Before the District Consumer Disputes Redressal Forum, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 37 of 2017
Date of Institution : 06.06.2017
Date of Decision : 6.11.2019
Gurmit Kaur aged 27 years wife of Gurjant Singh resident of village Dayalpura, Tehsil Patti, District Tarn Taran.
…..Complainant
Versus
- Punjab State Powers Corporation Limited, the Mall Patiala District Patiala through its Managing Director.
- Executive Engineer, Punjab State Powers Corporation Limited Division Bhikhiwind Tehsil Patti, District Tarn Taran.
- Sub Divisional Officer, Punjab State Powers Corporation Limited, Sub Division Bhikhiwind, Tehsil Patti, District Tarn Taran.
…Opposite Parties
Complaint Under Section 12 and 13 of the Consumer Protection Act .
Quorum: Sh. Charanjit Singh, President
Smt. Jaswinder Kaur, Member
For Complainant Sh. D.K. Kondura Advocate.
For Opposite Parties Sh. A.K. Sharma Advocate
ORDERS:
Charanjit Singh, President;
1 The complainant Gurmit Kaur has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called as 'the Act') against Punjab State Powers Corporation Limited, the Mall Patiala District Patiala through its Managing Director and others (Opposite parties) on the allegations of deficiency in service and negligence in service on the part of the opposite parties with further prayer to direct the opposite parties to install the electric meter in the residential house of the complainant immediately without any further delay and also prayed Rs. 80,000/- as damages and compensation and Rs. 20,000/- as litigation expenses.
2 The case of the complainant in brief is that she had applied for new domestic electric connection and requisite fee for a sum of Rs.1,420/- has been deposited by the complainant on 20.06.2014 vide receipt No.D-310 dated 20.6.2014. All the domestic electric meters of another consumers who applied for the same at relevant time with the complainant have already since been installed by the opposite parties, but till date no domestic electric meter of the complainant has been installed by the opposite parties despite of numerous requests made by the complainant. All the required formalities have also been got completed by the complainant and all the requisite charges have also been got deposited by the complainant in the office of opposite parties and nothing remains due of the department of the opposite parties towards the complainant. The complainant has requested the opposite parties many a times to install the domestic electric meter of the complainant in her house, but the opposite parties did not pay any heed to it and the opposite parties are lingering on the matter under one pretext or the other. The complainant also served a legal notice dated 23.09.2015 through registered A.D. to the opposite parties through her counsel Shri Kanwaljit Singh Batth, Advocate, Patti, District Tarn Taran with the request to install the electric domestic meter in the residential house of the complainant immediately without any further delay and not to harass the complainant unnecessarily vide registered A.D. 23.09.2015 and the opposite parties had duly received the above said legal notice, but they did not give any reply to the above said legal notice, rather the opposite parties had been lingering on the matter under one pretext or the other and till today no domestic electric meter connection has been installed by the respondents/opposite parties. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party.
3 After formal admission of the complaint, notice was issued to Opposite Parties and Opposite Parties appeared through counsel filed the written version contesting the complaint by taking preliminary objections that the present complaint filed by the complainant is not maintainable as she herself is a wrong doer and she cannot take benefit of her on wrong. The mother in law of complainant is in arrears of Rs. 42,600/- against the account No. DP13/3047 in the name of Kashmir Kaur in same premises where the complainant wants to get installed her domestic connection. On merits, it was pleaded that the mother in law of complainant is defaulter of Rs. 42,600/- and until and unless it is clear no new connection is to be installed in the premises where depositing amount is outstanding. The concerned S.D.O has issued memo No. 2541 on 28.7.2014 and letter No. 2879 dated 5.9.2014 to the complainant for depositing the remaining amount but of no consequence. There is no deficiency of service on the part of the opposite party in providing source to the complainant party and complaint is liable to be dismissed and all the other allegations in the complaint have been denied by the opposite parties and prayer was made for dismissal of the complaint with costs.
4 The complainant tendered in evidence her affidavit Ex. C-1 alognwith documents Ex. C-2 to Ex. C-5 and closed the evidence. The opposite party tendered in evidence affidavit of Jaspal Singh SDO PSPCKL Bhikhiwind Ex. OPs//1 alongwith documents Ex. OPs/2 to Ex. OPs/4 and closed the evidence.
5 We have heard the Ld. Counsel for the parties and have gone through the evidence and documents placed on the file by the parties.
6 Ld. counsel for the complainant contended that the complainant had applied for new domestic electric connection and requisite fee for a sum of Rs.1,420/- has been deposited by the complainant on 20.06.2014 vide receipt No.D-310 dated 20.6.2014 which is Ex. C-5. All the domestic electric meters of another consumers who applied for the same at relevant time with the complainant have already since been installed by the opposite parties, but till date no domestic electric meter of the complainant has been installed by the opposite parties despite of numerous requests made by the complainant. He further contended that all the required formalities have also been got completed by the complainant and all the requisite charges have also been got deposited by the complainant in the office of opposite parties and nothing remains due of the department of the opposite parties towards the complainant. He further contented that the complainant has requested the opposite parties many a times to install the domestic electric meter of the complainant in her house, but the opposite parties did not pay any heed to it and the opposite parties are lingering on the matter under one pretext or the other. The complainant also served a legal notice dated 23.09.2015 Ex. C-2 through registered A.D. to the opposite parties through her counsel Shri Kanwaljit Singh Batth, Advocate, Patti, District Tarn Taran with the request to install the electric domestic meter in the residential house of the complainant immediately without any further delay and not to harass the complainant unnecessarily vide registered A.D. 23.09.2015 Ex. C-3, Ex. C-4 and the opposite parties had duly received the above said legal notice, but they did not give any reply to the above said legal notice, rather the opposite parties had been lingering on the matter under one pretext or the other and till today no domestic electric meter connection has been installed by the opposite parties. He prayed that the present complaint may be allowed. Ld. counsel for the opposite party contended that the present complaint filed by the complainant is not maintainable as she herself is a wrong doer and she cannot take benefit of her on wrong. The mother in law of Rs. 42,600/- against the account No. DP13/3047 in the name of Kashmir Kaur in same premises where the complainant wants to get installed her domestic connection. The mother in law of complainant is defaulter of Rs. 42,600/- and until and unless it is clear no new connection is to be installed in the premises where depositing amount is outstanding. The concerned S.D.O has issued memo No. 2541 on 28.7.2014 and letter No. 2879 dated 5.9.2014 to the complainant for depositing the remaining amount but of no consequence. The opposite parties have placed on record one document Ex. OPs/2 showing that there is outstanding amount of Rs. 42,600/- against Kashmir Kaur bearing account No. DP13/3047. The complainant has also placed on record one letter written by Harjinder Singh lineman addressed to S.D.O PSPCL Bhikhiwind in which he has written that Kashmir Kaur is holder of account No. DP13-3047 in village Dialpura and an amount of Rs.42,600/- is outstanding against her. Kashmir Kaur has applied another connection in the name of her daughter in law Gurmeet Kaur. Kashmir Kaur is defaulter in making the payment. SDO PSPCL has also issued a letter cum Memo No. 2541 dated 28.7.2014 addressed to Gurmeet Kaur complainant which is Ex. OPs/4 and requested to deposit the defaulting amount of Rs. 42,600/- qua the premises in question. He further contended that there is no deficiency of service on the part of the opposite party in providing source to the complainant party and complaint is liable to be dismissed and all the other allegations in the complaint have been denied by the opposite parties and prayer was made for dismissal of the complaint with costs. As per evidence produced on record by the opposite parties an amount of Rs. 42,600/- is due against the mother in law of the complainant in the premises in question and as per regulations of the opposite parties no connection can be installed in the same premises without clearing the previous outstanding against the said premises. The complainant is not entitled to get install the meter in the same premises until and unless the previous defaulting amount against the same premises is not cleared.
7 In view of the above discussion, there is no merits in the present complaint and the same is hereby dismissed. The parties are left to bear their own costs. Copy of order be supplied to the parties as per rules. File be consigned to record room.
Announced in Open Forum
Dated 6.11.2019
