| Final Order / Judgement | Complainant Smt.Kanta through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that necessary directions may kindly be issued to the opposite parties to release the electricity connection in shop of the complainant with immediate effect. Opposite parties be further directed to pay Rs.50,000/- as compensation for physical harassment and mental agony suffered by the complainant as well as litigation expenses, all in the interest of justice. The case of the complainant in brief is that she had taken a shop on rent bearing No.6 from Zila Parishad, Gurdaspur for earning her exclusively livelihood and the said shop was duly shown in the site plan which is annexed with this complaint marked as ABCD and the same is located opposite post office, G.T. Road, Gurdaspur. It was pleaded that earlier, the shop in question was jointly taken on rent by the complainant along with one Achhar Mall son of Sh.Sewa Singh who later on left his right over the shop as stated above vide document dated 07.08.2002 and as such complainant is sole tenant of the said shop under the ownership of Zila Parishad, Gurdaspur. It was further pleaded that complainant had applied for getting the new electric connection in the said shop for starting the business of photostat work for earning her exclusive livelihood as she was jobless and having no source of income and in order to sustain her life as well as lives of other family members had applied for getting the new electric connection in the said shop on 13.05.20016. Complainant had deposited the requisite amount-cum-expenses i.e. security fees etc. as per the directions of the opposite parties. It was also stated that at that time opposite parties assured that the electric meter would be installed in the shop in question within the period of 1 month but opposite parties had not released the said electricity connection in the shop in question without any rhyme, which was deficiency on part of the opposite parties. It was next pleaded that complainant number of times requested the opposite parties to release the electricity connection in the said shop but the opposite parties had refused to admit the claim of the complainant and due to this illegal act and conduct of the opposite parties complainant had suffered great mental agony and physical harassment from the hands of the opposite parties, hence this complaint. Notice of the complaint was served upon the opposite parties who appeared through their counsel and filed the written reply by taking the preliminary objections that complainant has no cause of action to file present complaint. That complainant does not fall within the definition of consumer as no connection had been issued in favour of the complainant. That there was no deficiency in services on the part of the opposite parties. It was stated that complainant had applied for the connection in her name and along with the application she had also produced one receipt which was in the name of Achhar Mall and the same was issued by Zila Parishad who was the owner but no receipt or any document had been produced by the complainant from which it shows that the Zila Parishad had given the shop to the complainant and complainant had failed to produce any document and it was not possible to release the connection in the absence of any such document. It was further stated that in the said shop previously the connection was in the name of Secretary Zila Parishad and the amount of Rs.23,000/- was outstanding and it was not possible to release the new connection till the previous amount of Rs.23,000/- will be paid. Even notice dated 08.07.2016 was also issued to the complainant in this regard. That complainant applied the connection for shop which for a commercial purpose and as such the complainant does not fall within the definition of consumer. On merits, it was denied that complainant had taken shop No.6 from Zila Parishad. It was stated that no document had been produced in this regard due to which connection could not be released. Remaining facts had already been discussed in the para no.4 of the preliminary objections. All other averments made in complaint have been specifically denied and lastly prayed for dismissal of the complaint with costs. Complainant had tendered into evidence her own affidavit Ex.C1, affidavit of Prem Chand Ex.C2, affidavit of Gurdial son of Sain Dass Ex.C3, along with documents Ex.C4 to Ex.C7. Sh.Ashwani Tuli Draftsman had also tendered into evidence his own affidavit Ex.C8. Evidence of the complainant was closed by the counsel for the complainant on his behalf. Counsel for the opposite parties had tendered into evidence affidavit of Er.Amardeep Singh Nagra S.D.O. Ex.OP-1 along with documents Ex.OP-2 and Ex.OP-3 and closed the evidence on behalf of opposite parties. We have duly heard the learned counsels for both the sides in the back drop of the legally applicable merit of the supporting evidence/document(s) as produced by the litigating parties along with the incidental scope of adverse inference that may be judicially (though discretionarily & judiciously) drawn on account of some evidentiary documents that have been somehow ignored to be produced, in order to statutorily adjudicate the inter-se dispute (under the C P Act’ 1986) prompting the present complaint. Admittedly, the complainant had applied for the new/fresh Electrical NRS connection at the Zilla Parishad Shop No. 06 (under her valid/legal possession) by depositing the due application fee etc at the instance per rules and acceptance by the opposite party Corporation (Ex.C4). Somehow, as an afterthought the OP service providers started raising arbitrary objections and did not release the supply connection prompting the instant complaint. We find that the complainant has satisfactorily/sufficiently proved her allegations vide the depositions (Affidavits Ex.C1, Ex.C2, Ex.C3 & Ex.C8) and accompanying documents exhibited here as: Ex.C4 to Ex.C7 that somehow also successfully rebut the OP痴 arbitrary presentation. The complainant has clearly deposed of her self-employment to earn her livelihood and that entitles her to file the present complaint under the applicable statute. Further, she has relied upon the Zilla Parishad痴 acknowledgment receipt (Ex.OP2) of the lease-out amount from one Achhar Mal along with the relinquishment letter (Ex.C6) of his lease-hold rights in favor of the complainant entitling her to the legal valid possession of the Shop # 06 as per the Site Map Plan (Ex.C5). Even, the legal heirs of Achhar Mal have duly ratified (Ex.C7) the said relinquishment. And, thus she has been legally entitled to have applied for the fresh/new electricity NRS connection at the proposed site. Finally, the OP Corporation has stated in its defense that an arrears of Rs.23,000/- has been lying due as recoverable balance outstanding against the impugned premises in its books but have failed to produce any of its details and/or any other cogent evidence to prove/support its arbitrary allegations and in its absence the same amounts to bald statements, only. We also find that the opposite party Corporation through its callous acts have indeed bruised/infringed the consumer rights of the present complainant and that rakes them up to an adverse statutory award under the applicable C P Act. In the light of the all above, we partly allow the present complaint and thus ORDER the opposite party corporation to release the applied for fresh NRS electricity connection within 10 working days of the receipt of the copy of these orders favoring the present complainant besides to pay her Rs.5,000/- as cost and compensation within 30 days of the receipt of the copy of these orders otherwise the awarded amount shall attract future interest @ 9% PA from the date of the orders till actual payment.
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) DEC. 20, 2016 Member. *YP* | |
