PER:

Charanjit Singh, President;

1        The present complaint has been received from the District Consumer Disputes Redressal Commission Amritsar by the order of the Hon’ble State Consumer Disputes Redressal Commission Punjab, Chandigarh for its disposal.

2        The complainants have filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12 against the opposite party on the allegations that the complainants are real brothers and had purchased one property/ plot bearing private No. 113, having area of 73.75 Sq. Yards for consideration vide sale deed registered in the office of Sub Registrar, Amritsar at document NO. 6760 Book No. 1, Volume No. 14679 Page 1718 dated 18.11.2016. After purchase of the plot, the complainants started construction over the said plot and applied for temporary electricity connection with opposite parties and deposited necessary fee and temporary connection account No. 3003175239 was installed in the name of Gagandeep complainant No.1. The complainant paid the entire consumption charges of this temporary meter and on completion of work the temporary connection was surrendered to the opposite parties and they removed the meter from the spot and all the necessary charges were recovered/ adjusted from the security amount. The opposite party removed the meter from the spot after two days of submission of application for disconnection of temporary electricity connection. And as such, nothing remained due towards the complainant against temporary connection. In the month of Feb/March 2017 the complainants applied for permanent electricity connection with the opposite party and deposited complete case file and deposited the necessary fee/ security etc. as per requirements of the opposite parties and permanent electricity connection bearing account No. 3003446861 was installed in the premises of the complainant in the name of Mandeep Kumar complainant No. 2. Since the installation of the electricity connection the complainants consumed electricity and paid regular electricity bills as received from the opposite party. In the last week two / three officials of the opposite party came to the residence of the complainants with the intention to disconnect the permanent electricity connection on the pretext that some previous bill of temporary connection is still payable by the complainants. The complainant had not received any alleged bill at that time. The officials of the opposite party then on the next day supplied a Photostat copy of the alleged bill of Rs. 34,110/- against temporary connection. The complainant personally met the opposite party in their office to enquire about the true facts of the alleged demand and was surprised to enquire about the true facts of the alleged demand and was surprised to know that the opposite party had raised alleged demand against temporary electricity meter, while there was nothing due for payment against this connection at the time of its disconnection in the year 2014 on the application of the complainants. The complainants stopped further construction of the building in the year 2014 and it remained incomplete and for this reasons they did not shift to new premises. Now the complainant shifted to new premises in the month of Feb/March and then they applied for permanent electricity connection. Alleged demand of the opposite party against temporary disconnected electricity connection since 2014 is illegal, unlawful and arbitrary and is not sustainable under law. The opposite party through its officials/ employees are threatening the complainant to disconnect their permanent electricity connection on the pretext of alleged recovery against temporary disconnected connection and if the electricity connection is disconnected by the opposite party and its officials, the complainant will suffer great hardship without light in the peak of summer season as the complainants have small children. Electricity is the necessity of life which can be withdrawn on flimsy demands.   The complainant has prayed that the demand of Rs. 34,110/- against temporary disconnected electricity connection be set aside and opposite party be restrained from disconnecting the permanent electricity connection of the complainants and further to pay compensation of Rs. 20000/- for causing mental tension, harassment and agony by deficiency of service. Cost of the complaint be also awarded in favour of the complainant. 

3        After formal admission of the complaint, notice was issued to Opposite Parties and opposite parties appeared through counsel and have filed written version by interalia pleadings that the present complaint is not maintainable. The complainant is estopped by his act and conduct from filing the present complaint. The complainant has got no cause of action or locus standi to file the present complaint against the opposite party. The complainants started raising construction over the said plot and they applied for temporary electricity connection and temporary connection bearing No. 3003175239 was released in favour of the complainants. The complainant No. 1 Gagandeep Singh moved an application to the SDO of the opposite party for disconnection of the temporary electric connection. The SDO marked the said application to the JE concerned  and handed over the same to the complainant but thereafter the complainant did not give this application to any official of the opposite party. Accordingly, this application was not registered or entered in the record of the office of the opposite party, as the said application was kept by the complainant with him. Vide LCR No. 99/5011 dated 11.9.2017, the premises of the complainants were checked by Er. Narinder Singh, SDO, Chatiwind Sub Division, Amritsar who reported that LCR No. 56/112 dated 23.8.2017 was filled in of the consumer and in continuation of the said LCR  it is informed that new electric connection has been installed in the name of the complainant Mandeep Kumar and the number of said connection is 3003446861. He further reported that the due amount towards temporary connection No CT-008893-A be charged from electric connection No. 3003446861. On the basis of this report, a letter bearing memo No. 1656 dated 18.9.2007 claiming an amount of Rs. 32,830/- was issued to the complainants who are actual consumers of the said connection and they are bound to pay the same. The said bill is legal and valid. The demand in question is legal and valid and the complainants are bound to pay the same. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same. 

4        To prove his case, Ld. counsel for the complainant has tendered I evidence affidavit of complainant Mandeep Kumar Ex. C-1 copy of sale deed dated 2.11.2005 Ex. C-2, copy of the bill dated 27.2.2017 Ex. C-3, copy of the payment receipts Ex. C-4, copy of the letter dated 7.10.2014 Ex. C-5, copy of the bill dated 26.5.2017 Ex. C-6, copy of the bill dated 22.7.2017 Ex. C-7, copy of the bill receipt Ex. C-8, copy of receipt No. 222 Ex. C-9 and closed the evidence. On the other hands, Ld. counsel for the opposite party tendered in evidence affidavit of Sh. Kawalpreet Singh SDO Ex. OP1, copy of the checking report Ex. OP2, copy of consumption data and detail of the amount Ex. OP3 and closed the evidence.

5        We have heard the Ld. counsel for the parties and have gone through the record on the file.

6        Ld. counsel for the complainant contended that complainants are real brothers and had purchased one property/ plot bearing private No. 113, having area of 73.75 Sq. Yards for consideration vide sale deed registered in the office of Sub Registrar, Amritsar at document NO. 6760 Book No. 1, Volume No. 14679 Page 1718 dated 18.11.2016 Ex. C-2. After purchase of the plot, the complainants started construction over the said plot and applied for temporary electricity connection with opposite parties and deposited necessary fee and temporary connection account No. 3003175239 was installed in the name of Gagandeep complainant No.1. The complainants paid entire consumption charges of this temporary meter and on completion of work the temporary connection was surrendered to the opposite parties and they removed the meter from the spot and all the necessary charges were recovered/ adjusted from the security amount. The opposite party removed the meter from the spot after two days of submission of application for disconnection of temporary electricity connection and application is Ex. C-5. Nothing remained due towards the complainant against temporary connection. He further contended that in the month of Feb/March 2017 the complainants applied for permanent electricity connection with the opposite party and deposited complete case file and deposited the necessary fee/ security etc. as per requirements of the opposite parties and permanent electricity connection bearing account No. 3003446861 was installed in the premises of the complainant in the name of Mandeep Kumar complainant No. 2. Since the installation of the electricity connection the complainants consumed electricity and paid regular electricity bills as received from the opposite party. In the last week two / three officials of the opposite party came at the residence of the complainants with the intention to disconnect the permanent electricity connection on the pretext that some previous bill of temporary connection is still payable by the complainants. The complainant had not received any alleged bill at that time. The officials of the opposite party then on the next day supplied Photostat copy of the alleged bill of Rs. 34,110/- against temporary connection. The complainant personally met the opposite party in their office to enquire about the true facts of the alleged demand and was surprised to enquire about the true facts of the alleged demand and was surprised to know that the opposite party had raised alleged demand against temporary electricity meter, while there was nothing due for payment against this connection at the time of its disconnection in the year 2014 on the application of the complainants. He further contended that the complainants stopped further construction of the building in the year 2014 and it remained incomplete and for this reasons they did not shift to new premises. Now the complainant shifted to new premises in the month of Feb/March and then they applied for permanent electricity connection. The alleged demand of the opposite party against temporary disconnected electricity connection since 2014 is illegal, unlawful and arbitrary and is not sustainable under law and prayed that the present complaint may be allowed.

7        Ld. counsel for the opposite party contended that the complainant is estopped by his act and conduct from filing the present complaint. The complainants started raising construction over the plot purchased by them and they applied for temporary electricity connection and temporary connection bearing No. 3003175239 was released in favour of the complainants. The complainant No. 1 Gagandeep Singh moved an application to the SDO of the opposite party for disconnection of the temporary electric connection. The SDO marked the said application to the JE concerned and handed over the same to the complainant but thereafter the complainant did not give this application to any official of the opposite party. Accordingly, this application was not registered or entered in the record of the office of the opposite party, as the said application was kept by the complainant with him. Vide LCR No. 99/5011 dated 11.9.2017 Ex. OP2, the premises of the complainants were checked by Er. Narinder Singh, SDO, Chatiwind Sub Division, Amritsar who reported that LCR No. 56/112 dated 23.8.2017 was filled in of the consumer and in continuation of the said LCR , it is informed that new electric connection has been installed in the name of the complainant Mandeep Kumar and the number of said connection is 3003446861. He further reported that the due amount towards temporary connection No CT-008893-A be charged from electric connection No. 3003446861. On the basis of this report, a letter bearing memo No. 1656 dated 18.9.2007 claiming an amount of Rs. 32,830/- was issued to the complainants who are actual consumers of the said connection and they are bound to pay the same. The said bill is legal and valid and prayed that the present complaint may be dismissed.

8        In the present case it is not disputed that the complainants have applied temporary connection for construction of his house and in this regard a temporary connection was issued in the name of one of the complainant namely Gagandeep. It is also not disputed that the complainant moved an application to the opposite party for disconnection of the temporary connection and the said temporary connection was disconnected by the opposite party. It is also not disputed that new domestic electricity connection has been supplied in the name of complainant No. 2 Mandeep Kumar. Now the dispute in the present case is that the opposite parties are claiming the amount of electricity consumed by the complainants while raising construction in the plot against the temporary connection. The opposite party has placed on record checking report Ex. OP-2 in which it has been mentioned that new domestic connection has been installed in the name of Mandeep Kumar complainant and outstanding amount of previous connection be charged. The opposite party has also placed on record consumption data Ex. OP3 in which electricity consumed by the complainants in the temporary connection has been shown. The opposite party is demanding the amount of consumption which is outstanding against the complainants regarding the temporary connection. The complainant has not placed on record any document or receipt which shows that the complainants have deposited the whole outstanding amount of the temporary connection to the opposite party. The complainants are legally liable to make the payment of the outstanding amount to the opposite party. While demanding the amount in question from the complainant, there is no deficiency in service and unfair trade practice on the part of the opposite party and the complainants are liable to pay the amount of the electricity which they have consumed.

9        In view of above discussion, there is no merit in the present complaint and the same is hereby dismissed. The parties are left to bear their own costs. Copy of order will be supplied by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

Announced in Open Commission

23.08.2022