27.1.2016
Present
For complainant Sh. Jagir Singh, complainant alongwith Sh.Abhinav Arora, Advocate counsel for the complainant.
For opposite parties Sh. Sukhdev Singh S.D.O alongwith Sh. R.R.Arora, Advocate assisted by Sh.M.P. Arora Advocate.
Complainant Jagir Singh has filed the present complaint under section 12 & 13 of the Consumer Protection Act, 1986 against Opposite Parties-PSPCL alleging deficiency of service on their part and claimed compensation amounting to Rs.50,000/- as well as Rs. 10,000/- as litigation expenses besides Rs.24,800/- being the costs of wire on account of mental & physical harassment caused to him.
Sh.R.R.Arora, Advocate appeared and filed written version and both the parties led their respective evidence and the case was at the final stage. However, both the parties have entered into amicable settlement. As per the record, previously Sukhdev Singh S.D.O P.S.P.C.L Fatehabad had made statement that he would try to solve the alleged problem of the complainant. Today, Sh.Sukhdev Singh, SDO, PSPCL, Division Tarn Tarn, Sub Division, Fatehbad has also made his separate statement stating that to solve the problem of fluctuation of the powers to the premises of the complainant, he has got approved the fresh estimate from the XEN concerned. According to this proposal/ estimate, the Opposite Parties would lay 340 meter best wire of 16/25 directly from the transformer of 100 KVA, to the premises of the complainant. He further stated that by doing so, the problem of fluctuation of power would be completely solved. He further stated that the Opposite Parties/ department will do the needful within one month from today. He further undertook that in case, the Opposite Parties fail to do the needful as per the proposal/ estimate, then the complainant would be at liberty to file the fresh complaint against the Opposite Parties with all relief permissible under law. Sh.Sukhdev Singh S.D.O P.S.P.C.L Fatehabad has placed on record thee proposal/ estimate as Ex.OP/X.
On the other hand, Sh.Jagir Singh complainant has also made separate statement for withdrawing the present complaint in view of the statement of Sh.Sukhdev Singh, SDO, PSPCL, Division Tarn Tarn, Sub Division, Fatehbad, however with liberty to file the fresh complaint if the problem of fluctuation of powers to his premises, is not solved within the stipulated period.
In view of the statement of both the parties recoded today separately, the complaint is dismissed as withdrawn. However, the parties would remain bound by their respective statements. The complainant is at liberty to file the fresh complaint on the same or fresh cause of action, if so advised, in accordance with law and he may claim all relief availed to him under law. However, keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of this order be supplied to the parties, free of cost as per rules and the file be consigned to record room.
Announced in open Forum.
Dated: 27.01.2016.
(J.S.Khushdil)
President
27.1.2016
(Jaswinder Kaur) (R.D.Sharma)
Member Member