Complainant Roban has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to release the Drip and Micro Sprinkler Irrigation System connection to him. Opposite parties be further directed to pay Rs.50,000/- for mental agony, physical torture and financial loss alongwith Rs.5000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that he applied or installation of Drip and Micro Spinkler Irrigation system vide his application No.2286/AP dated 23.08.2013 in his land. He has completed all the formalities. Opposite parties issued demand notice No.537 dated 07.03.2014 and directed him to complete certain formalities. Thereafter, he completed all the required formalities and also got installed required equipment, pipes etc. He also constructed rooms and spent about Rs.2,00,000/- till today. He also obtained Joint Inspection Report from the concerned department of Soil Conservation Officer, Gurdaspur.  After completion of all required formalities he approached the opposite party no.1 so many times and requested for release of the electric connection, but the opposite parties flatly refused to release the Drip System connection without any reasonable cause. Thus, there is clear cut deficiency in service on the part of the opposite parties. Hence this complaint.

3.         Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that   complainant failed to deposit requisite amount within stipulated period and even failed to deposit the same in the extended time and hence complainant cannot take benefits of his own wrongs and the present complaint is time barred. On merits, it was submitted that the opposite parties issued demand notice no.537 dated 7.3.2014 for depositing Rs.1,16,465/-. The complainant had to deposit requisite amount upto 6.9.2014, but he did not deposit the same within this period. The complainant did not get the period further extended for deposit of amount after 6.9.2014 nor deposited requisite amount of the demand notice, hence the connection was not released to complainant. Moreover, thereafter as per the letter no.6831 dated 23.8.2016 it was made clear that Drip Sprinkle system connections were refused to be issued to customers by CMD. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed with cost.

4.       Alongwith the complaint, complainant has filed his own affidavit Ex.CW-1, alongwith other documents Ex.C-1 and Ex.C-2.

5.    Alongwith the written statement, opposite parties has filed affidavit of unnamed S.D.O. PSPCL Ex.OP-1 and other document Ex.OP-2 to Ex.OP-4.

6.    Rejoinder filed by the complainant.

7.    Written arguments have not been filed by the parties.

8.       We have carefully gone through the pleadings of counsels for the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

9.     As per facts enumerated above, it has been alleged by the complainant that his tubewell connection under Drip and Micro Sprinkler Irrigation System has not been released by opposite parties. It is further pleaded by the complainant that a demand notice (Ex.C-1) was issued to him  by opposite party no.1 vide notice no.537 dated 07.03.2014 and he has completed all the required formalities also but the connection has not been released.

10.     Opposite parties in their  written statement admitted the fact of issue of demand notice and it has been pleaded that the demand notice  No.537 dated 7.3.2014 was valid upto 6.9.2014 but the complainant has not made the compliance of the same. The complainant neither deposited the requisite amount of Rs.1,16,465/- nor got the date of demand notice date extended. Hence the connection could not be released. Further opposite party has quoted the reference of a letter No.6831 dated 23.8.2016 for refusal by higher authority to release such connections.

11.     As per copy of demand notice at Ex.C-1 it was mentioned therein to deposit Rs.1,16,465/- but the complainant has not placed any evidence to prove the deposit of this amount, whereas opposite party has mentioned that the amount has not been deposited by the complainant and compliance to the demand notice has not been made by the complainant. 

12.     As of now we find that more or less firstly it is case of extension of demand notice period then the compliance of the demand notice by the complainant and thereafter the action for release of tubewell connection can be taken by opposite parties.  

13.      The validity of the demand notice already issued was upto 6.9.2014. It has not been put forth by the complainant that whether he has applied for extension of demand notice period to opposite parties. Complainant has also not placed on record any evidence showing the denial or refusal of opposite parties to extend the  said demand notice.

14.       Opposite party has also placed on record the copy of Electricity Supply Instruction Manual -2018 Clause 17.7 (iv) extension of demand notice period.

15.      From the above details, we are of the considered view that complainant has to get period of said demand notice extended. The case for  release of tubewell connection can only be considered if the complainant has complied to revised demand notice issued. So the present complaint can be best disposed off by giving direction to the complainant.

16.    Hence the complainant is hereby directed to get the said demand notice revised from opposite parties at first instance if so desired.

17.       The present complaint is disposed off accordingly with no order as to costs.

18.           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.

19 .   Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                     

               (Kiranjit Kaur Arora)

                                                                             President   

Announced:                                               (Bhagwan Singh Matharu)

March 15, 2023                                                    Member

*MK*