18.4.2017 Present:- Sh.Gurvinder Singh, complainant in person.
IPO worth Rs.100/- deposited with the complaint as fee be deposited in the relevant head as per notification dated.10.02.2005 by the Superintendent.
Heard on the point of admission of complaint.
Facts of the case as gathered from the complainant are that the complaint case 190/14 was decided in his favour vide order dated 15.7.2014. Opposite parties issued letters on 19.8.2014, 16.7.2014 and 4.9.2014 for getting Rs.68,100/ deposited-, but it was also mentioned that Hon'ble National Green Tribunal has ordered status quo for issuance of tubewell connection and this order has not been vacated. The complainant has also made correspondences with opposite parties to know whether the stay has been removed or not, but to no effect. It is also mentioned that the stay has not barred for tubewell connection. Opposite party cannot delay or deny the tubewell connection by concealing vacation of stay information.
On this backdrop of facts, the complainant has filed this complaint with the prayer for installation of tubewell connection and compensation for delay of 2 years.
We have heard complainant on the point of admission of complaint.
The complainant has reiterated his stand as taken in the complaint and detailed above.
We have given careful consideration to these submissions.
The complainant himself has placed on record copy of letter dated 15.7.2014 passed in his earlier complaint 190 dated 7.3.2014. From the perusal of the complaint, it is made out that in earlier complaint, the complainant has challenged the demand of Rs.68,100/- for installation of tubewell connection. The complaint was decided. Opposite parties were directed to consider the case of the complainant regarding attachment of property and it was further mentioned that the connection be released to the complainant within next 30 days, if he complies with the demand notice i.e. he deposits the amount of Rs.68,100/- with opposite parties. Therefore, the matter was already decided. The complainant was directed to deposit Rs.68,100/-. He has admittedly not deposited this amount. He has also not expressed his readiness and willingness to deposit this amount.
He has also placed on record copies of letters received from opposite parties. Vide letter dated 19.8.2014, the complainant was intimated that his connection will be released after deposit of Rs.68,100/-. Of-course, it was further intimated that Hon'ble National Green Tribunal has issued stay order, but at the end of letter, it was further mentioned that the instructions will be sought from the legal cell for release of connection as per order of Court. Another letter dated 4.9.2014 was issued to the complainant whereby he was directed to deposit Rs.68,100/- and thereafter PSPCL will comply with the aforesaid order passed by this Forum. Therefore, from the letters relied upon by the complainant, it is clear that the matter was kept pending only for the reason that the complainant has failed to deposit Rs.68,100/- with opposite parties. In these circumstances, the complaint of the complainant is considered as pre-mature.
Therefore, complaint is rejected. File be consigned to the record room and copy of this order be sent to the complainant free of cost.
Announced:-
18.4.2017
(Jarnail Singh) (M.P.S Pahwa)
Member President