DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB. 

 

Complaint Case No : RBT/CC/2018/157

Date of Institution : 28.02.2018/29.11.2021

Date of Decision : 16.08.2022

Guriqbal Singh son of Sh. Lakhwinder Singh, resident of House No. 89A, Gali No. 4, Sant Avenue, G.T. Road, Amritsar.                                 …Complainant

Versus

 

1.Chairman, Punjab State Power Corporation Ltd., Patiala through its Sub-Division Officer, Mall Mandi, Amritsar.

2.Sub-Division Officer, Punjab State Power Corporation Ltd., Mall Mandi, Amritsar. 

3.Lakhwinder Singh son of Sh. Harbans Singh resident of House No. 89-A, Gali No. 4, Sant Avenue, G.T. Road, Amritsar.   

                 …Opposite Parties

 

Complaint U/S 12 & 13 of The Consumer Protection Act, 1986 as amended upto date.

 

Present: Sh. S.K. Saini Adv counsel for complainant.

Sh. B.S. Rajput Adv counsel for the opposite parties No. 1 & 2.

Sh. Gurmeet Singh Adv counsel for opposite party No. 3.

Quorum;-

 

1. Sh. Ashish Kumar Grover : President

2.Sh. Navdeep Kumar Garg : Member

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant has filed the present complaint under Section 12 and 13 of the Consumer Protection Act against Punjab State Power Corporation & others (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that complainant is having domestic connection bearing No. 3003263175 in his name and the complainant paying the bills regularly to the opposite parties without any delay. It is further alleged that the father of the complainant filed a criminal complaint against the complainant and officials of the opposite parties  for disconnecting the above said electricity connection but the complaint was dismissed by the Hon'ble Court of Ms. Rajbit Kaur JMIC, Amritsar at preliminary stage. The official of the opposite party No. 2 illegally and unlawfully without serving any notice removed the electric meter of the complainant from his house and due to which the complainant bear irreparable loss and harassment. The complainant approached the office of opposite party No. 2 to restore the above said electricity connection but the same was not restored. The above said act of the opposite parties is amounts to deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

i) The opposite parties may be directed to install the above said electricity connection in his name in his residence in separate portion. 

ii) Any other relief to which the complainant is found entitled under the law. 

3. Upon notice of this complaint, the opposite parties No. 1 & 2 appeared and filed written statement by taking preliminary objections interalia on the grounds of maintainability, no cause of action or locus-standi to file the present complaint, act and conduct etc. On merits, it is submitted that the connection bearing No. 3003263175 is installed in the name of complainant at his residence under DS Category on 8.12.2016. It is further submitted that the father of the complainant moved an application to the opposite parties to remove the electricity connection on 16.12.2017 and the opposite parties written a letter dated 29.12.2017 vide memo No. 1352 regarding the meter in question. The opposite parties again issued a notice vide memo No. 174 dated 7.2.2018 regarding the meter in question and after inquire the matter the opposite parties removed the electricity connection vide MCO dated 26.2.2018. All other allegations are denied and prayed for the dismissal of complaint. 

4. The opposite party No. 3 filed written reply by taking preliminary objections on the grounds of maintainability, no cause of action, act and conduct, concealment of material facts etc. It is further alleged that the property bearing No. 89-A, Gali No. 4, Sant Avenue, G.T. Road, Amritsar is owned by the opposite party No. 3. The complainant without the consent of the opposite party No. 3 got the electricity connection installed in his name in the property referred to above inconnivance with the his mother and sister. On merits, it is submitted that the alleged domestic connection is illegal and since the disinheritance of the complainant, he is left with no right to reside in the house which is belonging to the opposite party No. 3 exclusively and the complainant is residing in the house as trespasser. The complainant, his mother and sister are not under the control of opposite party No. 3 and due to act and conduct of the complainant, his mother and sister were disinherited by the opposite party No. 3 by way of affidavit dated 17.11.2014 through publication in the news paper dated 18.11.2014 in Daily Spokesman from all his movable and immovable properties. As such, there is no deficiency in service on the party of opposite party No. 3 and prayed for the dismissal of complaint. 

5. In support of his complaint, the complainant tendered into evidence his own affidavit Ex.CW-1/A, alongwith documents Ex.C-1 to Ex.C-9 and closed the evidence. 

6. To rebut the case of the complainant, the opposite parties No. 1 & 2 tendered into evidence affidavit of Sh. Vipan Kumar Ex.O.P1.2/1, copy of disconnection order Ex.O.P1.2/2, copy of application Ex.O.P1.2/3, copy of note Ex.O.P1.2/4, copy of application memo No. 260 dated 26.2.2018 Ex.O.P1.2/5, copy of letter Ex.O.P1.2/6, copy of letter dated 7.2.2018 Ex.O.P1.2/7, copy of letter dated 29.7.2017 Ex.O.P1.2/8, copy of application Ex.O.P1.2/9, copy of order CC No. 70/10172 dated 20.7.2017 Ex.O.P1.2/10, copy of letter dated 27.2.2018 Ex.O.P1.2/11, copy of affidavit Ex.O.P1.2/12, copy of sale deed Ex.O.P1.2/13 and closed the evidence. 

7. The opposite party No. 3 tendered into evidence affidavit Ex.O.P3/1 and copies of documents Ex.O.P3/2 to Ex.O.P3/23 and closed the evidence.   

8. We have heard the learned counsel for the parties and gone through the documents placed on record by the parties. 

9. It is alleged by the complainant that he is having domestic connection bearing No. 3003263175 in his name i.e. Guriqbal Singh in his resident in separate portion at House No. 89A, Gali No. 4, Sant Avenue, G.T. Road, Amritsar since 2014 and paying the bills regularly to the opposite parties without any delay. It is further alleged by the complainant that in fact the property in which complainant is residing belongs to his father Lakhwinder Singh son of Harbans Singh who is residing in the separate from the complainant, his mother and sister from the year 2014 due to family dispute. It is further alleged by the complainant that the father of the complainant filed a criminal complaint against the complainant his family members and official of the PSPCL(opposite parties No. 1 & 2) for disconnection of the above said meter, but the complaint was dismissed by the Hon'ble Court of Ms. Rajbir Kaur, JMIC, Amritsar at preliminary stage (as per Ex.C-6). The official of the opposite party No. 2 illegally and unlawfully and without serving any notice removed the electric meter of the complainant from his house on 26.2.2018. It is further alleged by the complainant that the complainant approached the office of opposite party No. 2 to restore the above said electricity connection but the same was not restored in spite of genuine requests of the complainant and they flatly refused to restore the same. 

10. As per opposite party No.2 the father of the complainant moved an application to the opposite party to remove the electricity connection/meter on 16.12.2017. Thereafter, the opposite party written to the complainant on 29.12.2017 vide memo No. 1352 regarding the meter in question. But the complainant has not file any written reply to the opposite party and thereafter the opposite party again issued a notice vide memo No. 174 dated 7.2.2018 regarding the meter in question and the complainant gave an written reply to the opposite party regarding the meter connection in question and after inquiry the opposite party removed the electric connection of the complainant vide MCO dated 26.2.2018. 

11. As per opposite party No. 3, the property bearing No. 89-A, Gali No. 4, Sant Avenue, G.T. Road, Amritsar is owned by the opposite party No. 3 and he is the lawful owner of the same which is his self acquired property. The complainant without the consent and knowledge  of the opposite party No. 3 got the electricity connection installed in his name in the property referred to above inconnivance with the officials of opposite parties No. 1 & 2. The complainant, his mother and sister are not under the control of the opposite party No. 3 and they are very disrespectful and disobedient towards the opposite party No. 3. It is further alleged by the opposite party No. 3 ultimately, compelled with the circumstances, on account of the aforesaid act, conduct and behaviour of the complainant, his mother and sister they all were disinherited by the opposite party No. 3 by way of affidavit dated 17.11.2014 through publication in the newspaper dated 18.11.2014 in Daily Spokesman from all his movable and immovable properties and on account of disinheritance of the complainant, he is left with no right to reside in the house which is belonging to the opposite party No. 3 exclusively and he was asked by the opposite party No. 3 to leave/vacate the portion in his occupation. It is further alleged by the opposite party No. 3 that an application filed by him to the opposite party No. 1 to remove the said illegal electric meter and take action against the guilty officials of the department and the opposite party No. 3 got disconnected the said connection. 

12. After going through the record of file it is clear that the complainant is the real son of opposite party No. 3 and the relation between both are not cordial. The opposite party No. 3 has leveled allegations of disobedience and misbehaviour against the complainant, his mother and sister by way of an affidavit dated 17.11.2014 (Ex.O.P3/3) and through publication in the newspaper dated 18.11.2014 in Daily Spokesman (Ex.O.P3/4). The opposite party No. 3 disinheritance the complainant, his mother and sister from all his movable and immovable properties. The complainant is lying alongwith his mother and sister in the same house but in a separate portion. There were two electric connections one in the name of Lakhwinder Singh and other in the name of Guriqbal Singh (complainant). On the application filed by the opposite party No. 3 to opposite party No. 1 the connection in the name of Guriqbal Singh was disconnected on 26.2.2018. As per the complainant various Civil Suits are pending in various Courts regarding the movable and immovable properties between the opposite party No. 3 and the complainant. The Commission is of the view that the electricity connection is dire need these days, so it is difficult to live without electricity. Moreover, as per Electricity Supply Instructions Manual-2107 clause 3.3.8 “domestic supply consumer may get more than one domestic supply connection in the same premises where family members/occupants living in a house have separate cooking arrangements”. Therefore, it is clear cut deficiency in service on the part of the opposite parties No. 1 & 2. 

13. In view of the above discussion, the present complaint is partly allowed against the opposite parties No. 1 & 2 and the opposite parties No. 1 & 2 are directed to restore the above said electricity connection/meter in the name of the complainant (Guriqbal Singh) in the same premises till they leave the house of their own or evicted by the orders of Competent Court. The opposite parties No. 1 & 2 are further directed to pay Rs. 3,000/- on account of compensation and Rs. 2,000/- on account of litigation expenses. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties 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 THE OPEN COMMISSION:

        16th Day of August, 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Navdeep Kumar Garg)

Member