Complainant The Nishane Khalsa International Academy, Ghallughara Sahib, Gurdaspur through its Chairman Master Johar Singh 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 his connection alongwith Rs.50,00/- as compensation to him for his loss and harassment, in the interest of justice.

2. The case of the complainant in brief is that he is Chairman of The Nishane Khalsa International Academy and also President of a Gurduwara Committee Sri Ghallughara Sahib, Gurdaspsur. He has applied for a new electric connection in the academy which the Gurdwara Sahib has started for the education to the children on the basis of charity and on without any profit and loss and regarding that the security dated 16.3.2016 has been deposited in the office of Sub Division Officer, P.S.P.C.L. Purana Shalla. Opposite parties has not issued the electric connection till today after repeated requests. They are putting the matter on and off and now they have issued notice to him for not to issue the connection until he deposits Rs.94,653/- as a penalty for shifting the electric line. It was next pleaded that the opposite party no.2 sent a notice vide memo no.483 dated 02.05.2016 to him for alleging that he has shifted the electric line of 11 KV 24 hours of Bhatia Feeder to Gurudwara Ghallughara Sahib, but actually no line was changed by him. Again the opposite party no.2 sent a notice vide memo no.542 dated 11.05.2016 alleging that the estimate of shifting the line is Rs.94,953/- so he has to pay the same but the opposite parties had not deployed any person for shifting the line. He has further pleaded that the opposite party no.2 again sent a notice memo no.665 dated 06.06.2016 to him. The opposite party no.3 issued a notice vide memo no.632 dated 22.06.2016 to him. The opposite party has also sent other notice dated 22.06.2016 and 08.07.2016 in which the opposite party has mentioned that he has to deposit Rs.94,653/- otherwise his deposit security will be forfeited. Lastly the opposite party no.3 has sent a notice vide memo no.1282 dated 26.10.2016 by that they have informed to him that his application has been rejected and the security amount deposited by him is forfeited. He has deposited the security with the opposite party and also completed other formalities for electric connection in the Academy, but the opposite party has not released till today so there is an intentional deficiency in service on the part of the opposite party. Hence this complaint.

3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply by taking the preliminary objections that the complainant has not come with clean hands; present complaint is not maintainable because it is complainant who is proved as law breaker and being a political person has taken law in his hands. It was next submitted that according to law nobody is allowed to take the law on his own hands and it is complainant Master Johar Singh Saini who has failed to perform his part of obtaining the connection rather being political leader, having active participation and reach in the Akali Bhajpa Punjab State Government, got Electricity connected from 11 K.V. Line of Bhatian Feeder going to Heritage near Gurdwara Ghallu Ghara Sahib, through some unknown electricity contractors illegally. On merits, it was submitted that complainant Master Johar Singh had applied for a new electricity connection for Nishane Khalse International Academy. A security was deposited for that purpose on 16.03.2016 in the office of Sub Division Purana Shalla. Actually after preparing estimate employees of opposite party went to install the connection vide SCO No.030 dated 22.4.2016 alongwith site plan of line but Master Johar Singh did not allow them to install connection on the place sanctioned according to the estimate and site plan prepared and employees kept the whole material to be used for connection in the Academy and they went there time and again to install the connection but Master Johar Singh used to avoid to get the connection installed by saying that he would suggest proper place of connection. At last on 1.05.2016 at 5.14 PM Piara Singh Line Man and Sulakhan Singh Assistant Line Man PSPCLtd. Posted at complaint centre of Gunnopur, came to know that some unknown person of private contractor were shifting the line of 11 K.V. feeder Line going to Haritage Near Gurdwara Sri Ghallu Ghara Sahib and said employee tried to stop the said persons but they did not stop, hence they made a written report the concerned J.E. Sh.Jagat Singh. On receipt of abovesaid written report the said J.E. Jagat Singh after inspecting the place of occurrence submitted his report dated 1-5-16 to the SDO which was received on 2.5.2016 and on the same day SDO issued a letter No.483 dated 2.5.2016 to Master Johar Singh for his explanation regarding above mentioned illegally shifting of above mentioned electricity 11 K.V. line by himself without permission of the Department by way of which the complainant has caused monetary loss to the PSPCL also and letter was also submitted to the Addl. Superintending Engineer (OP) Gurdaspur vide letter No.484 dated 02.05.2016 and a letter No.485 dated 2.5.2016 was also issued to the SHO P.S.Bhaini Mian Khan regarding said illegal shifting of electricity line and its copy was also sent to Addl. Superintending Engineer (OP) Gurdaspur vide letter No.486 dated 2.05.2016. Complainant Master Johar Singh submitted his reply to the letter no.483 dated 2.5.2016 vide letter dated 4.5.2016 by way of which he has admitted the shifting of alleged 11 K.V. Line. Thus according to statutory rules of PSPC Ltd. The complainant is liable to pay Rs.94,653/- as per the estimate prepared by the department. Several notices were also issued to the complainant but he did not deposit the disputed amount. The security deposited by the complainant has been forfeited by the opposite party legally according to rules. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4. Counsel for the complainant tendered into evidence his own affidavit Ex.CW1, alongwith other documents Ex.C1 to Ex.C13 and closed the evidence.

5. Sh.Jit Singh S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP1, alongwith other documents Ex.OP2 to Ex.OP-33 except Ex.OP-25 and closed the evidence.

6. 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 in order to statutorily resolve the inter-se dispute (under the C P Act’ 1986) prompting the present complaint. We find that the complainant Master Johar Singh in his capacity as Chairman of the Nishane Khalsa Academy had applied for the Electric connection (for the academy) with the titled opposite parties vide (Ex C13) PSEB Receipt # D 81434 dated 16.03.2016 for Rs 53,510/- (as duly summed-up sub-heads-wise, on itself). It has been further alleged that instead of issuing the new connection, the Opposite Parties issued him a demand notice for Rs.94,653/- for having managed shifting of 11 K. V. Feeder Line to the Heritage at the Gurdwara Sri Ghallu Ghara Sahib, Gurdaspur.

7. The titled opposite parties (as per their written reply/ affidavit Ex.OP1) had duly issued the applied for connection in routine vide its SCO # 030 dated 22.04.2016 but the complainant had himself intentionally deferred its installation and in the meantime he had managed to shift the 11 KV feeder line (going to Heritage) at (the point, of) the Gurdwara Sri Ghallu Ghara Sahib, Gudaspur; as reported by its staff on 01.05.2016, posted at the OP Complaint Centre at Gunnopur. Further, the opposite parties did exchange/shot some inter office communication memos (letters), filed one police complaint and finally issued a demand of Rs 94,653/- vide its memo letter of 11.05.2016, on the strength of one assumed presumption of ‘admittance’ of the ‘delinquent-act’ by the complainant whereas he has therein simply advised that the Gurdwara Sahib Sangat (Religious Gathering) had executed the reported act through one unanimous decision and no loss or expenditure was ever incurred to the OP Corporation of whatsoever.

8. It is not understood that on the one hand the opposite parties in their written reply/affidavit have categorically admitted that the academy is one personal institution of the complainant Master Johar Singh (as Chairman) who poses to show the same as part of the Gurdwara Sahib and have also specifically denied that he is president of this historical Sikh Gurdwara whereas on the other hand the same complainant has been held responsible by them and arbitrarily penalized for the act(s) done by Sangat (Religious Gathering) of the Gurdwara Sahib and that too when the related police complaint has already been under investigation. We are not at all convinced with the logic as put forth by the said opposite parties during the course of the present complaint proceedings by producing/exhibiting the unnecessary inter-office communications and others alike.

9. We further find that the OP Corporation has not produced any of its own Rules/Regulations that approve of denial of new connection/forfeiting of security etc of one institution for the un-proved (under investigation) misconduct/default on the part of the other institution and all the more so at the face of their own refusal to admit any affinity or relation between the two institutions and also at no loss ever incurred. Somehow, we are not convinced with the logic as put forth by the OP Corporation being un-accompanied by any supporting cogent and reliable evidence etc. Moreover, the impugned amount was annexed with the routine security deposit for new and unrelated connection sans any cogent detail/ explanation and thus it is not understood as to how the complainant shall be liable to pay without having been provided with any reason (logical purpose) and/or details of the arbitrarily alleged ‘charges’ and that establishes ‘unfair trade practice’ coupled with ‘deficiency in service’ on the part of the OP service providers raking them up for an ‘adverse’ statutory award under the applicable statute. Somehow, the impugned demand as put forth upon the complainant for payment of the arbitrary amount by the opposite party service providers has been admittedly not a matter of routine and the same has not even been proved to be in accordance with the legally accrued amounts as per its Sales/ Distribution Policy and the applicable Rules & Regulations etc framed, there under.

10. In the light of the all above, we partly allow the present complaint and thus ORDER the opposite party corporation to withdraw the impugned demand of Rs. 94,653/- in dispute and set aside the arbitrary forfeiture of the deposited security of Rs.53,510/- and expeditiously release the applied for connection to the complainant institution besides to pay Rs.5,000/- as cost and compensation within 30 days of thyy e receipt of the copy of the present orders otherwise the awarded amount shall attract interest @ 9% PA from the date of the complaint till actual payment.

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

(Naveen Puri)

President

Announced: (Jagdeep Kaur)

September,04 2017 Member

*MK*