Complainant Rashpal Singh has filed the instant complaint u/s 12 of the Consumer Protection Act against the opposite parties and seeks necessary directions against the opposite parties for releasing of tubewell connection and for paying damage and compensation for delay in installation of tubewell connection to him with costs, in the interest of justice. 

2.       The case of the complainant in brief is that he is the owner of land measuring 3 acres situated in the revenue estate of village Hardowal, Tehsil Dera Baba Nanak, District Gurddaspur. It was pleaded that new tubewell connection was applied by the complainant in the above said land for irrigation purpose on 21.07.2008 vide application No.35737 for 5 Hours Power and all formalities were completed by him and on the issuance of demand notice by the opposite parties complainant deposited Rs.1,11,435/- on 21.12.2016 and also paid Rs.16,000/- as labour charges to Kuldip Singh J.E. It was further pleaded that opposite parties withdraw material for installation of tubewell connection and even affixed pole for it but tubwell connection was not issued by the opposite parties to the complainant. Complainant many times approached to the opposite parties with the request for issuance of tubwell connection but they putting off the matter with one pretext or the other whereas they are bound to issue the said connection within 15 days from the date of compliance of the demand notice and this act of the opposite parties is illegal, null and void and against the law. It was also pleaded that complainant applied tubwell connection for irrigation purpose as there was no irrigation facility in his land and due to the above said act of the opposite parties he could not sown crops in his land and now opposite parties are bound to pay compensation amount for delay in issuance of tubwell connection. It was next pleaded that complainant orally as well as in writing made many requests to the opposite parties to release of tubwell connection but they refused to release the same hence, this complaint.

3.       Upon notice opposite parties appeared through their counsel and filed their written reply by taking the preliminary objections that complainant has filed false and frivolous complaint and complainant has not approached this Hon'ble Forum/Commission with clean hands and concealed material facts intentionally and deliberately. On merits, it was stated that the material was released by the opposite parties for tubwell connection in question from the store vide store requisition No.96/1434 but an application was moved by one Harpal Singh to the opposite parties for non-releasing of tubwell connection as their application for partition of the land with the complainant was pending in the Court of Assistant Collector, Ist Grade, Dera Baba Nanak and due to this application process of tubewell connection was stopped by the opposite parties. It was further stated that the land where complainant wants to get the tubewell connection is joint one and objection was raised by the co-sharer of the complainant for installation of tubewell connection in dispute as partition application was pending and as per the rules of the department connection cannot be released in the joint khata without the consent of other co-sharers. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with costs.        

4.       In order to prove the case, complainant has tendered into evidence his duly sworn affidavit alongwith copies of documents Ex.C1 to Ex.C6 and closed his evidence.

5.       On the other hand counsel for the opposite parties has tendered into evidence affidavit of Jagdeep Singh S.D.O. alongwith copies of documents Ex.OP-1 to Ex.OP-7 and closed the evidence of opposite parties.  

6.       Written arguments filed by the opposite parties but not filed by the complainant.

7.       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 along with the incidental scope of adverse inference for some of the documents that have been somehow ignored to be produced by the contesting litigants.

8.       In the present complaint it has been alleged by the complainant that opposite parties have not released his electric connection for agriculture tubewell. Complainant has placed on record a copy of receipt at Ex.C2 for deposit of service connection charges amounting to Rs.1,11,435/- on 21.12.2016. It has also pleaded that as per Ex.C4 some of the electric poles have already been erected by the opposite parties but connection has not released.

9.       Opposite parties in their written reply admitted the fact that the material for release of said connection has already been drawn and work is in progress but it is stopped due to complaint of co-sharer of the land on the plea that case for partition of land is under process in some other court of law.

10.     From the above facts of the case we see that the complainant has already complied to the demand notice issued by the opposite parties by depositing requisite amount and submission of requisite documents and work for release of connection has already been taken in hand by the opposite parties. Now to stop the work at this advance level by the opposite parties merely on the ground that some application regarding partition of land is pending is not justified on the part of the opposite parties. Moreover there is no stay order from any other Court in this case.

11.     The release of tubewell connection is not a one day job. The process might have been started months before the filing of this case. Opposite parties must have completed all the required formalities before issue of the demand notice. Moreover, by releasing of electric connection for agriculture tubewell it is going to add more facility for irrigation of the agriculture land.

12.     In view of the aforesaid discussion considering the facts and circumstances of the case, the present complaint is hereby partly allowed with the direction to the opposite parties to release the electric connection for agriculture tubewell of the complainant within 60 days from the receipt of copy of the orders. Besides this, opposite parties are further directed to pay lump sum amount of Rs.5,000/- to the complainant for harassment and litigation charges.  

13.      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.

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

                               (Kiranjit Kaur Arora)

                                                                         President

Announced:                                          (B.S.Matharu)

FEB. 13,2023                                                Member

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