DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA (PUNJAB)
CC No. 406 of 08-09-2010 Decided on : 24-01-2011
Tarsem Chand S/o Hari Ram aged about 69 years R/o Village Jhanduke, Tehsil Phul, District Bathinda. .... Complainant Versus
Punjab State Power Corporation Limited, The Mall, Patiala, through its Chairman-cum-Managing Director. Punjab State Power Corporation Limited, Sub Division Bhucho, Distt. Bathinda, through its Asstt. Executive Engineer. Punjab State Power Corporation Limited, Sub Division Rampura, District Bathinda, through its Senior Executive Engineer
.... Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM Ms. Vikramjit Kaur Soni, President Dr. Phulinder Preet, Member Sh. Amarjeet Paul, Member
For the Complainant : Sh. Gurcharanjit Singh, counsel for the complainant For the Opposite parties : Sh. Abhey Singla, counsel for the opposite parties.
O R D E R
VIKRAMJIT KAUR SONI, PRESIDENT
This complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended upto date (here-in-after referred to as 'Act'). The complainant applied for domestic connection for his residence/room situated in his fields vide application No. 17689 (A&A) on 22-12-2009. The complainant was asked to deposit the necessary/requisite fee for the installation of said connection and demand notice dated 22-12-2009 raising a demand of Rs. 1540/- was issued to the complainant. The complainant deposited the said amount vide receipt No. 454 on the same day. The complainant furnished a duly sworn affidavit alongwith application with the opposite parties that the connection in question would be used by him purely for domestic purposes and not for any other purpose. The complainant also completed all other requisite formalities and furnished test report and electricity fitting report dated 18-11-2009 and 17-11-2009 respectively. The opposite parties prepared false report to the effect that the complainant wanted to use the said connection for agricultural purposes and there was a bore of 3' at the spot where the connection was to be installed and further there was no electricity fitting in the room. The opposite parties have issued a letter No. 4 dated 1.1.2010 to the complainant which was duly replied by him stating therein that report was based on totally false facts as the complainant has already submitted in the application as well as in the affidavit that the connection would be used purely for domestic purposes . The complainant alleged that there was no such 3” bore at the spot rather the bore was 8' and the load of the said connection is 1 KW and the same could not be used for agricultural purposes in any manner. The complainant also filed an application under right to Information Act with the opposite parties on 6.4.2010 to know about the status of his application for release of domestic connection and the opposite parties replied to the said application vide memo No. 369 dated 7.4.2010 which revealed that there was no legal and valid reason for not releasing the connection in question by the opposite parties. From the said document, the complainant came to know that Asstt. Executive Engineer, Sub Division, Bhucho Mandi submitted his report to opposite party No. 3 to the effect that the site was inspected by him and there was a room measuring 8'X8' at the spot and that the temporary fitting was also available, but despite this, the connection has not been released to the complainant. The complainant is unable to reside in that room without electricity and for proper looking after his fields. Hence, this complaint seeking directions to the opposite parties to release his domestic electric connection and pay him compensation and cost. The opposite parties have filed their written reply and admitted that the complainant had applied for domestic connection and deposited Rs. 1540/- but it has been denied that the opposite parties have prepared a false report. It has been pleaded that complainant applied for a domestic connection which was later on changed to NRS, in his fields, vide A&A Form No. 17689 dated 22-12-2009. A SCO bearing No. 107/43387 dated 22-12-2009 was issued. After submission of A& A Form, JE S. Shamsher Singh visited the site on 22-12-2009 and found that complainant had constructed a room of 8' X 8' on the bore in which there was no electric fitting. The complainant wanted to get domestic connection in his fields and wanted to run a motor on the said connection. The complainant may be asked to apply for connection under required category. The distance of the room from Rai Khana Feeder is 95 meters. An endorsement about all these facts were mentioned on page No. 6 of A&A Form on 28-12-2009. Er. Shamsher Singh JE again visited the site and found that there was no electric fitting and no person was residing there where the connection was to be released. The complainant was intimated vide memo No. 4 dated 1.1.2010 that according to the report of JE, there was no business activity in the said premises which was situated in his fields. There was no residential area around the premises which consists only a room measuring 8' X 8'. There was a 3' bore near this room which has no electric fitting. It was also found that adjoining the said room there was no proof of any residency. The complainant wanted to use that connection for irrigation purposes only and according to the instructions of the Board, the said connection cannot be released. The opposite parties have pleaded that under the provisions of Rules & Regulations, all categories of metered supply connection falling within 500 meters of the phirni of village except AP Tubewells are entitled for supply from urban pattern supply feeder. The normal service connection charges on load basis included only for upto 100 meters and beyond that Rs. 125/- per meter is chargeable from the consumer as variable charges. The distance between the existing UPS feeder and the site where connection has to be installed is 445 meters. The opposite party No. 2 had written a letter in this regard vide memo No. 413 dated 14-07-2010 to the complainant advising him to deposit Rs. 43,125/-, but the complainant has not deposited the amount and as such, the connection was not released to him. Parties have led evidence in support of their pleadings. Arguments heard and written submissions submitted by the parties perused. The learned counsel for the complainant submitted that complainant had applied for domestic connection for residential purposes situated in his fields. The opposite parties issued a demand notice dated 22-12-2009 raising a demand of Rs. 1540/- which was deposited by the complainant on the same day. The complainant has also furnished an affidavit alongwith his application that connection would be used purely for domestic purposes. The complainant has also furnished electricity fitting report and test report dated 18-11-2009 and 17-11-2009 respectively. He argued that the opposite parties have prepared a false report that complainant wanted to use the said connection for agricultural purposes as there was bore of 3” at the spot where the connection was to be released and there was no electricity fitting in the said room. The opposite parties issued a letter dated 01-01-2010 to the complainant which was duly replied by him stating therein that report was based on totally false facts as the complainant has already submitted in the application as well as in the affidavit that the connection would be used purely for domestic purposes. Moreover at the spot there was bore of 8” and not of 3” and the load of said connection is 1 KW which cannot be used for agricultural purposes in any manner. The complainant had also filed an application under RTI with the opposite parties on 6-4-2010 and the opposite parties replied to the said application vide memo dated 7-4-2010 which revealed there was no legal and valid reason for not releasing the connection to the complainant. From the said document, the complainant came to know that A.E.E. Sub Division, Bhucho Mandi, has submitted his report that the site was inspected by him and there was a room measuring 8'X8' at the spot and that the temporary fitting was also available, but despite this, connection was not released to the complainant. On the other hand, the learned counsel for the opposite parties submitted that the complainant had applied for domestic connection which was later on changed to NRS in his fields and a SCO dated 22-12-2009 was issued. After submission of A&A Form, J.E. Sh. Shamsher Singh visited the site on 22-12-2009 and found that complainant had constructed a room of 8'X8' on the bore in which there was no electric fitting and there was no residential area. The complainant wanted to use that connection for irrigation purposes and according to the instructions of the Board, the same cannot be released. Under the provisions of Rules & Regulations, all categories of metered supply connection falling within 500 meters of the phirni of village except AP Tubewells are entitled for supply from urban pattern supply feeder. The normal service connection charges on load basis included only for upto 100 meters and beyond that Rs. 125/- per meter is chargeable as variable charges. The distance between the existing UPS feeder and the site where connection has to be installed is 445 meters. The opposite party No. 2 had written a letter dated 14-07-2010 to the complainant asking him to deposit Rs. 43,125/-, but the complainant has not deposited the amount and as such, the connection was not released to him. The complainant has produced on file electric fitting report dated 17-11-2009 Ex. C-3 issued by the contractor. It has been specifically mentioned on Ex. C-3 :- “....In accordance with the clause (XIV) of Licence I/We submit that I/we shall be starting the electrical installation work in the premises of Sh. Tarsem Lal S/o Sh. Hari Ram, Jhanduke, Bathinda. The work will be carried out by Jaswinder Singh Wireman A class Permit No. WA 3854 & will supervised by Gursewak Singh Supervisor CP No. 2135. Details of proposed installation as following :- 1. Low medium Voltage 230 Volts 2. Connected Load 1 KW 3. Type of wiring CTS 4. Size of proposed conductor 7 X 20 5. No. of proposed circuits One” The copy of this report was sent to SDO/JE, Punjab State Electricity Board and Test report dated 18-11-2009 Ex. C-4 was submitted by the same Govt. Contractor. The above mentioned two documents show that all the formalities regarding the connection have already been completed. The report submitted by the J.E. vide Ex. C-5 is contradictory to above said fitting report and test report. The opposite parties have not released the electric connection to the complainant on above mentioned report submitted by J.E. to the effect that a room of 8'X8' has been constructed wherein there is no fitting of electricity and outside the room, there is a bore of 3”. The complainant has moved an application under RTI with the opposite parties seeking information regarding status of his connection and the opposite parties replied to the application and sent him the documents relating to his connection. During the arguments, the opposite parties have submitted that during the period of six months i.e. uptill 22-12-2010 the electric fitting was done but there was no proof of residence. The opposite parties have written a letter dated 14-07-2010 Ex. R-2 to the complainant requiring him to deposit Rs. 43,125/- on the ground that the normal service connection charges on load basis included only for upto 100 meters and beyond that Rs. 125/- per meter is chargeable from the consumer as variable charges. The distance between the existing UPS feeder and the site where connection has to be installed is 445 meters. As per regulations of the Board 100 meters is free and the complainant has to pay Rs. 43125/- for the remaining 345 meters @ Rs. 125/- per meter. The learned counsel for the opposite parties has relied upon the regulations which are reproduced hereunder :- “45.2 Within 500 meters of Phirni – All categories of consumers (existing/new) falling within 500 meters of the phirni of village except AP T/wells are entitled for supply from urban pattern supply feeder as part of scheme. Supply shall, however, be given through single phase LT Line for loads upto 10 KW.....” “51.1.2 Variable charges – No variable charges are leviable upto 150 meters. Beyond 150 meters for all loads variable charges @ Rs. 125/- per meter length of service line shall be recoverable.” “9.1.1 For new connections (i) Domestic, Non-Residential, Industrial and Bulk Supply categories : (a) The applicant requesting the Licensee for a new connection under Domestic, Non-Residential, Industrial and Bulk Supply categories will be required to pay per KW/KVA charges as approved by the Commission. Such charges will be payable by an applicant where the load/demand required is upto and including 500 KW/500 KVA and the length of the service line is upto one hundred meters for Domestic & Non-Residential Supply category and two hundred fifty meters for industrial and Bulk Supply categories.” The complainant was not made aware of all these rules and regulations and he was never asked by the opposite parties before his depositing the amount of Rs. 1540/- on 12-12-2009. The complainant has been waiting for the issuance of the connection for a period of more than one year. The opposite parties have pleaded that there was no proof of residency. Without the connection of electricity, it is difficult to reside in the room. Hence from the above said discussion, this Forum concludes that there is deficiency in service on the part of the opposite parties. Therefore, this complaint is accepted with Rs. 1,000/- as cost and compensation and the opposite parties are directed to release the electric connection to the complainant without charging any further amount. The compliance of this order be made within 30 days from the date of receipt of copy of this order. A copy of this order be sent to the parties concerned free of cost and the file be consigned to record.
Pronounced 24-01-2011 (Vikramjit Kaur Soni) President
(Dr. Phulinder Preet) Member
(Amarjeet Paul) Member
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