Complaint No: 230 of 2019.
Date of Institution: 12.07.2019.
Date of order: 22.08.2023.
Ramesh Kumar Sharma S/o Bua Dass R/o Nangal Kotli Mandi, Gurdaspur, Tehsil and District Gurdaspur.
.....Complainant.
Versus
- Punjab State Power Corporation Limited, The Mall Patiala through its Chairman.
- Punjab State Power Corporation Limited, Circle Gurdaspur, through its Superintending Engineer.
- Punjab State Power Corporation Limited, Sub Urban Sub-Division Gurdaspur, through its Sub Divisional Officer.
....Opposite parties.
Complaint U/s12 of the Consumer Protection Act.
Present: For the complainant: Sh.B.S.Thakur, Advocate.
For the opposite parties: Sh.Sandeep Ohri, Advocate.
Quorum: Sh.Lalit Mohan Dogra President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
1. Ramesh Kumar Sharma, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act, (here-in-after referred to as 'Act') against the PSPCL (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that he is owner of two houses in the vicinity of city Gurdaspur and usually he is residing in the house located at BSF Road, Gurdaspur. It is alleged that earlier there was electric connection in the house situated at Nangal Kotli, Mandi Gurdaspur in the name of Bua Dass i.e. father of the complainant, which was installed by the opposite parties Bearing A/c No. 3000191034 with sanctioned load of 5.700 KW and he being a sincere consumer used to pay the bills sent by the opposite parties regularly without any delay and the electricity meter is installed outside the premises and away from the house of the complainant. It is further alleged that from the month of October 2018, he did not received the bill of above said electricity connection. But being a sincere consumer he had approached the office of the opposite party no.3 for getting the bill of his electricity consumptions and they on the request of him then issued a bill dated 03.12.2018 to him amounting to Rs.10,780/- and the same was dully paid by him on 05.12.2018 in the office of the opposite party no.3. It is further alleged that the electricity connection was in the name of the father of the complainant, so he requested the opposite parties to transfer the connection in his name as he is the consuming the electricity and is paying the electricity bills. On which the opposite parties advised to him to disconnect the connection in the name of the father of the complainant and to apply a fresh one in his own name and he moved an application for grant of new connection on dated 02.01.2019 to the opposite party no.3. It is further alleged that on the application of the complainant, the opposite party had issued a Demand Note for New Domestic Connection in the name of the complainant and demanded the amount of Rs.2360/- on account of Processing Fee, Initial Security Deposit, Service Connection Charges and Meter Security Charged vide Demand Note No. 2459806dated 02.01.2019 and issued one Contract Account No. 3005104085. It is further alleged that after receiving the Demand Note for New Connection by the opposite parties, the complainant in compliance of the same had deposited the amount of Rs.2360/- in the office of opposite party no.3 on dated 03.01.2019 against which a Receipt No. 210800139127 was issued in favor of the complainant and opposite parties demanded the time of one month from him for their process and for installing the meter at the site. It is further alleged that after the expiry of one month, when the opposite party did not installed the meter in the house of the complainant, then he again visited the office of the opposite parties, but they kept the matter lingered on by saying that the new electricity meters are not available yet and asked to him to wait for some time and they will install the new connection but they did not install the electricity connection in the premises of the complainant. It is further alleged that he approached the officials of the opposite parties again and again and requested them to install the electricity connection as the payment has already been made by him but the officials of the opposite parties showed reluctance/ high headedness attitude and they did not give any heed towards the genuine request by him. Due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental and physical harassment and inconvenience. So, there is a clear cut deficiency on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency in service and unfair trade practice on the part of the opposite parties and prayed that the opposite parties may kindly be directed to install the electricity connection as soon as possible and the complainant may be awarded the amount of Rs.1,00,000/- for the physical harassment and mental agony at the hands of the opposite parties and Rs.20,000/- as a cost of litigation in the interest of justice.
3. Upon notice, opposite parties appeared through counsel and filed their written reply by taking the preliminary objections that the complaint of the complainant is not maintainable, that this Learned Commission has no jurisdiction to try, entertain the present complaint. It is pleaded that the matter of the fact is that the amount has been demanded for theft. The Previous meter of the complainant was in the name of his father namely Bua Dass and the complainant was using the said meter after the death of his father. It is further pleaded that the meter has been removed, as the complainant failed to make the payment of the bills. The said meter has been removed vide Challan No.51 by JE and it has been duly packed and the said meter has been sent to ME Lab for checking and during checking it was found that both the seals were tempered and ultrasonic welding found broken. It is further pleaded that the two wires going from CT to Circuit plate was got shot. So it is a case of theft and the notice dated 16.01.2019 having No.4325 has been duly sent of Rs.72,473/- but has not been paid. It is further pleaded that the complainant afterwards applied for new meter but he has not made the payment of the said amount which was pending in the previous meter. The notice having memo no.4326 dated 16.01.2019 has been duly sent in this regard.
On merits, the opposite parties have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.
4. Learned counsel for the complainant has tendered into evidence affidavit of Ramesh Kumar Sharma,(Complainant) as Ex.CW-1 along with other documents as Ex.C-2 to Ex.C-7.
5. Learned counsel for the opposite parties tendered into evidence affidavit of Dilbag Singh, Ex.OP-1,2,3/1/A along with other documents as Ex.OP-1,2,3/1 to Ex.OP-1,2,3/10.
6. Rejoinder filed by the complainant.
7. Written arguments filed by the complainant but not filed by the opposite parties.
8. Counsel for the complainant has argued that the electricity connection of the complainant was disconnected by the opposite parties without any sufficient cause and is liable to be restored and further during the course of arguments it is admitted by the counsel for the complainant that in the present case electricity connection was installed in the name of Bua Dass who is the father of the complainant and later on FIR was also registered regarding theft of electricity and since in the said FIR complainant has deposited the amount and offence has been compounded as per order Ex.C-6, as such opposite parties be directed to install the electricity connection of the complainant.
9. On the other hand counsel for the opposite parties has also not denied the compounding of offence as per Ex.C-6.
10. As per written reply of the opposite parties the said electric connection of the complainant was not released as the amount pertaining to theft of electricity related to the same premises was not deposited by the complainant. Now the amount stand deposited on 13.05.2023 and the issue of the theft of electricity has already been resolved. So, it was the duty of the opposite parties to release the said connection to the complainant but surprisingly no efforts have been made by the opposite parties to release the connection even after period of more than three months.
11. As such present complaint is disposed off with the following direction;-
i) Opposite parties are directed to install the electricity connection in the premises of the complainant after getting necessary balance formalities completed if any on old security fee already deposited by the complainant within 30 days from the date of receipt of copy of this order.
12. 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.
13. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Lalit Mohan Dogra)
President
Announced: (B.S.Matharu)
Aug. 22, 2023 Member
*YP*
