BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.400-14

Date of Institution:24-07-2014

Date of Decision:31-03-2015

Om Parkash Trikha son of Sh.Tilak Raj, resident of 20, New Sant Avenue, G.T.Road,  Near Alpha One Mall, G.T.Road, Amritsar and all the residents of New Sant Avenue, G.T.Road, Amritsar.

Complainant

Versus

Punjab State Power Corporation Limited, Chief Engineer, PSPCL Border Range, Ajnala Road, Amritsar.   

Opposite Party

Complaint under the Consumer Protection Act.

Present: For the Complainant:  In person.

              For the Opposite Party: Sh.N.S.Sandhu, Advocate

Quorum:

Sh.Bhupinder Singh, President

Mr.Anoop Sharma, Member     

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Om Parkash Trikha under the provisions of the Consumer Protection Act alleging therein that on 26^th June, 2013, he alongwith other residents of New Sant Avenue, G.T.Road, Amritsar made a written complaint to Deputy Chief Engineer, City Circle, PSPCL, Hall Bazar, Amritsar regarding the constant problem of low and fluctuation of voltage being  faced by the residents of New Sant Avenue, G.T.Road, Amritsar for several years with a request to rectify the same and install a new  transformer  in the area. Complainant alleges that they met all the officers of PSPCL from time to time for the rectification of the problem, but no concrete action was taken by them. On 27.3.2014, the complainant dropped a RTI application before Public Information Officer, PSPCL, Amritsar. In reply to that application, the Opposite Party stated  that a new  transformer  of 200 KV has already been installed in the colony and rest of the work is being done by L & T under APDRP which is to be completed by 2016. Now a new transformer has been installed, but Opposite Party is not willing to connect the supply through the transformer for the reasons best known to them.  Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to start the electric supply from the new  transformer immediately and to give due compensation to each consumer as per  to the standard of performance for deficiency in service.   Compensation and litigation expenses were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submitted that the complainant has filed the present complaint in representative capacity on behalf of the residents of area. Under the law, the complainant is bound to take prior permission of the court to file the complaint in representative capacity which has not been taken by the complainant, therefore, the complaint is liable to be dismissed on this score.  There is no fluctuation of voltage as the transformer  from where the complainant is getting supply is already under load. There exists 100 KVA transformer known as ‘Bhullarwala Rajinder Nagar Transformer’ and the load  of NRS and DS connections on this transformer is 247.57 KW and as per  rules, the load of all NRS and DS category connections is divided by three and thus after dividing the load of 247.57 KW by 3, the load on this  transformer comes to 82.53 KW and thus the load on this transformer is under load. However, in public interest and for the convenience of the public, the Opposite Party has installed another transformer of 200 KVA  and the load to the extent of 35.60 KW has been put on this transformer and the same has been energized on 10.8.2014. The connection of the complainant has also been connected with this new transformer and thus, the complaint of the complainant has become infructuous. There is no fluctuation or any sort of inconvenience to the complainant or any other resident of the area.    While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C15 and closed the evidence on behalf of the complainant.
4. Opposite Party tendered into evidence affidavit of Sh.Darbari Lal, SDO Ex.OP1 alongwith documents Ex.OP2 and  Ex.OP3 and closed the evidence on behalf of the Opposite Party.
5. 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 the Opposite Party.
6. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant is consumer of electricity being resident of New Sant Avenue, G.T.Road, Amritsar. Complainant alleges that there is constant problem of low and fluctuation of voltage being  faced by the residents of the colony i.e. New Sant Avenue, G.T.Road, Amritsar since long back and in this regard, he approached Deputy Chief Engineer, City Circle, PSPCL, Hall Bazar, Amritsar  with request to rectify the aforesaid problems and install a new transformer in the area. They also met other officers of PSPCL in this regard, but Opposite Party did not rectify the aforesaid problem. The complainant also submitted  application under RTI to  Public Information Officer, PSPCL, Amritsar and the Opposite Party stated in the reply that a new  transformer  of 200 KV has already been installed in the colony and rest of the work is being done by L & T under APDRP which is to be completed by 2016. Complainant alleges that  a new transformer has been installed almost a month back, but the Opposite Party is not willing to connect the supply through that transformer to the complainant and other residents of that area. The complainant and other residents of the colony requested the officers of the Opposite Party in this regard, but all in vain and as such, the complainant and other residents of the locality have been suffering from the problem of low voltage and fluctuation. The complainant submitted that all this amounts to deficiency of service on the part of the opposite party.
7. Whereas the case of the opposite party is that the present complaint has become infructuous. The complainant has filed this  complaint in representative capacity on behalf of the residents of area and as such, he  was bound to take prior permission of this Forum to file the complaint in representative capacity which has not been taken by the complainant, therefore, the complaint is liable to be dismissed on this ground. Opposite Party submitted that no such written complaint was received by the Opposite Party from any residents of the area. There is no fluctuation of voltage as the transformer  from where the complainant is getting supply is already under load. There exists 100 KVA transformer known as ‘Bhullarwala  Rajinder Nagar Transformer’ and the load  of NRS and DS connections on this transformer is 247.57 KW and as per  rules, the load of all NRS and DS category connections is divided by three and thus, after dividing the load of 247.57 KW by 3, the load on this  transformer comes to 82.53 KW and thus the load on this transformer is under load. However, in public interest and for the convenience of the public, the Opposite Party has installed another transformer of 200 KVA as shown in the map Ex.OP3  and the load to the extent of 35.60 KW has been put on this  and the same has been energized on 10.8.2014. The connection of the complainant has also been connected with this new transformer. There is no fluctuation or any sort of inconvenience to the complainant or any other resident of the area. Ld.counsel for the opposite party, therefore, submitted that there is no deficiency of service on the part of the opposite party.
8. From the entire above discussion, we have come to the conclusion that the complainant is consumer of electricity vide account No.C38SN58/1026P having sanctioned load of 4.86 KW. Complainant submitted that he as well as other residents of the locality of New Sant Avenue, G.T.Road, Amritsar, were suffering from constant problem of  low and fluctuation of voltage. They requested the Opposite Party to rectify this problem vide letter Ex.C4, but the Opposite Party did not pay any heed to the request of the complainant. Then, the complainant filed an application under RTI Ex.C5 and in reply thereof Ex.C6, the Opposite Party submitted that new  transformer of 200 KVA has been installed in their colony whereas the rest of the work is being done  by  L & T under APDRP. Plea of the complainant is that even though new  transformer has been installed, but the Opposite Party is not going to connect the supply of the residents of the locality through that  transformer. Whereas the Opposite Party has produced on record the entire load data of 100 KVA transformer known as ‘Bhullarwala Rajinder Nagar Transformer’ Ex.OP2 which proves that the load of NRS and DS connections on this transformer is 247.57 KW and as per  rules, the load of all NRS and DS category connections is divided by three and thus after dividing the load of 247.57 KW by 3, the load on this  transformer comes to 82.53 KW only. As such, the load on this transformer is under load. However, the Opposite Party  in public interest and for the convenience of the public, has installed another transformer of 200 KVA  as shown in the map Ex.OP3 and   the load to the extent of 35.60 KW has been put on this transformer which has been  energized on 10.8.2014.
9. Not only this, ld.counsel for the Opposite Party has alleged that the residents of this locality i.e. New Sant Avenue, G.T.Road, Amritsar have been using much more energy/ electricity than their sanctioned loads. They were not allowing the officers/ officials of the Opposite Party to conduct checking. Resultantly, this Forum directed the complainant and the  residents of the locality to allow the officers/ officials of the Opposite Party to check the loads i.e. the load sanctioned to the residents of the locality and the load they have been using. Consequently, the officers/ officials of the Opposite Party made checking of the load of every individuals/ consumers of that locality and they found that most of the residents of that colony have been using electricity more than the sanctioned load and in this regard, Opposite Party has produced load checking detail of New Sant Avenue, G.T.Road, Amritsar which proves that Sukha Singh having account No.C44SN58/0278A had sanctioned load 3 KW, but was using electricity to the extent of 7.24 KW. Similarly, Iqbal Kaur having account No.C38SN58/0275F had sanctioned load 2 KW, but was using electricity to the extent of 5.515 KW. Similarly, Balwant Singh having account No.C44SN58/0279A had sanctioned load 2.86 KW, but was using electricity to the extent of 7.100 KW. Similarly, Sulakhan Singh having account No.C44SN58/0722L had sanctioned load 3.96 KW, but was using electricity to the extent of 4.526 KW. Similarly, Om Parkash Trikha complainant having account No.C38SN58/1026P had sanctioned load 4.86 KW, but was using electricity to the extent of 5.274 KW. All Checking reports dated 25.3.2015 in this regard have duly been signed by the consumers and have been produced by the Opposite Party in this case.  So, all this shows that even conduct of the complainant and other residents of the locality is not fair, but inspite of that, the Opposite Party has already installed another transformer of 200 KVA in the locality for the convenience of the public i.e. residents of the locality as shown in he map Ex.OP3 which has already been energized on 10.8.2014. As such, now there is no fluctuation or  voltage problem being faced by the complainant and other residents of the locality i.e. New Sant Avenue, G.T.Road, Amritsar.
10. Resultantly  we hold that the complaint is without merit and the same is hereby dismissed with no order as to 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: 31-03-2015.                                          (Bhupinder Singh)                                                                                                President

hrg                                                                     (Anoop Sharma)

                                       Member

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