ORDERS:

Varinder Pal Singh Saini, Member

1        The complainant has filed the present complaint under Section 11, 12,  and 13  of the Consumer Protection Act (herein after called   as 'the Act') against Punjab State Power Corporation Limited, through its Sub Divisional Officer, Sub Division, Tarn Taran Tehsil and District Tarn Taran and others on the allegations that there is a colony namely Master Colony approximately in 50 Acres of land situated in the area of Muradpur within the City of Tarn Taran and many residential houses and commercial shops etc. are situated within the colony. One Harbhajan Singh son of Jagat Singh was having 5 Acres of land in the above said area and above said Harbhajan Singh has sold his land approximately 2 Acres by carving out the same in the shape of plots and the said sold land is now known as street No. 9 and 10 of the Master Colony.  The above said Harbhajan Singh has executed a Will with regard to his remaining 3 Acres of land in the name of his grandsons namely Parambir Singh, Karambir Singh etc i.e. opposite parties No. 4 and 5. The above said persons, in collaboration, Jaswant Singh son of Nand Singh and Palwinder Kaur w/o Jaswant Singh have planned to sell above land in the shape of residential and commercial plots. Jaswant Singh and his wife Palwinder Kaur have also got registered some land in their favour from above said persons. Karambir Singh, Parambir Singh, Jaswant Singh and Palwinder Kaur have carved out various plots out of the above said land and started to sell the above said land in the shape of plots residential and commercials. Later on as per the policy of Government, Jaswant Singh has obtained regularization certificate from the concerned Government authority in order to facilitate provisions of basic amenities to the plot holders of the area and has given the name of the area as ‘Baba Deep Singh Colony’ which is situated alongwith the area of Master Colony. As such, ‘Baba Deep Singh Colony’ has been legally developed and the Municipal Council Tarn Taran has also issued a certificate that the above said area comes within the Municipal Council area of Tarn Taran. An electricity connection was got installed by above said Jaswant Singh in the area for the purpose of construction/ development of the area. The residents of area have been using the electricity from the above connection by installing sub meters for construction work. The complainant has purchased the land i.e. a plot No. 26 measuring 4 Marlas 36 Sq. feet with big Karmas out of Khasra No. 514/1(8-0), 528/1/1(6-2), 529/1/1/2(3-2) situated in the area of Muradpur, the surrounding of the plot are as East: Private Plot No. 4 of Ajit Singh, West: Street 28 Feet, North: Plot No. 27 and South: Plot No. 25 and the said plot is situated in the enclave. The complainant has also obtained necessary permission from the Municipal Council Tarn Taran for construction work and residential house was constructed on the above said plot belonging to the complainant. As such, the house was constructed after following all necessary formalities and thereafter, the complainant applied to the PSPCL (Corporation) for electricity connection in his residence, but the corporation has lingered on the matter by giving the one or another reasons. The complainant has made several requests to the officials of the corporation by saying that the electricity is the basic necessity of the life and it is very difficult for his family to live without proper domestic electricity connection. The officials of the corporation has told the complainant that above said Jaswant Singh has obtained NOC for PUDA approved colony and he has not developed LD system as per the instructions in the NOC, as such electricity connection has not been given to the residents of the area. The complainant has told the officials that ‘Baba Deep Singh Colony’ is not PUDA approved colony rather the above said area/ colony comes within the Municipal Area, Tarn Taran and further the same has been regularized vide regularization certificate bearing No. 583 dated 28.1.2014 issued by the Urban Local Body for the purpose of facilitate provisions of basic amenities to residents of the area. The colony is part/ situated alongwith the Master colony as the colony and the corporation has already installed numerous electricity connection in the Master Colony as such the complainant is also entitled for the electricity connection. The complainant has brought in to the notice of the corporation all the above said facts but the officials of the corporation have not heard the genuine request of the complainant and have not agreed to give electricity connection to the complainant. If there exists any dispute between the opposite parties No. 1 to 3 and said Jaswant Singh then corporation can take the required legal remedies as per law against the above said Jaswant Singh but the corporation cannot deny to provide the electricity connection to the complainant as providing of electricity connection is mandatory as per the Electricity Act. The complainant is consumer within the definition of consumer provided Under Section 2(d)(ii) of the Consumer Protection Act. The complainant has intimated about his genuine need/basic necessity of the electricity to the concerned authorities of the PSPCL but none of the officials have paid any heed towards the genuine request of the complainant. The complainant has requested so many times to the concerned J.E & S.D.O to thoroughly investigate the matter but they used to linger on the matter on one and other pretext. The above said act on the part of the corporation and on the part of its officials is an arbitrary act/ a highly unfair trade practice as the complainant is suffering without any fault. The complainant has prayed that the opposite parties No. 1 to 3 may be directed to provide domestic electric connection to the complainant. The opposite parties may also be directed to compensate the complainant with Rs. 20,000/-  and Rs.10,000/- as litigation expenses. Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, Self attested copy of sale deed Ex. C-2, Self attested copy of approved site plan Ex. C-3, Self attested copy of permission from Municipal Committee Ex. C-4, Self attested copy of Municipal receipt Ex. C-5, self attested copy of Municipal certificate Ex. C-6, self attested copy of regularization certificate Ex. C-7, Self attested copy of correspondence PSPCL Ex. C-8, Self attested copy of Electricity account of Jaswant Singh Ex. C-9, Self attested copy of Jamabandi Ex. C-10, Self attested copy of Adhar Card Ex. C-11.

2        After formal admission of the complaint, notice was issued to Opposite Parties and opposite parties No. 1 to 3 appeared through counsel and filed written version contesting the complaint by taking preliminary objections that till the date of filing of the present complaint by the complainant, he never applied for release of any electricity connection as per rules detailed in clause 5.1 of Electricity Supply Code 2014 which clearly provides that the proceedings for release of connection are to be undertaken on receipt of an application in the application agreement (A and A) form prescribed by distribution licensee for this purpose.  Further the A and A form has been defined in clause 2(d) and the applicant has been defined in clause 2(c). Since the complainant had never applied for any electricity connection and is not covered by the definition of consumer and as such, the present complaint is not legally maintainable and is a clear abuse of process of law and is liable to be dismissed in a summary manner. The complainant has not come to this commission with clean hands and has suppressed material facts from this Commission and as such, the complaint is liable to be dismissed with heavy costs. The complainant has caused misrepresentation and is also guilty of concealment of material and true facts. In the present case, material and important questions of facts and law are involved which cannot be decided in summary manner and can only be decided after recording of evidence and cross examination of witnesses of both the parties and which can only be decided by a civil court of competent jurisdiction, the present complaint is liable to be dismissed on this ground alone. The colonizer who had developed the colony was supposed to submit the complete layout plan of the electrical network purpose to be erected in the colony and other documents prescribed by the licensee alongwith the processing fee as per schedule of general charges and obtain the preliminary NOC from the licensee i.e. PSPCL. The NOC shall be issued by the licensee within 45 days of receipt of the proposal complete in all respects alongwith requisite documents. In case the developer/ builder/ society/ owners/ association of residents/ occupiers withdraws his request or fails to comply with the conditions within the stipulated time, the processing fees shall be forfeited as provided in clause 6.7. On merits, it was pleaded that if the colony by name of Baba Deep Singh Enclave has been created and developed by Jaswant Singh but it is denied that any regularization certificate has been obtained from the competent authority i.e. PUDA nor any such certificate is attached with the complaint. The electricity connection taken by Jaswant Singh was taken on temporary basis, and temporary connection is defined in clause 2(zzc) and means an electricity connection required by a person for meeting with his temporary needs as such:-

(i)      For construction of residential, commercial and industrial complexes including pumps for dewatering.

(ii)     For illumination during festivals/ family functions.

(iii)    For threshers or other such machinery excluding AP Pumps set.

(iv)    For touring cinemas/ circuses/ fairs/ exhibitions / melas/ congregations,

                   Said Jaswant Singh could not grant further connections to any other person including the residents of the area by installing sub meters for the purpose and this exercise is totally unauthorized use of electricity and as defined in Section 126 of Electricity Act, 2013. The premises of the complainant was checked on 23.7.2020 by the competent authority of the opposite parties No.1  to 3 and they were using energy by installing sub meters from the temporary connection taken by Jaswant Singh and provisional notices under section 126 dated 27.7.2020 for unauthorized use were sent to the said persons for depositing the amounts of compensation. Whenever an application for grant of connection is submitted in prescribed form then security amount on the basis of load applied has also to be deposited but it is nowhere mentioned by the complainant that he had ever deposited any amount of security. He has not given any date of submitting any application for his alleged application which he wrongly and falsely alleges to have filed. The complainant for the first time applied for a temporary connection and as per order of this Commission and dated 20.7.2020 for release of a temporary domestic connection in his favour was installed on 15.8.2020. There is no NOC from PUDA. The master Colony is separate and is situated in different Khasra Numbers, while the present colony is in different Khasra Numbers and has been created recently. The colonizer/ developer was and is required to install and erect complete electricity line alongwith transformer to get it examined by Chief Electrical Inspector of Punjab Government, but in the present case no such exercise has been undertaken. Till the date of filing of the present complaint, the complainant had not submitted any application for grant of any connection to him and therefore, the question of making of request by him to the answering opposite parties does not arise. There is no question of any dispute between Jaswant Singh and the answering opposite parties. The opposite parties Nos. 1 to 3 have denied the other contents of the complaint and prayed for dismissal of the complaint with costs. Alongwith the written version, the opposite parties No. 1 to 3 have placed on record affidavit of SDO Ex. OP-R1, Copy of clause 5.1 of Electricity Supply Ex. OP-R2, Copy of clause 2(c) and 2(d) of Electricity Supply Code 2014 Ex. OP-R3, Copy of clause 6.7 (a to f) Ex. OP-R4, The copy of clause 2(zzc) of Electricity Supply Code 2014 Ex. OP-R5, Copies of checking reports dated 23.7.2020 Ex. OP-R6 to Ex. R 15, Copies of Provisional notices under Section 126 of Electricity Act, dated 27.7.2020 Ex. OP-R16 to R.25.

3        The opposite parties No. 4 to 6 appeared through counsel and filed written version contesting the complaint by taking preliminary objections that the present complaint is bad for misjoinder and non-joinder of necessary and proper parties as there was no need to join the answering opposite parties as parties to the present complaint the answering opposite parties have never worked or promised against the interest of the complainant and have always co-operated with the complainant. Since no relief is demanded against the answering opposite parties, as such the complaint may be dismissed against the answering opposite parties. The area of Muradpur is situated within the City Tarn Taran and is very large area, where many houses, shops and other commercial entities are situated and the PSPCL has provided electricity to all the persons of the area. Further the Master Colony has also been carved out of the land of Muradpur and likewise the PSPCL has provided electricity to all the houses, shops etc. situated in the Master colony. In the likewise manner, ‘Baba Deep Singh Enclave’ has also been carved out of the land of Muradpur and the said enclave is adjacent to the Master Colony and the said enclave is adjacent to the Master Colony but the officials of the PSPCL have not provided the electricity connection to the resident of the enclave. All the above three areas i.e. Muradpur, Master Colony and Baba Deep Singh Enclave are part of the major area of Muradpur and further comes with the limits of Municipal area of Tarn Taran. As such all the residents/ persons belong to Baba Deep Singh Enclave requires the DS electricity connection on normal charges likewise the persons residents of the area of Muradpur, Master Colony (Muradpur). Urban local bodies department i.e. Municipal committees, municipal corporations are having jurisdiction over the land falling within the limits of municipal area as such Baba Deep Singh Enclave has also been got regularized vide regularization certificate issued by the urban local body, Amritsar. Baba Deep Singh Enclave has been developed in the area of approximately 3 acres and there are only 39 residential houses but the officials of PSPCL are demanding huge amount by alleging that there is need for separate 11 KV feeder for the enclave and for establishment of the LD system. Both the above requirements are not prescribed for the enclave like Baba Deep Singh Enclave because as per rules and regulations of the PSPCL, the separate 11 KV feeder is required for the colonies where demand of load is between 2500 KVA to 4000 KVA and the demand of the whole project of the Baba Deep Singh Enslave is approximately 700 to 800 KVA and further there is no need to install separate LD system for providing electricity to the residents of area falling within the limits of Municipal Area. As the guidelines with regard to establishing of LD/LT as well as H.T. system have been mandatory for the private colonies approved by the PUDA/ Senior or District Town Planner and the said authorities are  having no jurisdiction over the land/ colonies falling within the municipal area. The land falling within the municipal limits comes under the urban local bodies department i.e. Municipal Committee/ Council or Municipal Corporation as such PUDA has no jurisdiction over the area falling within the Municipal Limits but the officials of the PSPCL have been wrongly saying that the Opposite party No. 6 has got approved the above enclave from PUDA. The opposite parties No. 4 to 6 have denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite parties No. 4 to 6 have placed on record self attested copy of certificate issued by Municipal Corporation Ex. OP 4 to 6/2, Self attested copy of certificate issued by Urban Local Bodies as Ex. OPs 4 to 6/3, Self attested copy of application by residents to D.C. as Ex. OPs 4 to 6/4, self attested copy of reply by PSPCL Ex. OPs 4 to 6/5, Self attested copy of reply by Jaswant Singh Ex. OPs 4 to 6/6, Self attested copy of Memo No. 5870 Ex. OPs 4 to 6/7, Self attested copy of application by Jaswant Singh Ex. OPs 4 to 6/8, Self attested copy of correspondence by PSPCL Ex. OPs 4 to 6/9.     

4        The complainant has filed rejoinder to the written version filed by the opposite parties No. 1 to 3 and denied all the pleas taken in the written version and reiterated the stand as taken in the complaint and it was pleaded that PSPCL has admitted in its reply filed before the District Collector Tarn Taran that developer Jaswant Singh has not deposited the amount so connections have not been installed. Further the correspondence dated  30.10.2018 of PSPCL clearly shows that applicants/ residents of the colony are again and again approaching the PSPCL with the demand of electricity connection. As such, this is baseless plea that the complainant has never filled up the required form for getting the electricity connection. Moreover, the complainant has already fulfilled all the formalities while getting electricity connection as per interim orders passed by this Commission.  The complainant very well comes within the definition of consumer as per the provisions of Consumer Protection Act. Dispute between the complainant and the PSPCL is simple i.e. For getting electricity connection as it is legal right of every resident/ person to get electricity connection in his house. and prayed that the present complaint may be allowed. Alongwith the rejoinder, the complainant has placed on record self attested copy of sale deed of Master Colony Ex. C-12, Self attested copy of electricity bill of Master Colony Ex. C-13, Self attested copy of correspondence Ex. C-14.

5        We have heard the Ld. counsel for parties and have also carefully gone through the documents on the file.

6        In the present case dispute is that the complainant has purchased a plot in the year 2017 in Baba Deep Singh Colony vide sale deed Ex. C-2 and later on he constructed his residential house and the opposite party No. 1 has not issued him permanent Domestic Electricity connection. The above said colony has been regularized by Local Bodies Amritsar. In regularization certificate there is no condition of obtaining NOC from PSPCL. The developer of its own get NOC from PSPCL in 2016  and validity of the said NOC was for only one year.  The developer has not laid down LD System in the said colony as per NOC nor he has get revised the said NOC from PSPCL. PSPCL has not taken any action against the developer for almost 6 years to get LD system installed nor PSPCL of its own installed the same. Ex. OP 4 to 6/7 is N.O.C. issued by the office of Chief Engineer/ Commercial, PSPCL, Patiala whereby as per terms and conditions of N.O.C LD system of project was approved for Rs. 20,11,297/- and copy of said NOC was forwarded to the Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar  for information and necessary action which is reproduced as follows:-

“….the regularization certificate for the unauthorized colony issued by your office vice certificate No. 583 dated 28.1.2014. The estimated expenditure for layout of electrical LD system of the project is approved for Rs. 20,11,297/-  subject to change as per the rates prevailing at the time of execution of work. This amount shall have to be secured from the promoter by you in case of default of promoter and the same shall have to be deposited to PSPCL for execution of work of LD system and release of connection to the consumers. The funds shall be placed at the disposal of PSPCL by your office within 15 days of the default on the part of the promoter having been notified/ intimated to your office by SE/ Operation, so that the residents/ owners of the plots (the prospective consumers of PSPCL) are not denied electric connections for want of development of LD system. The above cost estimate is purely on tentative basis which shall be subject to actual sanction of estimate (recoverable amount) at the time of execution of work as per clause 9.3.6 of Supply Code-2014. The estimated time period for complete development of the electrical LD system of the project is 6 months from the date of issue of NOC. The concerned section of your office may be instructed to watch progress of electrification of the project, so that the project is connected within the validity period of NOC. Any delay in development of LD system may be reported by the concerned field staff and promoter be followed to deposit the cost of connectivity and complete the LD system for release of individual connections.”

Whereby it was mentioned that this amount have to be secured from promoter by Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar. Further it is clarified that in case of default by promoter the same shall have to be deposited to PSPCL for execution of work of LD system and release the connection to the consumer. Further, it is also clarified that funds shall be placed at the disposal of PSPCL by the office of Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar within 15 days of default on the part of developer, meaning thereby upon receiving the intimation from the office of SE Operation PSPCL the funds shall be placed at the disposal of PSPCL within 15 days, so that LD system could be installed and connection be released to the consumers by the PSPCL. Further it was the duty of the Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar to get LD system installed within 6 months from the date of NOC. It was also stated in this NOC that concerned Section of your office i.e. Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar will instruct to watch progress of electrification of project so that project would be completed within validity period of NOC. If there is any delay in development of LD system same will be reported by concerned field staff and promoter be followed to deposit the cost of connectivity and release of connection to individuals.  Moreover, PSPCL have miserably failed to inform default to developer and to recover amount from Urban Local Bodies Authority

7        From the perusal of record it is very much clear that neither Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar nor PSPCL authorities have taken any cognigence to get the LD system erected and released the connections to consumers and in this letter it is clearly mentioned that project has to be completed within 6 months from the date of issuance of NOC but the said authority have also failed to prove on record what action has been taken to get the LD system erected within stipulated period. The validity of said NOC was for only one year. Further Deputy CE/ Regulation PSPCL Patiala had never made any effort to get the NOC renewed for the further time. Further Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar has miserably failed to force promoter/ developer to lay down LD system in the said colony. However, during the course of arguments Ld. counsel for the complainant has placed on record a letter bearing Memo NO. 740 dated 16.6.2012 issued by the office of Chief Engineer Commercial PSPCL Patiala issued to Dy. CE./ DS Circle, PSPCL Mohali whereby it was made clear regarding release of connection to unauthorized regularized colony. It is pertinent to mention here that Baba Deep Singh Colony is regularized by Urban Local Bodies, Amritsar and Para No. 3 of the said letter is as follows:-

However, if no condition regarding seeking NOC from PSPCL is enshrined in the CLU; Regularization certificate/ compounding certificate issued to developer by the competent authority and developer does not approach PSPCL for seeking NOC, in such a case connections to the residents inside the colony shall be released by taking service connection Charges and other charges as made applicable by PSERC from time to time from the applicants and the LD system shall be erected by PSPCL on basis of site requirement. In no case shall to developer be allowed to erect LD system or lay underground cables/ install LT or meter panels. etc.          

          Whereby it is made clear that in case developer does not approach the PSPCL for seeking NOC, in such a case connections to the residents inside the colony shall be released by taking service connection charges and other charges as made applicable by PSERC from time to time from the applicants and the LD system shall be erected by PSPCL on the basis of site requirement.

          However, the NOC was issued by PSPCL to developer which was valid for one year and the same has been expired in the year 2017, so at present there is no NOC exist for the time being because the NOC which was issued to the developer has expired in the year 2017, as such, Para No. 3 of the letter bearing Memo No. 740 dated 16.6.2022 is applicable on the Punjab State Power Corporation Limited Authority. As such Punjab State Power corporation Limited is bound to lay down the LD system and to release the connection as period of 5 years have already been elapsed. Bare perusal of NOC issued so developer shows that not even a single condition have been imposed by the PSPCL upon the developer which compel / force/ bind him to erect the LD system within stipulated period.

8        On each and every proceedings before this commission, the stand taken by PSPCL is that developer has not erected LD system as such they have not released the connection to consumer. But ultimately the consumer is suffering without any fault. The consumer is ready to deposit the service connection charges and other security charges but despite that the PSPCL is not releasing the connection to the consumer. In this matter the official of office of Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar alongwith PSPCL are responsible as they have failed to get the LD system erected within 6 months from the date of issue of NOC and consumer are standing on the same footing as they were in the year 2016 when the NOC was issued to the developer and further there is no hope for the consumer that officials of Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar as well as PSPCL will erect the LD system in the near future. In such situation we are of the opinion that PSPCL should lay down the LD system themselves as the PSPCL authorities have failed to get the LD system erected in stipulated period so the PSPCL should issue the domestic connection to the consumer without any further delay.  This Commission is of the considered view that Consumer Protection Act is a benevolent legislation and based upon the principle to protect the rights of the consumers and this Commission have to look into the fact that where there is deficiency in service on the part of the party concerned, right of the consumer may be safe guarded and concept of entire Act is based on the principle of natural justice and equity. This Commission also relied upon the law laid down referred in the following judgments : Hon’ble Supreme Court of India in case Punjab State Electricity Board Ltd. Versus Zora Singh and others Civil Appeal No.4910-4981 of 2005 has held that electricity Board is a State within meaning of Article 12 of the Constitution. The Board is expected to discharge its statutory functions within a reasonable time. The Hon’ble Supreme Court of India further held that A ‘State’ within Article 12 of the Constitution of India must act fairly and bonafide it cannot act for a purpose which is wholly unauthorized and not germane for achieving the object it professes whether under a statute or otherwise. Similarly, Hon’ble Madras High Court in case titled as T.M.Prakash and others Versus District Collector, Tiruvannamalai District, Tiruvannamalai and anothers 2013 (4 ) CLT 829 held that accessibility to electricity was considered as right to life – Lack of electricity denies person to equal opportunities in education, suitable employment, health, sanitation and other socioeconomic right – hence amounts to violation of humanrights – Constitution mandates socio economic justice – Difficulties of women, children and aged persons living in huts without electricity was to be visualized – Hence mandatory on licence to provide electricity supply to occupants of promoboke lands on production of ‘No Objection Certificate. Petitioners entitled to seek electricity service connection – Respondents hence directed to provide electricity supply to petitioners.

9        This Commission also relied upon the law laid down by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case Punjab State Power Corporation Limited Versus Gurpiar Singh 2012(3) CPJ 217 and another judgment titled as Asstt.Engineer Jaipur Vidyut Vitran Nigam and others Versus Bodan Ram in Revision Petition No.3008 of 2003 where similar view is taken by the Hon’ble State Commission and law cited above. So far as an order passed by the Hon’ble Punjab & Haryana High Court in case titled as M/s.Impact Projects Private Limited and anothers Versus Punjab State Power Corporation Limited and other CWP 23009 of 2019 is concerned, the Hon’ble Punjab &Haryana High Court has also protected the right of the consumer and held that right of the consumer may not suffer due to negligence, cleverness and other acts of the colonizer. The relevant abstract of the judgement is reproduced particularly para 4.9 of the order as under :

“4.9 This matter can be examined from yet another perspective. If in the absence of complete infrastructure, the distribution licensee is forced to take over the incomplete local electricity distribution network, the consumer are likely to suffer.”

10      Keeping in view the law as above, this Commission is of the view that the right of the consumer should not suffer in any manner whatsoever. Since the electricity is dire need of life of anyone individual, hence, same is protected by the legislature by enforcing the present Act i.e. Consumer Protection Act.

11      The opposite parties have taken objection that the complainant is not a consumer and the present complaint is not maintainable. But the opposite parties/PSPCL have issued temporary connection to the complainant and the complainant is using the electricity since a long time and is paying the electricity charges to the opposite parties/ PSPCL and the complainant has also applied for permanent domestic connection, therefore he falls under the definition of prospective consumer.

12      In view of above discussion we partly allow the complaint and the opposite parties No.1 to 3 are directed to release permanent electricity connection (D.S) to the complainant after taking the requisite charges i.e. security (non-energy charges) etc. if not deposited by the complainant within two months from the date of receipt of copy of this order. However, opposite parties No.1 to 3 are at liberty to take appropriate action against the opposite party No. 6 (colonizer) as per law, if the opposite party 6 is not complying with the conditions as agreed between the parties. The complainant has been harassed by the opposite parties No. 1 to 3, the complainant is also entitled to 20,000/- as compensation on account of harassment and Rs. 10,000/- as litigation expenses. Opposite Parties No. 1 to 3 are directed to comply with the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realization. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission and due to COVID-19. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission.

18.01.2023