The present complaint primarily pertains to a family-dispute continuing between Smt. Jaswinder Kaur, the daughter-in-law complainant and Sh. Sulakhan Singh, the father-in-law ex-parte opposite party no. 3 (the OP3). The complainant’s husband Sh. Balwant Singh (S/o Sh. Sulakhan Singh the OP3) has been on work-visa to Kingdom of Beharain (Middle East). Both of them (C & OP3) claim to have owned the newly constructed house at their village. However, both could not file respective proofs of ownership and/or conclusive possession to the exclusion of the other claimant. The necessity of proof of ownership/possession arose when the complainant applied for permanent domestic electric connection and the OP3 not only objected but filed an application with local PSPCL authorities (the OP2) not to sanction/allow electric connection to the complainant as he (the OP3) has constructed the ‘new-house’ and owns as well as resides in the same. At this the OP2 beheld the release of connection and the complainant feeling aggrieved filed the complaint seeking relief of ‘connection’ along with compensation etc.
2. The complainant has filed her affidavit Ex.CW-1 deposing the contents of the complaint along with security deposit receipts Ex.C1 for temporary connection and Ex.C2 for permanent connection at the newly constructed house. Her Aadhar Card Ex.C3 identifying her as resident of the village (but with no identity of house) Copy of the compromise (undated with no specific settlement) reached between the two claimants/parties (C & OP3) to the dispute Ex.C4 at the Police Station; POA (Ex.C5) favoring the complainant by her husband Balwant Singh; Ex.C6 copy of the UBI Pass Book and the PSPCL Temporary Meter Consumption Receipt Ex.C7 for Rs 1790/- in the N/o the complainant. And, prays for directives to the OP1 & 2 to release the power connection besides to pay her suitable compensation etc. We observe that the complainant has closed her evidence sans any proof of ownership/ possession of the newly constructed house that has been requisite to have a separate/ new permanent power connection at the face of co-owners’/ third-party objections etc.
3. The OPs, in compliance to the Commission’s Summons, appeared through its counsel and filed their written-version, refuting, denying and rebutting therein, all the allegations as contained in the complaint. Firstly, there’s no cause of action ever erupted in the complainant’s favor against the answering parties and further the complainant has not come to the court with clean hands. Further, there’s no deficiency in service on the OPs part as the complainant, at one point of time, had herself requested the OPs not to release the electric connection. Lastly, the OP3 father in law of the complainant has objected, in writing, against release of connection to the complainant as he claims to be the owner in possession.
4. On merits, the OPs have denied and rebutted all the allegations as leveled against them in the complaint. In order to support their pleadings put forth in defense the OPs have produced following documents in their defense: Affidavit Ex.OP1/A deposing the contents of written reply; Request Letter by complainant to behold the connection (Ex.OP2); Letter by the OP2 to complainant to file proof of ownership (Ex.OP3); Objection letters (Ex.OP4 & OP5) by the OP3.
5. We have carefully examined the documents/ evidence produced on record by both the contesting sides along with in order to determine the respective ‘claims’ as put-forth by the present litigants in the light of arguments by the learned counsels. We observe that the complainant has somehow failed to file any proof of ownership/ possession etc of the newly constructed house for which she has applied for electric connection.
6. Finally, in the light of the all above, we find that the present complaint primarily pertains to ‘family dispute’ and the same was hardly a ‘consumer-dispute’ and seeing no merit in the present complaint we order its ‘dismissal’ with however no orders as to its costs.
7. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
8. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (R.S.Sukhija)
MAY 06, 2022. Member.
YP.