Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.       The complainant through has attorney has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that  the complainant is the small scale agriculturist having his small piece of agricultural land at village: Gumanpura and the complainant applied for tubewell connection in the year 1993 as per ADA No.18623/3-11-93 in the office of Opposite Party and as per the requirement of the complainant, the Opposite Party  issued revised demand notice vide memo No. 294 dated 10.2.2016 and accordingly, the complainant deposited Rs.45000/- vide receipt No. 228 with Opposite Party  and thereafter, the complainant requested the Opposite Party  to install the tube well connection as he has complied with all the formalities as required for it, but the Opposite Party  is lingering on the matter on one pretext to the other  and finally refused to accede the request of the complainant.  Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Party  be directed to install the tubewell connection as per the requirement of the complainant.

b)      Opposite Party  be directed to pay compensation of Rs.50,000/- on account of mental harassment and

c)       Rs.10,000/- as litigation expenses.

d)      Any other relief to which this Forum may deem fit be also granted. Hence, this complaint.

2.       Upon notice, Opposite Party  and contested the complaint by filing  written statement taking preliminary objections therein inter alia that  the present complaint is not legally maintainable; that the complainant has concealed the material facts from this Forum. In fact, the land where the connection in question to be installed is the joint one and the proceeding and  litigation with regard to the partition and civil suit are pending between the co-owners and complainant and the proceedings of partition is pending before Naib Tehsildar, Attari, but all these facts have been concealed by the complainant from this Forum. On merits, it is admitted as correct that the complainant has applied for tubewell connection and the amount for the connection has already been deposited by the complainant. It is further mention that the other parties being co-owner of the land where the connection to be installed had moved an application with objection for not installing the tubewell connection in the land till finalisation of the proceedings of the partition. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.

3.       In his bid  to prove the case, complainant tendered into evidence  affidavit Ex.C-1 in support of the allegations made in the complaint and also produced copies of documents Ex.C2 to Ex.C12  and closed his evidence.

4.       On the other hand, to rebut the evidence of the complainant, the Opposite Party tendered into evidence the affidavit of Sh.Hargobind Singh, SDO Ex.OP1 alongwith copies of documents Ex.OP2 to Ex.OP9            and closed the evidence on behalf of the Opposite Party.

5.       We have heard the ld.counsel for the parties and have carefully gone through the evidence on record.

6.       Ld.counsel for the complainant has reiterated the averments as narrated in the complaint and argued that the complainant is the small scale agriculturist having his small piece of agricultural land at village: Gumanpura and the complainant applied for tubewell connection in the year 1993 as per ADA No.18623/3-11-93 in the office of Opposite Party and as per the requirement of the complainant, the Opposite Party  issued revised demand notice vide memo No. 294 dated 10.2.2016 and accordingly, the complainant deposited Rs.45000/- vide receipt No. 228 with Opposite Party  and thereafter, the complainant requested the Opposite Party  to install the tube well connection as he has complied with all the formalities as required for it, but the Opposite Party  is lingering on the matter on one pretext to the other  and finally refused to accede the request of the complainant.

7.       On the other hand, ld.counsel for the Opposite Party  has repelled the aforesaid contention of the ld.counsel for the complainant on the ground that  the land where the connection in question to be installed is the joint one and the proceeding and  litigation with regard to the partition and civil suit are pending between the co-owners and complainant and the proceedings of partition is pending before Naib Tehsildar, Attari, but all these facts have been concealed by the complainant from this Forum. But however, it is admitted as correct that the complainant has applied for tubewell connection and the amount for the connection has already been deposited by the complainant. It is further mention that the other parties being co-owner of the land where the connection to be installed had moved an application with objection for not installing the tubewell connection in the land till finalisation of the proceedings of the partition. But during the course of arguments, ld.counsel for the complainant  has made statement  that the tubewell for which the complainant is demanding relief for installing the electricity connection is to be installed in Khasra No. 55/8 of village: Ghumanpura, Tehsil & District Amritsar and in case in partition proceedings, if khasra No. 55/8 do not come in the share of the complainant, then an aggrieved person has a right to shift the tubewell connection from the above said khasra number.

8.       It is not the denial of the facts that   the complainant applied for tubewell connection in the year 1993 as per ADA No.18623/3-11-93 in the office of Opposite Party and as per the requirement of the complainant, the Opposite Party  issued revised demand notice vide memo No. 294 dated 10.2.2016 and accordingly, the complainant deposited Rs.45000/- vide receipt No. 228 with Opposite Party  and thereafter, the complainant requested the Opposite Party  to install the tube well connection as he has complied with all the formalities as required for it, but the Opposite Party  has not released the tubewell connection to the complainant. But on the other hand, the case of the Opposite Party  is that the land where the connection in question to be installed is the joint one and the proceeding and  litigation with regard to the partition and civil suit are pending between the co-owners and complainant and the proceedings of partition is pending before Naib Tehsildar, Attari and in this regard, the Opposite Party  has produced the copy of the civil court petition on the record. But however, in the interest of justice and in view of the statement made by ld.counsel for the complainant, we pass an order that the tubewell for which the complainant is demanding relief for installing the electricity connection is installed in Khasra No. 55/8 of village: Ghumanpura, Tehsil & District Amritsar and in case in partition proceedings, if khasra No. 55/8 does not come in the share of the complainant, then an aggrieved person has a right to shift the tubewell connection from the above said khasra number. The complainant is disposed of accordingly.  Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated: 05.06.2017.