DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB. 

 

Complaint Case No : CC/185/2022

Date of Institution : 03.08.2022

Date of Decision : 07.02.2024

Amarjit Dass son of Sh. Bachan Dass resident of Sandhu Patti, Sekha, Tehsil and District Barnala, Punjab.

                   …Complainant

Versus

1. Punjab State Electricity Board, now Punjab State Power Corporation Limited, The Mall, Patiala through its Managing Director. 

2. Executive Engineer, Punjab State Power Corporation Limited, Barnala.    

                …Opposite Parties

Complaint Under The Consumer Protection Act.

Present: Sh. GS Kalia Adv counsel for complainant.

Sh. SK Kotia Adv counsel for opposite parties.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2. Smt Urmila Kumari : Member

(ORDER BY URMILA KUMARI MEMBER):

    The complainant namely Amarjit Dass has filed the present complaint under the Consumer Protection Act against Punjab State Power Corporation Limited & another. (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant in the year 2007 applied for a new electricity AP connection of motor of 7 HP electricity power and paid a sum of Rs. 1,500/- as fee/ charges/security vide receipt No. 122 dated 12.4.2007.  After waiting for three months the complainant approached the opposite parties for getting the said electricity motor connection upon which the opposite party No. 2 told that the employees of the opposite parties would install the said connection very soon but no connection was installed by the opposite parties. Then again after a long period the complainant approached the opposite parties to get the said motor connection then the opposite parties assured the complainant again but lingering the matter on with one pretext or the other. The opposite party No. 2 told the complainant that they would issue a demand notice to the complainant and since that day the complainant has been waiting for the said demand notice for the said motor connection but opposite parties did not do the needful inspite of many visits made by the complainant and ultimately on 30.7.2022 the opposite parties flatly refused to install the new connection. The act of the opposite parties is not only deficiency in service but also unfair trade practice. The complainant also got served one legal notice through his Advocate but with no result. Hence, the present complaint is filed for seeking the following reliefs.- 

1) The opposite parties be directed to install the new 7 HP electricity motor connection. 

2) To pay compensation of Rs. 1,00,000/- on account of physical and mental harassment. 

3) To pay Rs. 30,000/- as litigation expenses.

4) Any other relief, which this Commission may deems fit. 

3. Upon notice of this complaint the opposite parties appeared and filed written version by taking legal objections interalia on the grounds that the complainant has only less than five acres of land and already get a electric motor connection as per the order of the District Consumer Disputes Redressal Forum, Barnala vide consumer complaint No. CC/74/2019 dated 13.6.2019 decided on 26.11.2019 so the complainant is estopped from filing the present complaint. The present complaint is not maintainable and complainant concealed material facts and it is bad for mis joinder of necessary parties. The complainant has not filed the present complaint with clean hands and filed the same just to harass the opposite parties.  

4. On merits, it is admitted that complainant in the year 2007 applied for a new electricity connection of motor for 7 HP electricity power with the opposite party No. 2. The complainant have only less than five acres of land and already get a electric motor connection as per the order of this Commission dated 26.11.2019 mentioned above. It is further submitted that as per Commercial Circular No. 44/2015 issued by the Punjab State Power Corporation Limited, Office Engineer-in-Chief/ Commercial, Patiala the cut off date of applicants having land holding up to 5 acres and having a tubewell connection is 01.01.1992. So, as per the said circular the complainant is not entitled to get any relief as prayed for. Rest of the allegations of the complainant are denied by the opposite parties and lastly prayed for the dismissal of present complaint with costs. 

5. In support of his complaint, the complainant tendered into evidence copy of Aadhaar Card of complainant Ex.C-1, copy of receipt Ex.C-2, copy of legal notice Ex.C-3, postal receipts Ex.C-4 and Ex.C-5, copy of RTI Ex.C-6, affidavit of complainant Ex.C-7 and closed the evidence. Rejoinder also filed by the complainant. 

6. To rebut the case of the complainant, the opposite parties tendered into evidence affidavit of Krishan Gopal posted as SDO PSPCL Ex.O.Ps-1, copy of letter No. 44/2015 Ex.O.Ps-2, copy of order dated 26.11.2019 Ex.O.Ps-3 and closed the evidence.    

7. We have heard the learned counsel for the parties and gone through the record on the file.

8. Learned counsel for the complainant contended that the complainant in the year 2007 applied for a new AP connection of 7 HP motor and deposited a sum of Rs. 1,500/- as fee/charges/security vide deposit receipt No. 122 dated 12.4.2007 with the opposite parties. He further contended that instead of many visits to the office of the opposite parties no demand notice was issued to the complainant and on 30.7.2022 the opposite parties flatly refused to install the new connection. 

9. In the written version the opposite parties have alleged that the complainant has less than 5 acres of land and already has a electric motor connection as per the orders of District Consumer Disputes Redressal Commission, Barnala vide Consumer Complaint No. CC/74/ 2019 dated 13.6.2019 and decided on 26.11.2019. The opposite parties have relied upon the Commercial Circular No. 44/2015 dated 16.12.2015 in which cut off dates of releasing AP connections for different categories have been defined Ex.OP-2. The complainant has not mentioned in his complaint the category for which the connection has been applied by him. 

10. On going through the contents of the complaint and reference made by the opposite parties it has been observed that the Complaint No. CC/74/2019 dated 13.6.2019 and decided on 26.11.2019 is in the name of Amarjit Singh son of Bachan Singh and present complaint No. CC/185/2022 is in the name of Amarjit Dass son of Bachan Dass. In both the complaints the address is the same “Sandhu Patti, Sekha, Tehsil and District Barnala.” As per Ex.C-1 Aadhaar Card is in the name of Amarjit Dass son of Bachan Dass. 

11. In reply to the information sought by Amarjit Dass under RTI Act the Senior XEN vide letter No. 1366 dated 9.6.2022 had written that the cut off date of demand notice for General Category is 1.1.1992 Ex.C-6. As per circular No. 44/2015 dated 16.12.2015 Ex.OP-2 cut off date for releasing AP connections for General Category is 1.1.1998 for land up to 1 acre to 2.5 acres, 1.1.1996 for land up to 2.5 acres to 5 acres and 1.1.992 for more than 5 acres. The connection applied by the complainant is on 12.4.2007 which does not fall under any of the above category dates. 

12. In view of the above discussion, there is no deficiency in service or unfair trade practice on the part of the opposite parties so the  present complaint is dismissed. No order as to costs or compensation. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       7th Day of February 2024

 

 

        (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member