Complainant Amninder Singh has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to release the tubewell connection at the earliest. Opposite parties be further directed to pay Rs.50,000/- on account of causing mental and physical harassment and pecuniary loss to him, in the interest of justice.
2. The case of the complainant in brief is that he applied for the tubewell connection as per letter No.118/143, dated 24.1.2013 issued by the Punjab Govt./respondent no.1 and as per letter, it was mentioned that Farmers who had land between 2.1/2 acre to 5 acre and having no other tubewell connection and it was recommended that as per this scheme, the tubewell connection will be issued to the Farmers on priority. Under this scheme on 11.2.2013 he deposited Rs.1,000/- vide receipt no.400 for issuing of tubewell connection in his name vide file no.1884 deposited at Sub Division Dorangla. The opposite parties had issued 398 connections under this scheme upto 3.6.2019, but he despite various requests has not been issued the tube well connection by the opposite parties despite the fact that he has completed all the formalities for issuing of tubewell connection. He has next pleaded that he moved an application under the RTI Act regarding getting status of his tubewell connection and the opposite parties i.e. Assistant Engineer Dorangla replied and in their reply, they admitted the fact that till today, his application is still pending. Even he has deposited his file in the year 2013 and after a lapse of seven years the opposite parties have failed to release tubewell connection. He has further pleaded that as per scheme the last date to apply was 25.1.2013 but later on vide Memo No.118/143 dated 24.1.2013, the date was extended upto 28.2.2013 and since then he is continuously visiting the office of opposite parties but all in vain. Thus, there is deficiency in services on the part of the opposite parties. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint filed by the complainant is not maintainable; the complainant has got no locus standi to file the present complaint and the complainant has filed a false, frivolous and vexatious complaint by concealing the true facts from this Hon'ble Forum and as such the complainant is liable to be burdened with special costs. On merits, it was submitted that complainant has applied for Tubewell connection vide application No.1884 dated 11.02.2013 on the basis of Commercial Circular No.02/2013 dated 08.01.2013 and clarification vide letter No.118/143 dated 24.01.2013 issued in continuation of Commercial CircularNo.34/2011. It has been clearly mentioned in the letter that as per approved Guidelines of Punjab Govt. cutoff date of demanding applications is extended, as such undertaking from all the persons who had applied under General Category having agriculture land 2.5 Acres to 5 Acres is necessary. On the basis of above mentioned clarification, Power Com has issued Commercial circular No.21/2013 dated 09.04.2013, 32/2013 dated 11.06.2013 and 05/2014 dated 17.02.2014 in which cutoff date for releasing of connections for applicants having agriculture land measuring 2.5 Acres to 5 Acres has been fixed as 31.03.2007, therefore connection to the complainant has not so far been released. The application of the complainant has not yet fallen within stipulated period as per guidelines for releasing AP connections. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Alongwith the complaint, complainant has filed his own affidavit alongwith other documents Ex.C-1 to Ex.C-16.
5. Alongwith the written statement ld.counsel for the opposite parties filed affidavit of Sh.Jatinder Kumar, SDO PSPCL Ex.OP-1 alongwith documents Ex.OP-2 to Ex.OP-7.
6. Rejoinder filed on behalf of complainant.
7. Written arguments not filed by the parties.
8. We have carefully gone through the pleadings of counsel for the complainant; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.
9. As detailed above the complainant in his complaint alleged that opposite party has not released his tubewell connection against the application registered vide file No.1889 dated 11.2.2013 (Ex.C-4). He has placed on record the copy of the receipt No.400 for depositing the amount of Rs.1000/- as security at Ex.C-1.
It is further pleaded by the complainant that he has applied for Tubewell connection as per letter No.118/143 dated 24.1.2013 (Ex.C-2) which is for release of Tubewell connection to the applicants having land holding of 2.5 to 5.00 acre and options/undertaking in this regard was to be submitted by 28.2.2013.He has also submitted an undertaking to the department also in this regard before the said date. It is also mentioned that opposite party has released 398 connections to other applicants.
10. Opposite parties in their written reply stated that as per latest instructions of department vide CC No.5/14 dated 17.2.2014, cutoff date of application already registered for release of tubewell connections is 31.3.2007 and as per letterNo.118/143 dated 24.1.2013 the last date of for submission of option/undertaking was extended upto 28.2.2013, but it for those applicants who has already applied before 31.3.2007. It is further pleaded by opposite party that the tubewell connection of the applicant could not be released as the application of the complainant is registered on 11.2.2013 i.e. after 31.3.2007.
11. From the above facts of this case, it is apprehended that this policy for release of tubewell connection for those farmers having land upto 5.0 acre has been newly introduced in 2013. So new aspirants of tubewell connections was not aware of it otherwise they could have applied/registered their application before time.
12. The complainant has applied for the connection after the launch of this policy and submitted the required documents before the closing date. Complainant has also apprised during the arguments that he has no source of irrigation for this 5.0 acre land and facing very hardship to irrigate their crop.
13. In view of the above, we deem it appropriate that complainant is a marginal farmer and very much in need of tubewell connection and department must consider his case to resolve his hardships and necessity of tubewell connection to facilitate him to irrigate his agriculture land for his livelihood. Hence, the present complaint can be best disposed off by giving directions to opposite parties.
14. As such opposite party is hereby directed to process the case of the complainant for extension of cutoff date by the date of application of the complainant under 2.5 to 5.0 acre land policy to release the tubewell connection of the complainant.
Complainant is also directed to submit all the relevant documents to opposite parties if required.
Complaint is disposed off accordingly with no order as to costs.
15. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
16. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (B.S.Matharu)
November 23, 2022 Member
*MK*
