DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 256 of 1.7.2016
Decided on: 30.3.2017
Aman Gaur S/o Sh.Sudhir Kumar r/o Village Sone Majra, Post Office Lachhru Kalan, Tehsil Rajpura, District Patiala.
…………...Complainant
Versus
- Assistant Engineer (SDO) Punjab State Power Corporation Ltd., Sub-Division-2, Ghanour, District Patiala.
- Punjab State Power Corporation Ltd.,,The Mall, Patiala through its Managing Director.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.M.L.Sharma,Advocate, counsel for
the complainant.
Sh.Paramjit Singh Walia,Advocate, counsel
for Opposite Parties.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Aman Gaur has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To release the electricity tubewell connection immediately
- To pay Rs.90,000/- as compensation on account of mental agony and physical harassment
- To pay Rs.5500/- as counsel fee
- And to grant any other relief, which this Forum may deem fit
2. In brief, the case of the complainant is that electricity connection for tubewell for agriculture land, bearing khasra No.615, was applied by his grandmother in the month of November,1992 and an amount of Rs.160/- vide receipt No.60, book No.30572 dated 13.11.92 was deposited with OP no.1.Unforrtunately his grandmother died on 21.7.2013. It is averred that after transfer of property (agriculture land), the case regarding electricity connection for tubewell was also transferred in his name and as per requirement of the O.Ps he deposited an amount of Rs.3000/- as security vide receipt No.426 dated 28.3.2014 with OP no.1.He also completed all the required formalities in this regard but till today, the OPs failed to release the tubewell connection.He visited the OPs for so many times but no response was shown by them, as a result of which he is not only suffering from low production of crops for a long period but also is suffering from mental agony and physical harassment. It is stated that the OPs released the connection to those persons even who applied after him. Thus, there is deficiency of service on the part of the O.Ps.
3. On being put to notice, the OPs appeared and filed the written version. It is admitted that the grandmother of the complainant applied for tubewell connection for agriculture land bearing khasra No.615, in the month of Noverber,1992 and deposited an amount of Rs.160/- with them. It is also admitted that the grandmother of the complainant died on 21.7.2013 and thereafter, after transfer of agriculture land, the tubewell connection was transferred, in the name of the complainant. It is stated that the amount in question was deposited as fee for transfer of electricity connection, applied in the name of the complainant. It is admitted that so far, no tubewell connection was released to the complainant as the connection applied by the complainant is under general category and after 1.1.1992 no connection under general category was released. There is no deficiency in service on the part of the O.Ps.The O.Ps denied all other averments made in the complaint and have prayed to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant tendered in evidence, Ex.CA, sworn affidavit of the complainant alongwith documents Exs.C1 to C15 and closed the evidence.
The ld. counsel for the O.Ps tendered in evidence, Ex.OPA, sworn affidavit of Er.Harminder Singh, AEE alongwith document Ex.OP1 and closed the evidence.
5. We have heard the ld.counsel for the parties, gone through the written arguments filed by the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. In the present case, the application for release of electric connection for tubewell in general category was moved in the month of November,1992. While going through the copies of jamabandi,Ex.C4, it is found that the complainant is having in total 3.337 acres of agricultural land. As per circular dated 16.12.2015,Ex.OP1, column 2(II) , the cut off date for release of electric tubewell connection to the farmers under general category, having land 2.5 acre to 5 acres, is 1.1.1996. Since the complainant has having 3.337 acres of agricultural land, therefore, his case falls within the said category. It may be stated that the Ops have not placed any record showing how much electric tubewell connections they have released under general category till yet. Since the complainant has applied for the release of electric tubewell connection in the year,1992 i.e. much before the cut off date i.e. 1.1.1996, therefore, he is entitled for the release of the electric tubewell connection in the his name.
7. In view of the aforesaid discussion, the present complaint is allowed and the Ops are directed to release the electric tubewell connection to the complainant within six months, from the date of receipt of the certified copy of this order. The complainant has been harassed by the Ops by not releasing the tubewell connection in his name. Hence he is also entitled for compensation of Rs.12,000/- inclusive of litigation cost, which shall also be paid by the Ops. The compensation amount shall be paid by the Ops within 30 days from the date of receipt of the certified copy of the order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:30.3.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
