THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 278 of 2014
Date of Institution : 20.5.2014
Date of Decision : 13.07.2015
Sh. Gurbachan Singh age 70 years son of S. Teja Singh resident of House No. 5, Gali No.4, Lal Avenue,Sher Shah Suri Road, Gobindpura, Khandwala, Chheharta, Amritsar
...Complainant
Vs.
Punjab State Power Corporation Ltd., through its chairman/MD, The Mall, Patiala
SDE Punjab State Power Corporation Ltd., City/220KV, Fatehgarh Churian,Division Office Ajnala District Amritsar
XEN Punjab State Power Corporation Ltd., Divisional Office, Ajnala District Amritsar
SE Punjab State Power Corporation Ltd., Circle at Mukbool Road, Amritsar \ ....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : In person
For the opposite parties : Sh. N.S.Sandhu,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
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Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Gurbachan Singh under the provisions of the Consumer Protection Act alleging therein that he is the consumer of electricity connection bearing account No. VC 45/0322 new No. A12VC450322F under DS category installed in his residential premises at village Teja Kalan Tehsil Batala District Gurdaspur. According to the complainant this village falls under Punjab State Power Corporation Ltd Sub Division Fatehgarh Churian Distric Amritsar . Complainant has alleged that electricity wires of the service line to the meter of the complainant have been burnt and short circuited The electric connection of the complainant has been disconnected for the last about one year. But the complainant had been regularly making the payment of electricity bills issued by the opposite party from time to time. Complainant made oral as well as written representations to the opposite party vide letters dated 30.12.2013, 8.1.2014, 3.2.2014 and 14.2.2014 requesting them to restore the electricity connection of the complainant, but opposite party has failed to restore the same. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to restore the electricity connection bearing account No. VC45/0322 new No. A12VC450322F. Compensation of Rs. 50000/- alongwith litigation expenses
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were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submitted that complainant is residing at Chheharta at the address given by the complainant himself in the complaint and is not residing at the place where the connection in question is installed. It was submitted that whenever the meter reader of the opposite party visited the premises of the complainant, the premises of the complainant is found locked and thus the complainant is being issued the bills with “L” code . It was further submitted that complainant is not paying the bills to the opposite party since April 2014 and an amount of Rs. 15067/- is outstanding against the complainant. The connection of the complainant has not been disconnected and is working at the spot, therefore, question of making any request to restore the connection does not arise at all. It was denied that electricity wires of the service line of the meter of the complainant have been burnt and short circuited since the installation of the connection. While denying and controverting other allegations, dismissal of complaint was prayed.
3 Complainant tendered into evidence his affidavits Ex.C-1 and C-2 alongwith documents Ex.C-3 to Ex.C-8.
4 Opposite party tendered affidavit of Sh.Jatinder Kumar SDO Ex.OP1, consumption data Ex.OP2.
5. We have carefully gone through the pleadings of the parties, arguments
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advanced by the complainant and ld.counsel for the opposite party and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant is the consumer of electricity vide electric connection bearing account No. VC 45/0322, present No. A12VC450322F under DS category installed at the residence of the complainant at village Teja Kalan Tehsil Batala District Gurdaspur. The complainant alleges that electricity wires of the service line to the meter of the complainant have been burnt. The electric connection of the complainant has been disconnected for the last about one year. However, complainant had been regularly making the payment of electricity bills issued by the opposite party from time to time. The complainant made oral as well as written requests dated 30.12.2013 Ex.C-5, 8.1.2014 Ex.C -6, 3.2.2014 Ex.C-7 and 14.2.2014 Ex.C-8 to the opposite party in this regard in which the complainant also told to the opposite party that due to non supply of electricity for a long time , his home appliances such as RO System, Submersible pump etc., have become un-serviceable and the opposite party is liable for all this damage occurred to the home appliances of the complainant. But the opposite party did not pay any heed to the request of the complainant,. The complainant submitted that all this amounts to deficiency of service on the part of the opposite party qua the
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complainant.
7 Whereas the case of the opposite party is that the complainant is residing at Chheharta at the address given by the complainant himself in the complaint and is not residing at the place where the electric connection in question is installed. Opposite party specifically denied that the electricity wires of the service line to the meter of the complainant have been burnt and short circuited since the installation of the connection, as alleged by the complainant. They also denied that the connection of the complainant has been disconnected for the last about one year, as alleged. The complainant is not residing at the place where the connection is installed and whenever meter reader of the opposite party visited the premises of the complainant for the purpose of recording consumption from the meter, the premises of the complainant was found locked and thus the complainant was being issued bills with 'L' code. The complainant has not been paying the bills to the opposite party since April 2014. The connection of the complainant has not been disconnected by the opposite party and the same is in working condition. Therefore, the question of making any request by the complainant to restore the connection does not arise at all. Ld.counsel for the opposite party during the course of arguments has further submitted that this fora at Amritsar has no territorial jurisdiction to try and decide the present complaint because the residence of the complainant where the aforesaid electric connection is installed is situated at
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village Teja Kalan ,Fatehgarh Churian ,Tehsil Batala District Gurdaspur . The said division of the opposite party which deals with the electric connection of the complainant and issues electricity bills to the complainant is also situated at Fatehgarh Churian, Tehsil Batala District Gurdaspur, so no cause of action has accrued to the complainant within the territorial jurisdiction of this fora at Amritsar. As such the complaint is not maintainable at Amritsar. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party qua the complainant.
8. From the entire above discussion, it is clear that complainant is the consumer of electricity vide electric connection bearing account No.VC45/0322 under DS category with sanctioned load of 2.370 KW at Village Teja Kalan Tehsil Batala District Gurdaspur. The complainant himself has admitted that he has been residing at Amritsar for the last about 8 years . As such this fact has been admitted by the complainant that he has not been residing at the residence situated at Village Teja Kalan Tehsil Batala District Gurdaspur, where the electric connection in question is installed that is why the consumption data of the complainant Ex.OP2 shows that the complainant has not been using the electricity at his residence situated at Village Teja Kalan ,Fatehgarh Churian, Tehsil Batala District Gurdaspur , so during the period from 4/2012 to 6/2014 the bills were issued to the complainant either with “L” code i.e. premises of the complainant were locked or with Ok code
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with “MMC” (Minimum meter charges) and the complainant has failed to refute these averments of the opposite party. The complainant except his own representation Ex.C-5, Ex.C-6, ExC-7 and Ex.C-8 to the effect that the wires of service line of the meter of the complainant have been burnt, could not produce any other evidence in this regard. Rather the bills were being issued to the complainant regularly as admitted by the complainant himself with minimum meter charges or with “L” code. Not only this during the course of arguments the complainant himself has admitted that at present the electric supply to the meter connection of the complainant i.e. electric connection in question at Village Teja Kala, Tehsil Batala District Gurdaspur is running properly. Resultantly we hold that the complainant has failed to prove on record any deficiency of service on the part of the opposite party qua the complainant.
9. However, it is the admitted case of the complainant that the electric connection in question at the residence of the complainant is installed at Village Teja Kalan,Fatehgarh Churian, Tehsil Batala District Gurdaspur. The said village is situated under the jurisdiction of Gurdaspur fora. The said electric connection is being dealt with by the office of SDE, Fatehgarh Churian, Tehsil Batala, District Gurdaspur which is also situated in District Gurdaspur. Not only this the bills are being issued to the complainant by the office of SDE, Fatehgarh Churian, Tehsil Batala District Gurdaspur. So it stands fully proved on record that the entire cause
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of action accrued to the complainant in the territorial jurisdiction of District Consumer Forum at Gurdaspur having territorial jurisdiction on the entire District Gurdaspur. The complainant has wrongly filed this complaint at Amritsar. This complaint is not maintainable at Amritsar as District Consumer Forum, Amritsar has no territorial jurisdiction over the territory of District Gurdaspur.
10. Resultantly this complaint is not maintainable at Amritsar. As such the complaint is hereby returned to the complainant as this fora has no territorial jurisdiction to try and decide the present complaint. Keeping in view the peculiar circumstances of the case parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Complaint could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
13.7.2015 (Bhupinder Singh)
President
(Anoop Sharma) (Kulwant Kaur Bajwa)
/R/ Member Member
