Punjab

Kapurthala

CC/08/76

Ajit Singh - Complainant(s)

Versus

P.S.E.B. - Opp.Party(s)

Sh.B.S.Rath Adv.

17 Oct 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAPURTHALA
Building No. b-XVII-23, 1st Floor, fatch Bazar, Opp. Old Hospital, Amritsar Road, Kapurthala
consumer case(CC) No. CC/08/76

Ajit Singh
...........Appellant(s)

Vs.

P.S.E.B.
X.E.N. Nadala.
S.D.O. Nadala.
...........Respondent(s)


BEFORE:
1. A.K.SHARMA 2. Gulshan Prashar

Complainant(s)/Appellant(s):
1. Ajit Singh

OppositeParty/Respondent(s):
1. P.S.E.B. 2. X.E.N. Nadala. 3. S.D.O. Nadala.

OppositeParty/Respondent(s):
1. Sh.B.S.Rath Adv.

OppositeParty/Respondent(s):




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ORDER

Present complaint under Section 12 of the Consumer Protection Act, 1986 as amended upto date has been filed by compl;ainant Ajit Singh against opposite parties i.e. PSEB through its Chairman, The Mall, Patiala and other functionaries seeking direction against them for reconnection of his electric connection from 24 hours urban pattern feeder and also for monetary compensation on account of deficiency in its service. 2. Brief facts in the complaint lie in a narrow compass. Complainant is having electric connection bearing A/c No. KR24/0829H of D.S. Category and hgas been paying electricity bills regularly to the opposite party PSEB. It is further alleged that as per scheme of the opposite party PSEB, the consumers whose houses fall within 500 meters from from the village Phirni can avail the facility of 24 hours urban pattern feeder supply. . He applied for getting connection from 24 hours urban pattern feeder like other inhabitants of village Phirni and submitted report from the Tehsildar, Bholath. After completing all the formalities, he paid requisite amount of estimate. Later on electric connection was supplied to him from 24 hours urban pattern feeder and he paid electricity charges regularly. It is further averred that in the month of September, 2007 his electric connection from 24 hours urban pattern feeder was disconnected illegally and forcibaly without assigning any reason against which he protested to the officials of the opposite party Board but the same had gone unheeded. This illegal act of the opposite party Board amounts to deficiency in service against which he is entitled to the reliefs claimed. 3. Opposite parties appeared, controverted allegations of the complainant and resisted his claim. The main defence plea of the opposite party Board is that complainant failed to deposit the required process fee nor deposited required amount to get the 24 hours electrcity supply from urban pattern feeder. No estimate was prepared or sanctioned by the Board to release the connection to the complainant from 24 hours urban pattern feeder. It is further pleaded that complainant himself got installed electric poles and wires illegally to get 24 hours supply from urban pattern feeder on account of which officials of the Board disconnection the illegal electric connection and removed electric wires. The connection of the complainant was restored from 100 KVA transformer known as Ajit Singh Wala transformer-Rural feeder from where the electric connection of the complainant was earlier released. The other consumers who applied and got released electric connection from 24 hours urban pattern feeder on deposit of required amount had been taking the electricity supply legally from 24 hours urban pattern feeder in that area. Therefore, there is no deficiency in service on the part of opposite parties. 4. In support of his version complainant produced in evidence affidavits and documents Ex.C1 to C12. 5. On the other hand opposite parties produced in evidence only one affidavit Ex.R1. 6. We have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record. Learned counsel for the complainant has vehemently urged before us that act of the opposite party PSEB to disconnect the electric connection from urban pattern feeder despite his payment of requsite amount and fulfilling other formalities amounts to deficiency in service ont he part of opposite parties. On the other hand, the main plank of arguments of counsel for the opposite party Board is that no electric connection from 24 ghours urban pattern feeder was ever supplied to complainant as he had failed to fulfill the formalities and deposit of requisite amount with the PSEB. On the other hand he has himself got installed the electric poles and wires illegally to get 24 hours supply from urban pattern feeder which was rightly and legally disconnected by the officials of the BOard. 7. We have considered rival contentions of counsel for the parties We do not find substance in the contentions of counsel for the complainant. No doubt, complainant has reiterated his allegations in the affidavit Ex.C1 supported by affidavits of P Pargat Singh Ex.C2 and Ex-Sarpanch Ranjit Singh Ex.C12 that he applied for electric connection to avail supply from 24 hours urban pattern feeder on deposit of amount of Rs. 35000/- to Sukhwinder Singh SDO in the presence of Ramjit Singh Sarpanch and Pargat Singh Member Panchayat and Jaswinder Singh of Village Mand Ibrahimwal and electric connection was supplied to him from 24 hours supply of urban pattern feeder. These allegations have been equally refuted by Er.Balwinder Singh officiating SDO vide affidavit Ex.R1. We find only one application of Ranjit Singh Sarpanch to Tehsildar Bholath vide Ex.C5 and one sketch Ex.C6 for supply of electric connections to the houses within 500 meters from village Phirni for supply of 24 hours urban pattern feeder and two bills Ex.C3 and C4. But these documents do not help case of the complainant that he fulfilled all the formalities and deposited requisite amount with the PSEB because neither any estimate nor any plan was ever sanctioned by the PSEB in respect of alleged electric connection of complainant falling within 500 meters from village Phirni nor any prrof of deposit of requisite amount by the complainant. There is only bald allegation that amount of Rs.35000/- was paid to Sukhwinder Singh SDO in the presence of Ramjit Singh Sarpanch and Pargat Singh Member Panchayat and Jaswinder Singh of Village Mand Ibrahimwal and much has been refuted by the concerned SDO vide affidavit Ex.R1. Therefore, in the absence of any credible evidence of fulfilling the formalities and deposit of requisite amount by the complainant for getting electric connection from 24 hours urban pattern feeder , complianant cannot claim this relief . Opposite party Board may probe the allegation of the complainant through its Director Enforcement Wing if so desire. In the ultimate analysis of aforesaid discussion, finding no merit in the complaint, same is hereby dismissed with no order as to costs. Let certified copies of judgment rendered be supplied/depatched to the parties without any unnecessary delay and thereafter file be consigned to record room. Announced : ( Gulshan Prashar ) ( A.K. Sharma ) 17.10.2008 Member President




......................A.K.SHARMA
......................Gulshan Prashar