| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No.514-14 Date of Institution:19-09-2014 Date of Decision:30-04-2015 Mohinder Pal son of Sh.Puran Chand, resident of Village: Birbar Pura, Tehsil: Majitha, District Amritsar. Complainant Versus Punjab State Power Corporation Limited, Sub Division Officer, Sub Division, Majitha-I, Amritsar. Opposite Party Complaint under section 11 and 12 of the Consumer Protection Act, 1986 as amended upto date. Present: For the Complainant: In person. For the Opposite Party: Sh. N.S.Sandhu, Advocate. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Sh.Mohinder Pal under the provisions of the Consumer Protection Act alleging therein that on 12.2.2014, the complainant applied for Tubewell Connection with Opposite Party and deposited Rs.600/- vide receipt No.7570/139 dated 12.2.2004. Complainant alleges that on 21.6.2005 he also deposited Rs.4500/- with Opposite Party vide receipt No. 88180/375 dated 21.6.2005 and also completed all the formalities with the Opposite Party. Again, as per the demand notice of the Opposite Party, the complainant also deposited Rs.31,919/- with Opposite Party. After depositing all the requisite fee, the Opposite Party told the complainant that the complainant has to arrange for pole, conductor, cable, which direction, the complainant had complied for. The Opposite Party has laid down the wire without pole which creates problems to the complainant and other persons and cattle. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to lay the wire through pole to avoid any mishap. Compensation and litigation expenses were also demanded.
- On notice, opposite party appeared and filed written version in which it was submitted that the Tubewell Connection was released to the complainant vide SCO No.56/22439 dated 22.10.2009 and the present complaint having been filed in the year 2014 which is time barred. Moreover, the connections are always released serial wise and when the serial of the complainant fell due, he was released Tubewell Connection and all the equipments required for making the said Tubewell Connection functional were installed and the connection is running on the spot. Said connection has been released to the complainant after completing all the departmental/ procedural formalities. While denying and controverting other allegations, dismissal of complaint was prayed.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C29 and closed the evidence on behalf of the complainant.
- Opposite Party tendered into evidence affidavit of Sh.Jasdeep Singh, SDO Ex.OP1, SCO dated 22.12.2009 and closed the evidence on behalf of the Opposite Party.
- We have carefully gone through the pleadings of the parties; arguments 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 Opposite Party.
- From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant applied for Tubewell Connection by depositing requisite fee vide receipt Ex.C2 on 12.4.2004 to the Opposite Party and on 21.6.2005 he also deposited Rs.4500/- with Opposite Party vide receipt No. 88180/375 dated 21.6.2005 and also completed all the formalities with the Opposite Party and the Opposite Party installed the Tubewell Connection of the complainant. The complainant also deposited Rs.31,919/- as per the demand notice vide two receipts of Rs. 25000/- and Rs.4419/-. The complainant also deposited Rs.1500/- for the extension of the period of demand notice. Complainant alleges that officials of the Opposite Party told to the complainant that the complainant has to make arrangement for cable for the installation of the Tubewell Connection as the Opposite Party has no stock of pole, conductor, cable, etc. Resultantly, the complainant arranged cable and the Opposite Party by laying the cable on the ground started the Tubewell Connection of the complainant. Thereafter, the complainant so many times requested Opposite Party to install the pole so that there could not be any mishap due to the wires lying on the ground. The complainant further alleges that the wires through the electric connection of the complainant with No.A.P.09/2933 has been installed, is lying with the fields on the ground which is likely to be damaged by water and there is possibility of short circuit and fire to the standing crop as well as it is also dangerous to human beings and the cattle who cross over the said wire lying on the ground, but the Opposite Party did not pay any heed to the request of the complainant for affixing the poles and passing the said wire over the poles which is now lying on the ground. complainant submitted that all this amounts to deficiency of service on the part of the opposite party.
- Whereas the case of the opposite party is that the complainant was released Tubewell Connection vide SCO No.56/22439 dated 22.10.2009 and all the equipments required for making the said Tubewell Connection functional were installed and the Tubewell Connection is running on the spot. Opposite Party denied that the complainant has incurred any expenses for installing the wire etc. as alleged by the complainant. The Opposite Party denied that the wires connected to Tubewell Connection were ever broken or damaged or any loss was caused to the complainant in any manner. The complainant is getting proper energy of electricity and his Tubewell Connection is running at the spot. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party.
- From the entire above discussion, we have come to the conclusion that the complainant applied for Tubewell Connection and deposited the requisite fee. Tubewell Connection was released to the customers serial wise and when the serial number of the complainant became due, he was released Tubewell Connection vide SCO No.56/22439 dated 22.10.2009 Ex.OP2. It is also admitted case of the parties that the Tubewell Connection is running at the spot. The dispute between the parties is that the complainant deposed on oath through affidavit Ex.C1 that Opposite Party has not installed any pole. The wire from the transformer to the tubewell of the complainant is lying on the ground and the complainant has approached Opposite Party so many times that as wire is lying on the ground, so there is every possibility that said wire may be destroyed/damaged by cattle passing over the wire. It is also dangerous to the human beings crossing over the same and the same may also cause havoc due to sparking as a result of which, the standing crop may catch fire, but the Opposite Party did not install any pole so that said wire could be passed over the pole which is now lying on the ground. Opposite Party is duty bound to pass the wire over the pole and not lay the same on the ground which is dangerous for the standing crop as well as human beings/ cattle crossing the wire.
- Resultantly, this complaint is disposed of with the directions to the Opposite Party to install the pole and pass the electric wire which is providing electricity to the Tubewell Connection of the complainant, over that pole, which is now lying on the ground as alleged by the complainant and not controverted by the Opposite Party. Opposite Party is also directed to complete this work of installation of pole and passing the wire on that pole, within one month from the date of receipt of copy of this order. Keeping in view the peculiar circumstances of the case, the 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. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 30-04-2015 (Bhupinder Singh) President hrg (Kulwant Kaur Bajwa) (Anoop Sharma) Member Member | |
