Gurmel Singh complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite parties to immediately regularize the temporary tubewell connection of the complainant released in 2005 and to pay Rs.50000/- as compensation for causing mental tension, loss of agriculture produce and harassment and Rs.5000/- as litigation expenses.<br /> 2. The complainant averred in his complaint that he is an agriculturist having his about 25 acres of agriculture land at V. Thare Tehsil Faridkot. Previously the complainant has applied for AP tubewell connection in his land bearing khasra No. 427/3 by depositing Rs.540/- vide receipt N 92/41887 dated 24/2/1998. In the year of 2005 the complainant has applied for temporary tubewell connection by depositing Rs.7500/- vide receipt No. 28/89822 dated 24/6/2005 which was released by the PSEB in the year 2005. The PSEB vide its commercial circular No. 9/2006 has floated a scheme to regularize the temporary tubewell connections of the consumers in case of surrender of previous connection applied on regular basis. The complainant in the light of above commercial circular 9/2006 has applied to regularize his temporary tubewell connection in lieu of surrender of his previous connection applied in the year of 2005 and has completed all the formalities for the same. The complainant since the day of completion of all the formalities to regularize his temporary tubewell connection has been visiting and enquiring about the regularization of his temporary tubewell connection but the opposite party No. 2 did not gave any satisfactory answer and now has flatly refused to regularize his temporary tubewell connection, which amounts to clear cut deficiency in services on the part of the opposite parties. The act and conduct of the opposite parties has caused a great mental tension, harassment, inconvenience and loss to agriculture produce to the complainant for which he claims a sum of Rs.50000/- as compensation and Rs.5000/- as litigation expenses. Hence the present complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 10-10-2006 complaint was admitted and notice was ordered to be issued to the opposite parties. <br /> 4. On receipt of notice the opposite parties appeared through Sh. M.S.Brar Advocate and filed written statement in which the opposite parties admitted that the complainant applied for temporary tubewell connection and deposited the requisite amount and the connection was released from 25 KVA transformer of Pritam Singh son of Kartar Singh. The sketch was approved to release temporary tubewell connection for the year 2005 by the competent authority. As per rules and regulations of the PSEB while releasing temporary tubewell connection Jamabandi regarding the ownership is not required. In this way the Jamabandi from Gurmail Singh for releasing temporary tubewell connection for the year 2005 was not obtained. After stipulated period the temporary tubewell connection was disconnected. It is further submitted that if the consumer had applied for tubewell connection and his application is pending and if he surrenders that application and the temporary tubewell connection released in the year 2005 then it is to be given permanently at the same place where the consumer had obtained temporary tubewell connection for the year 2005. In this case the temporary connection by the complainant was taken from 25 KVA transformer known as Pritam Singh son of Kartar Singh Wala. He has filed application No. 17265 dated 24/2/1998 pending for regular connection in Khasra No. 124, in lieu of that application temporary tubewell connection released to the complainant in the year 2005 may be regularized. But now the complainant wants to take connection from 25 KVA transformer of Ajaib Singh Wala which is not admissible under the rules. The temporary tubewell connection is required to be regularized on the same place and not on any other place. Moreover where the complainant wants to take the connection from 25 KVA transformer of Ajaib Singh Wala the already load running on this transformer is 22.5 BHP. This transformer is not capable of taking more loads. In view of these reasons the application for regularization of temporary connection for the year 2005 was rejected by the competent authority of PSEB. It is admitted that the complainant in view of the commercial circular No. 9/2006 applied for regularization of his temporary tubewell connection for the year 2005 by surrendering his previous application filed in the year 1998. The temporary tubewell connection can be regularized on the same place where the temporary tubewell connection was issued but the complainant is not entitled to change the sit or to change any other place. The consumer was specifically informed that he is not entitled to get the site of the temporary tubewell connection change as the temporary tubewell connection cannot be regularized as per rules and regulations of the PSEB. So there is no deficiency of service on the part of the opposite parties. The complainant is not entitled for any compensation or litigation expenses. So the complaint is liable to be dismissed with costs. <br /> 5. Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence his affidavit Ex.C-1, photocopy of receipt dated 24/6/2005 Ex.C-2, copy of receipt dated 21/4/1998 Ex.C-3, copy of jamabandi Ex.C-4, supplementary affidavit of complainant Ex.C-5, copy of endst. No. 8879 dated 5/7/2006 Ex.C-6 and closed his evidence. <br /> 6. In order to rebut the evidence of the complainant the opposite parties tendered in evidence affidavit of Vijay Kumar Bansal AEE PSEB City Sub Divn. PSEB Kotkapura Ex.R-1, attested photocopy of sketch Ex.R-2, copy of another sketch rough Ex.R-3, affidavit of Balwinder Singh AJE City Sub Divn. Kotkapura Ex.R-4, copy of A&A form Ex.R-5 and closed their evidence. <br /> 7. We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.<br /> 8. Learned counsel for the complainant submitted that as per rules and instructions of the PSEB the temporary tubewell connections released in 2005 are to be regularized in case any other tubewell connection applied for is surrendered but the opposite parties are not releasing electric connection in the land of the complainant.<br /> 9. Learned counsel for the opposite parties submitted that the complainant wants to get tubewell connection from transformer of Ajaib Singh Wala instead of transformer Pritam Singh Wala.<br /> 10. Learned counsel for the complainant has submitted that the complainant has no land near to the transformer of Pritam Singh wala so electric connection as per the latest instructions on the costs of the complainant is required to be released. <br /> 11. As per commercial circular No. 38/2005 individual transformer of 6.3/10/16 KVA capacity as per site requirement shall be provided by the Board at its costs but the connection will be released on 11 KV only subject to relaxation given in para -IV which envisages that board shall procure transformers of 6.3/10/16 KVA capacity within six months i.e. by 30/11/2005 and till such time connections shall be given at LT to those who do not opt to procure their own transformer. The service connection charges shall continue to be charged at the existing rates of Rs.3000/- per BHP.<br /> 12. As per commercial circular No. 59/2004 from 1/4/2005 new AP connections shall be released only on 11 KV for which Distribution transformer of appropriate capacity shall be purchased by the prospective consumer. The transformer shall be installed on single pole structure as per Board's approved design with a provision for a fuse unit for place of GO switch. <br /> 13. From the above noted facts and circumstances it is made out that by not providing electric connection to the complainant the opposite parties have made their services deficient towards the complainant, so the complaint of the complainant is accepted. The opposite parties are directed to regularize the temporary tubewell connection of the complainant released in 2005 immediately as per C.C. 9/2006 within one month from the date of the receipt of the copy of this order. No order as to costs. Copies of the order be sent to the parties free of costs. File be consigned to the record room. <br /> Announced in open Forum:<br /> Dated: 25/7/2007<br /> <br /> <br />