Before the District Consumer Disputes Redressal Forum, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No  :   13 of 2019

Date of Institution                      :   07.02.2019

Date of Decision               :   19.06.2019

Harjinder Singh son of Mukhtiar Singh resident of Ward No. 7 Patti, Tarn Taran Tehsil Patti, District Tarn Taran

                                                                             …..Complainant

                             Versus

S.D.O. Punjab State Power Corporation Ltd. Sub Division City Patti, Tehsil Patti, District Tarn Taran.

                                                                             …Opposite Party

Complaint Under Section  12 and 13 of the Consumer Protection Act .

Quorum:               Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

For Complainant                     Sh. H.S. Sandhu Advocate.

For Opposite Party                           Exparte.

ORDERS:

Charanjit Singh, President;

1        The complainant Harjinder Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against S.D.O. Punjab State Power Corporation Ltd. Sub Division City Patti, Tehsil Patti, District Tarn Taran (Opposite party) on the allegations of deficiency in service and negligence in service on the part of the opposite party with further prayer to install new meter for the electricity supply of the complainant and not to disconnect the electricity supply of the complainant and opposite party be directed to pay compensation of Rs.20,000/- and Rs. 15,000/- as litigation expenses.

2        The case of the complainant in brief is that he is a Government Employee and for his domestic electricity needs, he had availed on electricity connection having account No.T42CK470778F which is installed at his residential house. The complainant had been paying the bills claimed by the opposite party for the energy consumed by the complainant regularly and as such, no arrears were outstanding against the complainant. The father of the complainant was admitted in the hospital at Amritsar in the months of October/ November 2018 and the complainant was attending his father at Amritsar and when the complainant returned to his house on 01.11.2018, he saw that the electricity supply of his house was not running and as such, he immediately went to the box installed outside his house at a distance of 100 Meters from his house and saw that the electricity meter of the complainant was not there in the box and the complainant immediately approached the opposite party and also approached the Police Station Patti and moved complaints to both these authorities. The opposite party immediately restored the electricity supply of the complainant by sending his officials and the matter was annexed in an FIR No.156/2018 already registered of such likes cases by the police of Police Station Patti City.  After some days of the above said incident, the opposite party started threatening the complainant to disconnect the electricity supply of the complainant, although the complainant had also requested for installing a new meter in place of the stolen one and also the complainant requested for depositing the fee for the new meter but instead of acting on the genuine request of the complainant, the above mentioned threats were given by the opposite party to the complainant. The complainant approached the opposite party several times since then for getting a new meter installed at the house of the complainant but all in vain. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party. Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, self attested copy of electricity bill dated 3.9.2018 Ex. C-2, self attested copy of complaint to SHO City Patti Ex. C-3, Self attested copy of FIR No. 156 Ex. C-4.

3        Notice of this complaint was sent to the opposite party but none has appeared on behalf of opposite party. Consequently, the opposite party was proceeded against exparte vide order dated 28.3.2019 of this Forum.

4        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

5        The complainant has tendered in evidence his affidavit Ex. C-1 and in his affidavit, the complainant pleaded that he is a Government Employee and for his domestic electricity needs, he had availed on electricity connection having account No.T42CK470778F which is installed at his residential house. The complainant had been paying the bills claimed by the opposite party for the energy consumed by the complainant regularly and as such, no arrears were outstanding against the complainant. He further pleaded in his affidavit that the father of the complainant was admitted in the hospital at Amritsar in the months of October/ November 2018 and the complainant was attending his father at Amritsar and when the complainant returned to his house on 01.11.2018, he saw that the electricity supply of his house was not running and as such, he immediately went to the box installed outside his house at a distance of 100 Meters from his house and saw that the electricity meter of the complainant was not there in the box and the complainant immediately approached the opposite party and also approached the Police Station Patti and moved complaints to both these authorities. The application addressed to the SHO Patti is Ex. C-3. He further pleaded in his affidavit that the opposite party immediately restored the electricity supply of the complainant by sending his officials and the matter was annexed in an FIR No.156/2018 already registered of such likes cases by the police of Police Station Patti City and the FIR is Ex. C-4.  He further contended that after some days of the above said incident, the opposite party started threatening the complainant to disconnect the electricity supply of the complainant, although the complainant had also requested for installing a new meter in place of the stolen one and also the complainant requested for depositing the fee for the new meter but instead of acting on the genuine request of the complainant, the above mentioned threats were given by the opposite party to the complainant. The complainant approached the opposite party several times since then for getting a new meter installed at the house of the complainant but all in vain.  The complainant has moved an application dated 1.11.2018 to the opposite party regarding theft of his meter and the application bears the seal of Police Station Patti and in the said application, the complainant has informed SHO Police Station Patti regarding theft of his meter. Later the Police has adhered the complaint of the complainant in FIR No. 156 dated 7.8.2018 under section 379 IPC Police Station Patti and the FIR is Ex. C-4 on the record. The complainant is also ready to deposit the requisite charges for installation of the new meter at the spot.

6        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party but none has appeared on behalf of opposite party  in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against it by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant has informed the SHO Police Station Patti vide application dated 1.11.2018 regarding theft of his meter and also approached the opposite party for installation of new meter and the opposite party did not care to resolve the matter has not only committed deficiency in service, but also indulged in an unfair trade practice.           

7        In light of the above discussion, the complaint succeeds and the same is hereby allowed exparte with costs in favour of the complainant and against the Opposite Party. The opposite party is directed to install new meter at the spot after receiving the requisite charges against proper receipt. The complainant has been harassed by the opposite party. The complainant is also entitled to Rs.5,000/- ( Rs. Five Thousand only) as compensation on account of harassment and mental agony and Rs 3,500/- ( Rs. Three Thousand and Five Hundred only) as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.