Complainant Joginder Kaur through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the necessary directions may be issued to the opposite parties to release the electricity tubewell connection in her favour. She has also prayed that the opposite parties be directed to pay Rs.50,000/- as compensation for the mental agony and physical harassment as well as litigation expenses, all in the interest of justice.

2. The case of the complainant in brief is that husband of the complainant namely Balwinder Singh had applied for getting the tubewell connection in his name but unfortunately he had died and after his death the said connection was transferred in the name of the complainant and she had also deposited the amount of Rs.1100/- as security for getting the tubewell connection under general category and she applied for the same vide application No.23188 dated 29.09.1992 to irrigate her land. It was pleaded that opposite parties had issued a memo No.1641 dated 14.11.2011 for issuance of tubewell connection and complainant was asked to complete the required formalities which were completed by her but the opposite parties had failed to install the electricity connection. It was further pleaded that the opposite parties started making lame excuses that her file had been lost and was not traceable. It was also pertinent to mention here that the entire record was in power and possession of the opposite parties but the opposite parties deliberately putting off the matter with one pretext or the other and harassed the complainant by not issuing the electricity connection whereas complainant is ready to deposit the entire expenses which were estimated by the department. It was also pleaded that complainant had been waiting for tubewell connection since the year 1992. Complainant was facing hardship to irrigate her land and she was compelled to install engine set for irrigation purpose. It was next pleaded that persons who had applied for tubewell connection at the same relevant time when complainant had applied, had been issued by the opposite parties but opposite parties have not issued the tubewell connection to the complainant and this illegal act of the opposite parties caused mental as well physical harassment to the complainant, hence this complaint.
3. Notice of the complaint was served upon the opposite parties who appeared through their counsel and filed the written reply by taking the preliminary objection that complaint is not maintainable as turn of the complainant had not come for releasing the connection in the light of instructions issued by the department vide memo No.848/52 dated 11.06.2013. On merits, it was stated that in the light of the instructions and guidelines issued by the department the date of issuing the connection in the name of the complainant after the death of her husband has yet not matured as connection in general category had ordered to be released to the applicants whose applications were submitted on 01.01.1992. It was further stated that date of receiving the application had not matured and as such complainant was not eligible for the same. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with costs.

4.       Complainant has tendered into evidence her own affidavit Ex.C1 alongwith document Ex.C2 and closed her evidence.

5.       Counsel for the opposite parties tendered into evidence affidavit of Sukhdev Raj A.E. Ex.OP-1 alongwith documents Ex.OP-2 and Ex.OP-3 and closed the evidence on behalf of opposite parties.

6.       We have thoroughly examined the available documents/evidence on the records so as to interpret the meaning and purpose of each document and also the scope of adverse inference on account of some documents ignored to be produced by the contesting litigants against the back-drop of the arguments as put forth by the learned counsels of the present contestants. We find that the present dispute has arisen on account of the non-release of ‘Tube-well Connection’ as duly applied by the complainant vide Application # 23188 on 29.09.1992 and even after the completion of requisite formalities as desired vide the OP Memo # 1641 of 14.11.2011. However, the complainant has not produced any evidence of having completed any ‘alleged’ formality other than ‘filing’ of the Application on 29.09.1992. On the other hand, the OP Corporation has duly produced its instruction circular # 848/52 of 11.06.2013 (Ex.OP2) permitting release of Tube-well Connections to the applications received up to 01.01.1992 (as per its affidavit Ex.OP1) and as such the complainant being an applicant of 29.09.1992 in the General Category still awaits ‘release’ on the ‘waiting’ list.

7.       Under the circumstances, we do not find any ‘deficiency in service’ on the part of the OP Service Provider and the complainant shall have to patiently wait for her turn to transpire for release of the applied Tube-well connection. However, the present complainant is fully entitled to ‘transparency’ pertaining to the fate of her application of 29.09.1992 and the OP Corporation shall provide her all ‘permissible’ information as requisitioned by her as per law.

8. In the light of the all above, we are of the considered opinion that this complaint can be best disposed off by giving directions to the parties and hence we direct the OP to furnish all permissible requisite information pertaining to the complainant’s Tube-well Power Connection Application of 29.09.1992 such as: seniority number, expected time of release and others alike; shall be suo-moto provided to her, in writing, at regular intervals of time till the final release. 
9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

                              (Naveen Puri)

                                                                                                     President.                                                                                         

ANNOUNCED:                                                                      (Jagdeep Kaur)

APRIL 06, 2016                                                                               Member.

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