DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC.No.211 of 24.08.2009<br /> Decided on: 30.11.2009<br /> Satpal Singh son of Bhagwan Singh son of Narain Singh, resident of village Mian, District Bathinda.<br /> <br /> …….Complainant.<br /> <br /> Versus<br /> 1. Punjab State Electricity Board, Patiala, through its Secretary, The Mall, Patiala.<br /> 2. Sub Divisional Officer, Punjab State Electricity Board, Sub Division Sangat, Distt. Bathinda.<br /> 3. Addl. Superintending Engineer, Punjab State Electricity Board, Operation Division, Bathinda.<br /> ……Opposite parties.<br /> Complaint under Section12 of the Consumer Protection Act, 1986.<br /> <br /> Present:<br /> For the Complainant : Sh. Ramandeep Singh, counsel for the <br /> complainant.<br /> For the Opposite parties: Sh. J.P.S.Brar, counsel for opposite parties No. <br /> 1&2.<br /> Opposite party No.3 already exparte.<br /> <br /> QUORUM<br /> <br /> Sh. George, President.<br /> Dr. Phulinder Preet, Member.<br /> Sh. Amarjeet Paul, Member.<br /> <br /> ORDER<br /> <br /> GEORGER, PRESIDENT:-<br /> <br /> 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 his father Sh. Bhagwan Singh had a Tubewell connection since 1986. After the death of his father on 23.04.1989, the agricultural land has been inherited by him, and in partition between brothers in equal shares. The said Tubewell connection came to the share of his brother Sh. Sukhpal Singh, and therefore, the complainant applied for Tubewell connection on priority basis with opposite parties in his name, and completed all the formalities with them, and deposited fee of Rs. 1,500/- with opposite party No.1 on 07.10.2008. The opposite parties have also completed all the necessary formalities, for release of Tubewell connection to him, on priority basis, but are not issuing Demand Notice for the reason, that before the complainant, Sh. Gurtej Singh son of Kultar Singh has his turn, for release of Tubewell connection, and there are some irregularity in his case, which is to be sorted out, and thereafter demand notice will be issued to the complainant. He has further pleaded that if there is any irregularity in the case of Gurtej Singh on the ground that, his Tubewell connection be with held by the opposite parties. He is therefore, seeking directions against opposite parties to release him the Tubewell connection, immediately, and to pay compensation to the tune of Rs. 50,000/- alongwith litigations expenses.<br /> 2. Opposite parties contested the allegations raising objections that complaint is not maintainable; complaint is bad for non-joinder and mis-joinder of the proper parties; complainant has not come in this Forum with clean hands; there is no deficiency in service; complainant is not a consumer, and complaint filed on false and frivolous grounds.<br /> 3. On merits also while denying all the allegations of the complainant, it has been pleaded that in the same category, an another applicant Sh. Gurtej Singh senior to the complainant, is in the waiting list, and therefore, the demand notice cannot be issued to the complainant, till the demand notice is not issued to the said Gurtej Singh, and the case for issuing of the demand notice to Gurtej Singh is under process with the Higher Offices as per rules of PSEB, and opposite parties are committed to issue demand notice to the complainant immediately after the release of connection to the said Gurtej Singh as per turn of the complainant.<br /> 4. Complainant in order to prove his allegations, filed his own affidavits dated 23.10.09 and 24.08.09 Ex.C-1 and Ex.C-2, and also brought on record, photo copy of affidavit of Sh. Sat Pal Singh S/o Sh. Sukhpal Singh dated 02.07.08 Ex.C-3; copy of letter Ex.C-4, and copies of payment receipts Ex.C-5 and Ex.C-6.<br /> 5. To controvert the evidence of the complainant, opposite parties filed affidavit of Sh. Ramesh Kumar, SDO dated 12.11.09 Ex.R-1.<br /> 6. We have heard the learned counsel for both the parties, and perused the entire record of the case carefully.<br /> 7. From the careful perusal of the entire record of the case, it appears that opposite parties in their reply have not pleaded any such fact, which goes to show that, the complainant has not complied with any of the requirements, for the release of Tubewell connection to him, on priority basis. As per the stand taken by opposite parties, the Tubewell connection of the complainant has been with held, only for the reason that the case for issuing of the demand notice to Sh. Gurtej Singh is under process, with the Higher Offices as per rules of PSEB, and opposite parties are committed to issue demand notice to the complainant immediately after the release of connection to the said Gurtej Singh as per turn of the complainant. Opposite parties have not raised any question about the entitlement as well as right of the complainant for release of Tubewell connection to him. Simply because, Sh. Gurtej Singh has not complied with some conditions of PSEB, and his case is under process with the Higher Offices as per rules of the PSEB. The Tubewell connection of complainant cannot be with held on the ground of seniority of said Gurtej Singh identically.<br /> 8. We therefore, are fully convinced that opposite parties are with holding the issue of demand notice, for Tubewell connection of the complainant without any sufficient reason, and are thus, committing deficiency in service, and accordingly, opposite parties are directed to issue the demand notice for the release of the Tubewell connection to the complainant, within 15 days, from the date of receipt of copy of this order, and the case of Sh. Gurtej Singh may be taken up separately as per the rules of PSEB.<br /> 9. Keeping in view, the peculiar facts and circumstances of the case, both the parties are left to bear their own costs.<br /> 10. The copy of this order be sent to the parties concerned free of cost, and file be indexed and consigned.<br /> <br /> <br /> Pronounced (GEORGE)<br /> 30.11.2009 PRESIDENT<br /> <br /> <br /> (DR. PHULINDER PREET)<br /> MEMBER<br /> <br /> <br /> (AMARJEET PAUL)<br /> MEMBER<br /> <br /> <br />