Sh Gurdeep Singh filed a consumer case on 16 Sep 2009 against P.S.E.B. in the Bhatinda Consumer Court. The case no is CC/09/133 and the judgment uploaded on 30 Nov -0001.
Punjab
Bhatinda
CC/09/133
Sh Gurdeep Singh - Complainant(s)
Versus
P.S.E.B. - Opp.Party(s)
Sh. Gurpreet Singh Advocate
16 Sep 2009
ORDER
District Consumer Disputes Redressal Forum, Bathinda (Punjab) District Consumer Disputes Redressal Forum, Govt. House No. 16-D, Civil Station, Near SSP Residence, Bathinda-151 001 consumer case(CC) No. CC/09/133
Sh Gurdeep Singh
...........Appellant(s)
Vs.
P.S.E.B. S.D.O.A.E.E.
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA (PUNJAB) CC.No.133 of 19-6-2009 Decided on: 16-9-2009 Gurdeep Singh son of Sh Kartar Singh, resident of Village, Jhumba, Tehsil and Distt. Bathinda. .Complainant. Versus 1. Punjab State Electricity Board, The Mall, Patiala, through its Secretary. 2. S.D.O./A.E.E., Punjab State Electricity Board, Sub Division Gidderbaha, Distt. Muktsar. Opposite parties. Complaint under section 12 of the Consumer Protection Act,1986. Present:- For the Complainant : Gurpreet Singh, Advocate. For the Opposite parties : S.K.Singla, Advocate. QUORUM Sh. George, President. Sh. Amrajeet Paul, Member. ORDER GEORGE, PRESIDENT:- 1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (here-in-after referred to as Act) with the allegations against the opposite parties that he applied for with a continuous and uninterrupted connection for electric supply for 24 hours. He deposited the required fee with opposite party No.1 and after completion of all the requisite formalities, opposite parties released a connection to him for 24 hours supply vide electricity connection bearing A/c No. Y24/JH220384F and it was being used by him, observing all the terms and conditions, rules and regulations of PSEB. In the beginning of June, 2009, this electric connection has been disconnected by the opposite parties without any prior intimation to him and without disclosing any reason for the same, although, opposite parties had no right to disconnect the said electric connection. He made repeated requests to opposite parties and also made personal visits to opposite party No.2 to get said electric connection restored, but his requests were not acceded to by the opposite parties and as a result of which, he has suffered grave mental tension, agony, botheration, harassment and humiliation including loss of repudiation and also monetary loss. He has prayed that opposite parties may be directed to restore the aforesaid electric connection having 24 hours continuous and uninterrupted supply of electricity and also to pay him compensation to the tune of Rs. 50000/- along with Rs.3300/- as cost of the forced litigation. 2. Opposite parties contested the allegations that this District Forum has no jurisdiction to entertain and decide the disputes between the parties. However, it is admitted act that electricity connection was released to the complainant from Jhumba UPS Feeder but the said feeder became overloaded, because of which, the connection of all the Dhanies on the present feeder including the connection of the complainant had to be shifted to Balluana Feeder and some technical defect had occurred, as a result of which, the connection of the entire Dhani had to be shifted. The electricity to the connection of the complainant was being connection from rural feeder for some time and now again the supply to his connection has been restored from Urban Feeder. The connection of the complainant was never disconnected rather it was temporarily shifted on rural feeder and supply was given to the complainant from Rural Feeder and now again supply to his connection has been connected through urban feeder with facility of 24 hours supply. 3. To prove respective assertions, the complainant as well as opposite parties have led their evidence. 4. Complainant filed his affidavit dt. 19-8-2009 Ex.C-1 and also brought in evidence payment receipt Ex.C-2; copies of estimate of the connection Ex.C-3 to Ex.C-5; copies of payment receipts Ex.C-6 and Ex.C-7; copy of Invoice of the purchase of material for the connection Ex.C-8; copies of inspection reports Ex.C-9 and Ex.C-10; copy of test report Ex.C-11; copies of bill receipts Ex.C-12 to Ex.C-14. 5. To controvert the evidence of the complainant, opposite parties brought on record, affidavit of Sh. Jai Chand,S.D.O. on 1-9-2009 Ex.R-1. 6. We have heard the learned counsel for the parties and perused the entire record of the case carefully. 7. It appears from the record of the case that complainant after payment of required charges, was enjoying the facility of supply of electricity under scheme of 24 hours supply from opposite parties. However, in the month of early June, this electricity connection was disconnected by the opposite parties without any prior intimation to the complainant and also without disclosing any reason for the same and the electric connection was not restored, despite, several requests made by the complainant and also making personal visits to opposite party No.2. The claim of the complainant with regard to fact that he paid charges for 24 hours supply of electricity, but his electric connection was disconnected by the opposite parties without any reason or notice given to the complainant, though, not admitted by any clear terms but this fact is clearly emerging from the record of the case including the affidavit of Sh. Jai Chand S.D.O. Ex.R-1 filed on behalf of opposite parties that due to some technical defect, the electric connection of the complainant along with all other connections were shifted to the Balluana rural feeder temporarily. However, after the removal of the technical fault the connections including the connection of the complainant have been again connected with Jhumba UPS feeder which provides 24 hours supply on urban pattern. The opposite parties have not brought on record as to what kind of technical fault developed in Jhumba UPS and when it developed and in how much time this technical fault was likely to be removed, whereas, according to complainant, his electricity connection remained dead from about 2 and half month and his connection was only restored by the opposite parties after filing of the present complaint and notice issued by this Forum to opposite parties, meaning thereby that the complainant had to suffer due to non supply of electricity, approximately a period of two months, despite, the fact that he deposited the required fee and he was allotted electric connection under the scheme of supply for 24 hours. The complainant was not informed any reason by the opposite parties before disconnecting electricity to his connection nor the complainant was informed about the kind of defect Jhumba UPS developed. The electricity connection was disrupted, as a result of which, the complainant had to suffer which definitely amounts to deficiency in service on the part of the opposite parties. If any defect is developed with any technical reason in the supply of electricity the opposite parties are required at least to inform to the consumer, not only reasons but also the period which is likely to take restoration of normal supply of electricity. It has come in affidavit of concerned S.D.O. Ex.R-1 that the electric connection has now been restored but the complainant has already suffered mental tension, agony, botheration due to the attitude of the opposite parties and therefore, the complainant is entitled for a reasonable and adequate amount of compensation which we assess at Rs. 10,000/- along with an amount of Rs. 2000/- as litigation expenses. 8. The compliance of this order be made within 45 days from the date of receipt of copy of this order. 9. The copy of this order be sent to the parties concerned free of cost and file be indexed and consigned. Pronouned (GEORGE) 16-9-2009 PRESIDENT (AMARJEET PAUL) MEMBER
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