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

Consumer Complaint No  : 62 of 2017

Date of Institution                      :29.08.2017

Date of Decision               : 21.02.2019

Hira Singh son of Ajaib Singh resident of VPO  Kang Tehsil Khadoor Sahib District Tarn Taran.

                                                ...Complainant

Versus

1. Sub Divisional Officer, Punjab State Powers Corporation Limited Sub Division Focal Point Tarn Taran,
2. J.E. Punjab State Powers Corporation Limited (Namely Harjit Singh) Sub Division Focal Point Tarn Taran,
3. Ninder Singh Clerk, Punjab State Power Corporation Limited sub Division Focal Point Tarn Taran,
4. Dilbag Singh Line Man, Punjab State Powers Corporation Limited Focal Point Sub Division Tarn Taran (Area Khadoor Sahib Road)

…Opposite Parties.

Complaint Under Section 11 and 12 of the Consumer Protection Act.

Quorum:               Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

                             Sh. Jatinder Singh Pannu, Member

For Complainant                     In Person.

For Opposite Parties               Sh. K.S. Virk Advocate

ORDERS:

Charanjit Singh, President;

1        The complainant Hira Singh has filed the present complaint under Section 11 and 12 of the Consumer Protection Act (herein after called as 'the Act') against Sub Divisional Officer, Punjab State Powers Corporation Limited Sub Division Focal Point Tarn Taran and others (Opposite Parties) on the allegations of deficiency in service and negligence in service on the part of opposite parties with prayer to direct the opposite parties to install the electricity meter at the premises of the complainant and the complainant prayed Rs. 50,000/- as compensation. 

2        The case of the complainant in brief is that the he is owner of a plot measuring 2 Kanals situated at Kang near Petrol Pump Kang, Tehsil Khadoor Sahib, District Tarn Taran which is surrounded by the boundary wall and also constructed a room over the plot. In order to install a meter of electricity in the above said room, the complainant applied to the PSPCL at Sub Division Focal Point Tarn Taran on dated 7.6.2017 and deposited security of Rs. 2,380/- to the department and also spent Rs. 300/- for receiving the Test Report on dated 16.06.2017. The case of the complainant was marked to the Line Man Dilbag Singh by the Junior Engineer Harjit Singh and said Dilbag Singh line man went to the spot and inspected the plot of the complaint and at that time the line man Dilbag Singh demanded Bribe from the complainant for installing the meter at the said room of the complainant and on refusal of the complainant, the above said Line man give report, “EH METER J.E. DE Kahin TE LAGAYA JA RAHA HAI” thereafter the complainant after taking the above report from the Line man went to the J.E and the J.E. after reading the above report of the Line man that the meter cannot be installed. Thereafter, the complainant approached to the SDO PSPCL Sub Division focal Point Tarn Taran and the SDO also at the instance of the other employee of the PSPCL, refused from installing the electricity meter at the premises of the complainant. The complainant again and again approaching to the Sub Division Focal Point, Tarn Taran of the PSPCL Tarn Taran but the above said opposite parties are not hearing the complainant nor installing the electricity meter at the premises of the complainant and the complainant is being harassed un-necessarily by the Opposite parties.

3        Upon notice the opposite parties appeared through counsel and filed written version taking preliminary objections that the present complaint is not maintainable in this Forum as respondents have established Consumer Dispute Redressal Committees at Circle level and Zonal to resolve the disputes of consumers as such consumer should appear before these committees to resolve the any problem regarding electricity functions. The applicant has no locus standi to file the present case as applicant deposited security.  He has not signed any agreement with respondents as such he is not consumer of the PSPCL. Hence there is no deficiency in service on the part of the opposite party. This forum has no jurisdiction to try and entertain the present case. The complaint is pre mature. No cause of action accrued to complainant.  On Merits, no room was constructed when the line man of PSPCL visited the spot to install electric meter. Hence at first instance complainant failed to fulfill the conditions of PSPCL. Only security was deposited that PSPCL has not sent any demand notice. No test report was submitted. The line man of PSPCL namely Dilbag Singh has visited the spot only on the advise of J.E and he submitted the report before J.E that there is no room on the spot. No bribe was demanded. The complainant never visited the office of SDO PSPCL Tarn Taran. There is no written documents with complainant to prove that complainant has visited the office of PSPCL Tarn Taran. Complainant approached consumer Forum directly otherwise problem might be solved in the office of S.D.O/ PSPCL or XEN PSPCL Tarn Taran. The opposite party has denied the other contents of the complaint and prayed for dismissal of the complaint.

4        In order to prove his case, the complainant has tendered in evidence his affidavit Ex. C-1, affidavit of Hardev Singh son of Harjit Singh resident of village Harike Tehsil Patti Ex. C-2 alognwith documents Ex. C-3 to Ex. C-5 and closed the evidence.  To rebut the evidence of the complainant. ld. counsel for the opposite parties tendered in evidence affidavit of Harjit Singh J.E. Ex. OP/1, affidavit of Dilbag Singh so of Mohinder Singh Ex. OPs/2 and document Ex. OPs/3 and closed the evidence.

6        We have heard the complainant and Ld. Counsel for the opposite parties and have gone through the evidence and documents placed on the file by the parties.

7        The complainant contended that he is owner of a plot measuring 2 Kanals situated at Kang near Petrol Pump Kang, Tehsil Khadoor Sahib, District Tarn Taran which is surrounded by the boundary wall and also constructed a room over the plot. He further contended that in order to install a meter of electricity in the above said room, the complainant applied to the PSPCL at Sub Division Focal Point Tarn Taran on dated 7.6.2017 and deposited security of Rs. 2,380/- to the department vide Ex. C-4 and also spent Rs. 300/- vide receipt Ex. C-5 for receiving the Test Report on dated 16.06.2017. He further contended that the case of the complainant was marked to the Line Man Dilbag Singh by the Junior Engineer Harjit Singh and said Dilbag Singh line man went to the spot and inspected the plot of the complaint. The complainant further contended that he has to make construction in his plot for which he requires electricity. But the opposite party did not issue the electricity connection to the complainant. During the course of arguments, the complainant requested that a temporary connection be issued to the complainant for the construction in his plot. On the other hands, the opposite party has admitted that the complainant has deposited the security with the opposite party. Ld. counsel for the opposite party further contended that there is no written documents with the complainant to prove that complainant has visited the office of PSPCL. But the complainant has placed on record receipt Ex. C-4 and another receipt Ex. C-5 which shows that the complainant has approached the opposite party and the complainant has also placed on record one affidavit of Hardev Singh so of Surjit Singh resident of village Harike, Tehsil Patti, District Tarn Taran Ex. C-2 in which he solemnly affirmed and declared that  Hira Singh has constructed pacca boundary walls around his property and he has applied for getting the electric connection in the same and the complainant has deposited the security for installation of the electric connection but the opposite party has not released the electric connection to the complainant.  The opposite parties have tendered in evidence affidavit of Harjit Singh son of Joginder Singh JE PSPCL Ex. OPs/1 in which in Para No. 3 of the complaint it is declared that construction of the building can be made with the temporary connection. 

8        From the above said discussion, it transpired that the complainant want to install the meter for construction for which he applied to the opposite parties. The opposite parties in affidavit Ex. OPs/1 have also pleaded that temporary connection can be given for construction of building work.

9        In view of above said discussion, the present complaint is partly allowed the opposite party No. 1 is directed to issue temporary connection to the complainant for making the construction of his building after receiving the requisite charges from the complainant against proper receipt. Complainant is also entitled to Rs.3,000/- ( Rs. Three Thousand only) as compensation on account of harassment and mental agony. Opposite party No. 1 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.