Complainant Vishal Vig 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  shift the electric pole from his property  to any other place. Opposite parties be further directed to remove the electric meter box from his shop  and apart from it Rs.5,000/- may be awarded on account of mental agony and harassment alongwith Rs.10,000/- as litigation expenses and compensation, in the interest of justice.

2.       The case of the complainant in brief is that on 26.12.2017 he had purchased a shop situated at Adda Taragarh, Batala from Kulwant Singh son of Chanan Singh village Sekhwan, Distt.Gurdaspur. He is a co-owner of the property alongwith his brother namely Sumesh Vig. After the agreement of sale deed and before execution of the sale deed he applied the electric connection for his shop to earn his livelihood. At the time of purchasing the property, the electric pole already installed in the area of his property which was purchased by him, after purchasing the property/shop he moved an application to the opposite party no.2 to shift the electric pole from the purchased property to any other place. He always ready to bear all the expenses of shifting the electric pole to any other place, but till date opposite parties did not take any action to shift the electric pole to other place. Even the electric wires are also surrounding his building.  He has next pleaded that on 27.10.2018 the opposite party no.2 to 6 visits his shop and forcibly and illegally installed the electric meter box of all the neighbourer of the locality with his shop's wall in his absence. His father was admitted at Fortis Hospital, Amritsar for heart by-pass surgery and opposite parties threatened his brother and harass and humiliate and install the electric meter box in his shop's wall. The act and conduct of the opposite parties are totally arbitrarily wrong illegal, unconstitutional, null and void. He requested the opposite parties to remove or shift the electric meter box from his shop's wall, but the opposite parties are adamant and flatly refused to admit his genuine claim. 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 has not approached this Hon'ble Commission with clean hands and has concealed the material facts intentionally and deliberately and the complainant is not consumer of the opposite parties. Hence this complaint is not maintainable in the present form. On merits, it was incorrect that the opposite party moved any alleged application to the opposite parties. Moreover, the controversy as mentioned in the complaint by the complainant is concerned with the Civil litigation as it requires detail evidence and for getting the relief of transfer of alleged poles, the plaintiff have to file the suit for mandatory injunction in the Civil Court.  It was also incorrect that the employees of the opposite parties installed the meter box of all the neighbourers of the locality at the wall of the complainant on 27.10.2018.  No application/request was ever made by the complainant to the opposite parties. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.   

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

5.      Alongwith the written statement ld.counsel for the opposite parties filed affidavit of Er. Ashwani Kumar, S.D.O PSPCL Ex.OP-1.

6.         Written arguments have been filed by the opposite parties.

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

8.     The complainant placed copy of the application dated 29.12.2017 at Ex.C-1 vide which it has been requested to opposite party no.2  to shift the electric pole and consent to deposit the requisite fee has also been mentioned in the application.

9.    It is alleged by the complainant that opposite party has not taken any action in this regard and further more opposite party has installed some

electric meter box on the wall of the shop without his consent.

10.     Opposite party in their written reply denied all the allegations and pleaded for the trial of this case in the Civil Court. Opposite party has denied for receipt of any application from the complainant for shifting of the pole and also denied the allegation of installation of meter box on the wall of the shop of the complainant.

11.         We do not agree to the reply of opposite parties as complainant has placed on record the copy of the application duly received by office of opposite party no.2 on 29.12.2017 at Ex.C-1. It is the deficiency in service on part of the opposite party no.2 that they have not taken any action on the application for redressal of the grievance of the complainant so far.

12.      It is understood that the said electric pole belong to opposite party, hence all the work to shift the pole has to be done by them as per rules and regulations of the department. The complainant has also given the consent  in the application to deposit the requisite cost. It is also surprising that opposite party has not acted upon the request of the complainant even during the pendency of the case for more than four years.

13.      So from the above facts and circumstances of the case we deem it appropriate to dispose off the case with the direction to both the parties.

14.     Hence opposite party no.2 is hereby directed to redress the grievance of the complainant regarding shifting of pole and shifting of meter box etc. within the period of 60 days from the date of receipt of copy of the orders after getting all the formalities completed from the complainant as per rules and regulations of the department.

15.       The present complaint is disposed off according        ly with no order as to costs.

16.        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.

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

            (Naveen Puri)

                                                                            President   

Announced:                                                   (B.S.Matharu)

January 06, 2023                                                 Member

*MK*