Complainant Palwinder Pal Singh has filed the instant complaint u/s 12 of the Consumer Protection Act against the opposite parties and praying that opposite parties may kindly be directed to release the tubwell connection to him and opposite parties be directed to pay damage and compensation to him for delay in installation of tubwell connection and death of fishes in fish pond with costs by allowing this complaint, in the interest of justice.

2.       The case of the complainant in brief is that he has taken land measuring 5 Acres from Gram Panchyat Dala, Tehsil and Distt. Gurdaspur on lease for the period of ten years from 23.06.2015 and Gram Panchayat Dalla also executed a lease deed in his favour. It was pleaded that a fish pond was constructed by him on the said land and spend an amount of Rs.3,00,000/- for the same and also started fish farming after completed all the formalities of Fishery Department and by purchasing the seed from the department and put the same in the fish pond. It was further pleaded by the complainant that on 09.01.2017 he applied for new tubewell connection with the opposite parties and deposited an amount of Rs.9240/- and completed all the formalities of the opposite parties and opposite parties also issued a demand notice for the installation of tubewell connection and installed poles and transformer by completing the process of release of tubwell connection but they did not release the tubwell connection illegally in connivance with the persons of opposite party. It was also pleaded that he has approached the opposite parties many times and requested them to release the said tubwell connection in his favour but they refused to release the same and this act of the opposite parties was illegal, null & void. It was next pleaded that by this illegal act opposite parties caused him the loss to the tune of Rs.3,00,000/- as fishes in the fish pond were dying without sufficient water in the pond. It was requested to the opposite parties for the release of tubewell connection and for Rs.2,00,000/- as compensation but they refused to admit the claim, hence this complaint.

3.       Opposite parties No.1 to 3 appeared through their counsel after the service of the notice and filed their written reply by taking the preliminary objections that complaint is not maintainable in the present form; that complainant had not approached the Ld. Forum/Commission with neat and cleans hands and had concealed and suppressed true facts and had filed false, frivolous, baseless, bogus and vexatious complaint on the baseless grounds as prior to the present complaint, complainant had already approached the opposite parties on 05.07.2017 with the request that he does not want to apply connection and as such his security etc. be refunded back to him but thereafter he approached the court and seeking connection by alleging that opposite parties are not granting connection whereas he himself not clear whether he wants the connection or not and that the act and conduct of the officials of the opposite parties are protected under the provisions of The Indian Electricity Act. On merits, it was stated that on 20.12.2016 complainant submitted A&A (Application Cum Agreement) alongwith documents, affidavit and indemnity bond etc. and deposited initial fee of Rs.9240/- for SP category connection on 09.01.2017 for fish farming for 5BHP motor and on his request estimate and plan etc. was prepared by the opposite parties vide Estimate No.631183 dated 16/17 for Rs.1,32,690/- by giving the details of the expenses for errection of transmission line poles etc. for grating connection to the complainant which was duly approved and sanctioned by the competent authority i.e. Adll. SE of PSPCL Division Gurdaspur and thereafter a demand notice was also served upon the complainant vide notice No.369 dated 30.03.2017 to deposit Rs.39,455/- with test report which was deposited by him on 22.05.2017 and as such special line was erected poles and transmission lines were erected at site and transformer was also placed on 14.06.2017 by completing the work at site and thereafter concerned J.E. twicely had gone at the spot on 16.06.2017 and again on 18.06.2017 to release the connection to the complainant but at site a dispute was arose as Sarpanch of village informed that property belongs to the Gam Panchyat Dalla and Palwinder Pal Singh complainant had got nothing to do with same and opposed for the release of connection in the property of  Gram Panchayat and due to this disputed connection could be released to the complainant. It was further stated that on 05.07.2017 complainant himself made written request that he does not need the connection applied and also requested for refund back of the security etc. but now there is no question of any refund as per provisions and law as opposite parties had already spent huge amount of Rs.1,32,690/- by erected the transmission line, poles and transformer etc. It was also stated that on 05.07.2017 a written request was given by Sarpanch of Gram Panchayat Village Dalla that not to release the connection in the Gram Panchayat land and due to this opposite party was unable to release the connection. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with costs.

4.       Opposite party no.4 also appeared through their counsel after the service of notice and filed their written reply by taking the preliminary objection that the present complaint is not maintainable as complaint has concealed the true facts from this Hon'ble Forum/Commission thus he is  not entitled for any relief. On merits, it was stated that complainant is habitual defaulter and had not paid the lease amount to the opposite party continuously for two years and violated the terms and conditions of the lease deed and is having illegal possession of the land of the opposite party and as such he is not entitled to get the electric connection in the lease land measuring 5 acre. It was further stated that complainant willfully and intentionally failed to pay the lease amount as per the terms of the agreement for which he was bound to pay yearly and as such he is not lessee of the Gram Panchayat and opposite party i.e. Gram Panchayat is the owner of the lease land and no electric connection can be released in the name of the complainant without the consent of the opposite party. Moreover, as per the Punjab Govt. Notification No.34/13/2007, Ft-V/6133 dated 25.06.2007 no electricity connection can be issued to any person in Keshopur Community Reserve Area as the land of the opposite party falls within this area. It was also stated that the opposite party leased out land marked A.B.C.D. shown in the site plan in green colour to the complainant but he tried to get the electric tubewell connection in the land marked E.F.G.H. shown in red colour in the site plan in connivance with officials of the opposite parties No.1 to 3 and one Surjit Singh who is his close relative forcibly, illegally and without the consent of the opposite party. It was next stated that the land marked E.F.G.H. was leased out to Surjit Singh by the opposite party i.e. Gram Panchayat but he was also defaulter of the opposite party since long time as he failed to pay the installments of lease amount qua land measuring 10 Acre intentionally and deliberately and thereafter opposite party i.e. Gram Panchayat approached to opposite parties No.1 to 3 and complainant admitted his guilt and gave a writing to the PSPCL that they will not issue electric connection in the above said land shown by letters E.F.G.H. in the site plan. It was stated that complainant wrongly applied for new tubewell connection with the opposite parties No.1 to 3 in the land which was not leased out to him by the opposite party and tried to mislead the opposite parties No.1 to 3. All other averments made in complaint have been denied and lastly stated that the complaint is without any cause of action and without any merits in the interest of justice.  

5.       In order to prove his case, the complainant had tendered into evidence his duly sworn affidavit, copy of proceeding book of Panchayat, copies of receipts, copy of lease deed, copy of receipt of payment of lease money and copy of training certificate of fish farming Ex.C1 to Ex.C7 and closed his evidence.

6.       Counsel for the opposite parties No.1 to 3 had tendered into evidence affidavit of Er.Pritpal Singh S.D.O. alongwith copies of documents Ex.OP-1 to Ex.OP-12 and closed the evidence on the behalf of opposite parties no.1 to 3.        

7.       Counsel for the opposite party No.4 had also tendered into evidence original site plan Ex.OP-4/1 and closed the evidence on behalf of opposite party No.4.

8.       Written arguments not filed by the parties.

9.       We have carefully examined all the documents/evidence produced on record for its contained statutory merit and have also judiciously considered and perused the arguments duly put forth by the learned counsels for the parties.

10.     As detailed above the present complaint was filed by the complainant to get his tubewell connection released from opposite party No.3 for fish pond constructed on land of Gram Panchayat Village Dalla, taken on lease. It was alleged by the complainant that as per Ex.C3 he has applied for tubewell connection and deposited the initial amount of Rs.9240/- for fish pond constructed on the land of Gram Panchayat Village Dalla taken on lease as per Ex.C2 to Ex.C5. It was further pleaded that he has made compliance of the demand notice issued by the opposite parties by completing all the requisite formalities and also deposited the required amount but his connection has not been released by opposite parties inspite of errection of electric line etc.

11.     Opposite parties in their written reply admitted the fact that the complainant has applied for SP Category connection 09.01.2017 for fish pond and electric line for release of the connection was also erected after compliance of the demand notice by the complainant but Sarpanch of Gram Panchayat Village Dalla has submitted the application dated 05.07.2017, placed on record by the opposite parties as Ex.C12 asking them to stop the release of said connection and further not to release the said tubewell connection without the consent of the Gram Panchayat. It was also pointed out in the application as Ex.C12 submitted by Sarpanch Gram Panchayat that the complainant was trying to get the tubewell connection on the land which has never been allotted to him on lease, whereas it was another land which was allotted to him on lease. It was further pleaded by the opposite parties that the complainant had himself made a request on 05.07.2017 that he do not need this connection, copy of the same is placed on record as Ex.OP-10.

12.     From the above facts of the case it is seen that it is an admitted fact by both the parties that a tubwell connection was applied by the complainant and thereafter demand notice was issued by opposite parties, which duly complied with by the complainant and opposite parties also erected the electric lines to release the connection. But the surprising facts of the case are that the complainant suppressed the facts on the development of the case as disclosed by opposite parties No.1 to 3 and 4 in their written reply and evidences submitted as Ex.OP-10 and Ex.OP-12. As per Ex.OP-10 the complainant himself gave in writing on 05.07.2017 to opposite party No.3 that he do not want to get this connection released and as per Ex.OP-12 Sarpanch Gram Panchayat Village Dalls has also submitted an application on 05.07.2017 to opposite party No.3 to stop the release of said connection and further not to release the tubewell connection to the complainant without their consent. It has also been pointed out by opposite party No.4 that the complainant was trying to get this electric tubewell connection released on the land which has never been leased out to him but it was another land which was allotted to the complainant

          It is pertinent to mention that these both evidences at Ex.OP-10 and Ex.OP-12 which are submitted by the complainant and the Sarpanch of Gram Panchayat Village Dalla to the opposite party No.1 are dated 05.07.2017 whereas the complainant filed the present complaint afterwards on 18.08.2018 thereby suppressing the matrial facts of the case.  

13.     In view of the above we are of the considered view that there is no consent of Gram Panchayat for release of connection from whom complainant has taken land on lease and further more complainant himself was not interested to get the said tubewell connection issued. As such we find no merit in the present complaint and the same is hereby dismissed with no order as to costs.

14.     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.

15.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                           

                               (Lalit Mohan Dogra)

                                                                        President  

Announced:                                          (B.S.Matharu)

Aug. 01, 2023                                               Member

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