PER

Charanjit Singh, President;

1        The complainant Sukhdev Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act against the opposite party on the allegations that the complainant is having one plot at Master colony, Gali No. 8 Tarn Taran and the same was constructed by him on his plot and he had got issued electricity connection having connection No. 1411-LN from the opposite party for his domestic electricity requirements.  The complainant sold the ground floor to one Waryam Singh son of Swaran Singh vide sale deed dated 15.7.2010 and also mentioned in the recital of the sale deed that the electricity supply will be given to the vendee from the supply of the complainant. The complainant could not pay some bills of the electricity connection and above mentioned vendee in-connivance with the opposite party had disconnected the electricity supply of the complainant without giving any notice to him as the vendee is a police official with the police station of the opposite party and the vendee used influence in order to get a new electricity connection installed in the building and had got disconnected the electricity supply of the complainant.  The vendee Waryam Singh is having some dispute regarding the property with the complainant and as such, he in that grudge had got the electricity supply of the complainant disconnected from the opposite party. The complainant approached the opposite party and requested that he is ready to pay the arrears of the bills in installments and also requested for restoring the electricity supply of the complainant and also to disconnect the connection issued to Waryam Singh but the opposite party delayed the matter on one pretext or the other. The complainant has prayed that the opposite party may be directed to restore the electricity supply of the complainant and the complainant has also prayed Rs. 20,000/- as compensation and Rs. 10,000/- as litigation expenses.  Alongwith the present complaint, the complainant has placed on record documents i.e. affidavit of complainant Ex. C-1, self attested copy of the complaint dated 11.4.2019 Ex. C-2, self attested copy of the sale deed Ex. C-3.

2        After formal admission of the complaint, notice was issued to Opposite Party and opposite party appeared through counsel and filed written version contesting the complaint by taking preliminary objections that the complaint is not maintainable as opposite party has established consumer dispute redressal committee at Circle Level. The consumer should appear before this committee to resolve his dispute. The complaint of consumer has become infructuous as opposite party has installed the mater in his premises. This commission has got no jurisdiction to try and entertain the present complaint. The complainant has not come to this commission with clean hands, he concealed material facts from this commission as complainant sold his house to other person through registered sale deed. The complainant is estopped by his act and conduct from filing the present complaint. On merits, it was pleaded that the complainant was defaulter of PSPCL i.e. why his electric meter was disconnected. The opposite party was never at fault and the opposite party obeyed rules and regulations of PSPCL. A defaulter person cannot challenge the validity of law. He did not pay electricity bills regularly and was defaulter of Rs. 20,787/- to the office of the opposite party and faulty person is not entitled to claim compensation and litigation expenses.  The party has denied the other contents of the complaint and prayed for dismissal of the complaint.

3        The complainant has filed rejoinder to the written version filed by the opposite party and reiterated the stand as taken in the complaint.

4        Ld. counsel for the complainant contended that the complainant had got issued electricity connection having connection No. 1411-LN from the opposite party for his domestic electricity requirements.  The complainant sold the ground floor to one Waryam Singh son of Swaran Singh vide sale deed dated 15.7.2010 and also mentioned in the recital of the sale deed that the electricity supply will be given to the vendee from the supply of the complainant. The complainant could not pay some bills of the electricity connection and above mentioned vendee in-connivance with the opposite party had disconnected the electricity supply of the complainant without giving any notice to him as the vendee is a police official with the police station of the opposite party and the vendee used influence in order to get a new electricity connection installed in the building and had got disconnected the electricity supply of the complainant.  He further contended that the vendee Waryam Singh is having some dispute regarding the property with the complainant and as such, he in that grudge had got the electricity supply of the complainant disconnected from the opposite party.  The complainant approached the opposite party and requested that he is ready to pay the arrears of the bills in installments and also requested for restoring the electricity supply of the complainant and also to disconnect the connection issued to Waryam Singh but the opposite party delayed the matter on one pretext or the other and prayed that the present complaint may be allowed.

5        Ld. counsel for the opposite party contended that the complaint is not maintainable as opposite party has established consumer dispute redressal committee at Circle Level. The consumer should appear before this committee to resolve his dispute. The complaint of consumer has become infructuous as opposite party has installed the mater in his premises. This commission has got no jurisdiction to try and entertain the present complaint. He further contended that the complainant has not come to this commission with clean hands, he concealed material facts from this commission as complainant sold his house to other person through registered sale deed. The complainant is estopped by his act and conduct from filing the present complaint. The complainant was defaulter of PSPCL i.e. why his electric meter was disconnected. The opposite party was never at fault and the opposite party obeyed rules and regulations of PSPCL. A defaulter person cannot challenge the validity of law. He did not pay electricity bills regularly and was defaulter of Rs. 20,787/- to the office of the opposite party and faulty person is not entitled to claim compensation and litigation expenses and prayed for dismissal of the complaint.

6        The opposite party has taken the stand that the complainant is defaulter of the opposite party of Rs. 20,787/- due to this reason the opposite party has disconnected the electricity supply of the complainant. The complainant in his complaint has alleged that he is ready to pay the arrears of the bills. The prayer of the complainant is that the opposite party be directed to restore the electricity supply of the complainant. In the written version, the opposite party has stated that the present complaint has become infructuous as opposite party has installed meter in his premises. The opposite party has also placed on record affidavit of Aman Kumar Son of Chander Parkash Sub Divisional Officer and he declared that we have already installed electricity meter  in the house of complainant i.e. in the name of complainant namely Sukhdev Singh. The opposite party has already installed/restored the meter in the house of the complainant in his name as such, the relief claimed by the complainant has already given by the opposite party.  

7        In view of above discussion, the present complaint is partly allowed and the electricity meter has already been installed/ restored by the opposite party during the pendency of the present complaint. The amount if any deposited by the complainant either to adjust in the next bills or to return to him. The opposite party is at liberty to recover the due amount from the complainant in easy installments. 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 Rs. 3,500/- (Rs. Three Thousand and Five Hundred only) as litigation expenses. Opposite Parties 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.  This complaint could not be decided within prescribed period due to heavy pendency of cases in this commission and COVID-19. Copy of order be supplied to the parties as per rules. File be consigned to record room.

Announced in Open Commission.

10.02.2022