Before the District Consumer Disputes Redressal Commission, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 65 of 2019
Date of Institution : 20.08.2019
Date of Decision : 15.07..2021
Paramjit Singh aged 33 years son of Mohan Singh, resident of Ward No. 18 Patti, Tehsil Patti, District Tarn Taran.
......Complainant
Versus
- Punjab State Powers Corporation Ltd. Patiala through its authorized signatory/ managing director,
- X.E.N. Punjab State Powers Corporation Ltd. Patti Tehsil Patti, District Tarn Taran,
- S.D.O Punjab State Powers corporation Ltd. Patti, Tehsil Patti, District Tarn Taran
- Gurdit Singh employee of Punjab State power Corporation Limited Patti, Tehsil Patti, District Tarn Taran.
.....Opposite Parties.
Complaint Under Section 12 and 13 of the Consumer Protection Act, 1986.
Quorum: Sh. Charanjit Singh, President
Sh. Jatinder Singh Pannu, Member
For Complainant Sh. P.S. Walia Advocate
For Opposite Party Nos. 1 to 3 Sh. A.K.Sharma Advocate
For Opposite Party No. 4 Exparte.
ORDERS:
Charanjit Singh, President;
1 The complainant Paramjit Singh has filed the present complaint by invoking the provisions of Section 12 and 13 of the Consumer Protection Act against the opposite parties on the allegations that he is constructing one house at Garden Colony Patti, Tehsil Patti, District Tarn Taran. Earlier, the opposite parties No.1 to 3 made fine of Rs. 29,391/- to the complainant due to electricity theft. After that the complainant had stopped his construction work and the complainant has paid above said fine amount of Rs. 29,391/- to the opposite parties department on dated 28.6.2019 through receipt No. 267, book No. E. Later on the complainant has moved an application to the opposite parties department for installing the electricity meter in his house, then the opposite party No. 4 Gurdit Singh visited at the spot and he saw that construction work of the complainant was stopped and he gave report to the department of the same. Later on, the complainant had deposited security amount of Rs. 1,470/- to the opposite parties department on dated 12.7.2019 for installing his electricity meter. After depositing the said security amount, the complainant various times approached to the opposite parties No. 2 to 4 and requested them to install the electricity meter in his house, rather his construction work was stopped due to non-supply of electricity but the opposite parties department lingered on the matter under one and another pretext. The opposite party No. 4 was demanding of Rs. 10,000/- from the complainant for installation of the electricity meter, then the complainant has refused the same then the opposite party No. 4 threatened to the complainant that he will not install the electricity meter in the house of the complainant in any way. Due to this illegal act of the opposite parties, the construction work of the complainant is stopped. The complainant has approached many a times to the opposite parties for installing the electricity meter in his house but the opposite parties did not install the electricity meter in the house of the complainant. The complainant has prayed that the opposite parties may be directed to install the electricity meter in the house of the complainant and the opposite parties be also directed to pay compensation amount of Rs.50,000/- to the complainant for unnecessary harassment, mental agony and pain etc. alongwith litigation expenses. Alongwith the complaint the complainant has placed on record his self attested copy of Adhar Card Ex. C-1, self attested copy of receipt dated 28.6.2019 Ex. C-2, Self attested copy of receipt dated 12.7.2019 Ex. C-3, affidavit of complainant Ex. C-4.
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 the complainant has not approached this Commission with clean hands and has concealed the material facts from this Commission. The complainant was found stealing energy second time and penalty of Rs. 53,626/- was imposed upon him vide notice cum bill dated 9.8.2019. The complainant cannot get benefit of his own wrong. There is no deficiency in services on the part of the opposite parties No. 1 to 3. This commission has got no jurisdiction to try and entertain the present complaint. On merits, it was pleaded that the complainant was found stealing energy and he was fined and the complainant has deposited Rs. 29,391/- to the opposite parties. The application of the complainant is pre matured and the complainant has applied for meter in the month of July 2019 and still meters which were applied in the year 2018 are being installed by the opposite parties Nos. 1 to 3. There is no deficiency in service on the part of the opposite parties. the complainant never approached the opposite parties as alleged in the complaint. The complainant has got no cause of action against the opposite parties. This Commission has got no jurisdiction to try and entertain the present complaint. The opposite parties never harassed the complainant up till today. The opposite parties No. 1 to 3 have denied the other contents of the complaint and prayed for dismissal of the complaint. Alongwith the written version, the opposite parties Nos. 1 to 3 have placed on record affidavit of SDO Ex. OPs 1 to 3/1, Copy of letter to Police officer Anti Power Theft Police Station Verka by Sub Divisional Officer, PSPCL City Patti Ex. OPs 1 to 3/ 2, Self attested copy of of checking report Ex. O Ps 1 to 3/3.
3 Notice issued to the opposite party No. 4 and Sh. Jagmeet Singh Bhullar Advocate appeared on behalf of opposite party No. 4 and later on none has appeared on behalf of opposite party No. 4, therefore, opposite party No. 4 was proceeded against Ex-parte vide order dated 15.10.2019 by this Commission.
4 The complainant has filed rejoinder to the written version filed by the opposite parties No. 1 to 3 and reiterated the stand as taken in the complaint.
5 We have heard the Ld. counsel for the parties and have carefully gone through the record.
6 Ld. counsel for the complainant contended that he is constructing one house at Garden Colony Patti, Tehsil Patti, District Tarn Taran. Earlier, the opposite parties No.1 to 3 made fine of Rs. 29,391/- to the complainant and the same has been deposited by the complainant with the opposite party vide receipt Ex. C-2. Ld. counsel for the complainant contended that the complainant has deposited the security for installation of new meter vide receipt Ex. C-3 and the Ld. counsel for the complainant has prayed that the opposite party be directed to install new connection in the house of complainant. On the other hands, Ld. counsel for the opposite parties No. 1 to 3 contended that complainant has not approached this Commission with clean hands and has concealed the material facts from this Commission. The complainant was found stealing energy second time and penalty of Rs. 53,626/- was imposed upon him vide notice cum bill dated 9.8.2019. The complainant cannot get benefit of his own wrong. There is no deficiency in services on the part of the opposite parties No. 1 to 3. This commission has got no jurisdiction to try and entertain the present complaint. The application of the complainant is pre-matured and the complainant has applied for meter in the month of July 2019 and still meters which were applied in the year 2018 are being installed by the opposite parties Nos. 1 to 3. There is no deficiency in service on the part of the opposite parties. In support of allegations of theft the opposite parties No. 1 to 3 have placed on record copy of letter to Police officer Anti Power Theft Police Station Verka by Sub Divisional Officer, PSPCL City Patti Ex. OPs 1 to 3/ 2, Self attested copy of of checking report Ex. O Ps 1 to 3/3. But the perusal of Ex. OP-2 i.e. bill cum show cause notice reveals that the same is sent by the opposite parties No. 1 to 3 to some other person Randhir Singh son of Arjun Singh Garden Colony Patti, District Tarn Taran. Similarly Ex. OP-3 i.e. checking report is of same person i.e. Randhir Singh son of Arjun Singh resident of Garden Colony Patti, District Tarn Taran. It clearly shows that the Ex. OP-2 and OP-3 have been issued to some person namely Randhir Singh and not to the complainant. The opposite party Nos. 1 to 3 have also failed to prove on record the relation of said Randhir Singh with the complainant. As such, the plea of the opposite parties No. 1 to 3 regarding theft of electricity is not tenable. The opposite parties No. 1 to 3 can pursue regarding the theft of electricity against said Randhir Singh.
7 Now the next point is that the complainant is entitled to the electricity connection or not. The complainant has deposited the amount with the opposite parties No. 1 to 3 vide receipt Ex. C-3 and the opposite parties No. 1 to 3 in the reply also pleaded that the application of the complainant is pre-matured and the complainant has applied for meter in the month of July 2019 and still meters which were applied in the year 2018 are being installed by the opposite parties Nos. 1 to 3. It is admitted by the opposite parties No. 1 to 3 that the complainant has applied for new meter in the year 2019. The electricity is main necessity of life and the complainant is entitled to the electricity connection. However, the complainant is to full fill all the requirement of the opposite parties No. 1 to 3 for installation of the new meter.
8 In view of above discussion, the present complaint is partly allowed and the opposite parties No. 1 to 3 are directed to issue D.S connection to the complainant immediately after fulfilling all the formalities of the opposite parties No. 1 to 3 by the complainant. 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 Parties No. 1 to 3 are 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.
Announced in Open Commission.
15.7.2021
