DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No.248 of 16.6.2016
Decided on: 13.7.2017
Amrinder Singh, aged about 24 years son of Sh. Gurdev Singh, resident of village Sadh Majra P.O.Harchandpura, Tehsil Patran, District Patiala.
…………...Complainant
Versus
- The Assistant Engineer, Sub Division Badshahpur, Punjab State Power Corporation Ltd.,Tehsil Samana, District Patiala.
- The Managing Director, Punjab State Power Corporation Ltd., The Mall, Patiala.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.R.S.Lakhanpal,Advocate,counsel for complainant.
Sh.P.S.Walia,Advocate,counsel for opposite parties.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Amrinder Singh, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) . The brief facts of the complaint are as under:
2. That the complainant applied for A&A No.214 dated 22.2.2013,BA16 No.355/7736 dated 22.2.2013, on the basis of the priority under 1 to 2.5.Acres of land scheme for new tubewell connection and deposited Rs.200/-as E.I.fees.An amount of Rs.2000/- was also deposited by him as security of the said electric tubewell connection. He received demand notice bearing No.1239 dated 19.2.2014 from OP no.1 for load of 10KW single three phase 230/1000/11000 voltage alongwith terms and conditions of the same. In compliance with the demand notice, the complainant completed all the formalities .The estimate of Rs.96,626/- was prepared for installing the said connection. It is stated that the said estimate was got approved by SDO,Sub Division Samana vide memo No.1763/EB-27 dated 9.3.2016, wherein the estimate of Rs.96,625/- was given and the same was sent to Assistant Engineer, Sub Division Badshahpur and recommended for the electric tubewell connection after fulfilling the entire formalities. The complainant also submitted all the requisite documents but the OPs did not release the electric tubewell connection. No reason has been explained by the OPs for not releasing the aforesaid connection. He also got served a legal notice upon the OPs but of no use. He came to know from his own source that the OPs are not releasing the electric tubewell connection for want of ownership of the complainant on the land. It is stated that he had been cultivating the land from the long period as a permanent tenant of the land in question being gair maroosi. Hence he is entitled for the release of the tubewell connection. The act and conduct of the OPs in not releasing the electric connection for tubewell is arbitrary, null and void and not justified. It amounted to deficiency in service on the part of the OPs which also caused mental agony, physical harassment as well as monetary loss to the complainant. Hence this complaint with a prayer for a direction to the OPs to release the electric connection for tubewell. They may also be directed to pay Rs.50,000/-as compensation alongwith anyother relief which this Forum may deem fit.
3. On being put to notice, the OPs appeared and filed the written version. It is admitted that the complainant applied for installing new electric connection for tubewell. It is stated that the complainant was asked to submit revenue record showing his ownership of the land in which the tubewell connection was to be given but he failed to do so. It is further stated that as per Jamabandi submitted by the complainant, Akhara Dharamdhaja Sadhan Nirmla is the owner of the land and even in the affidavit submitted by him, he has deposed that he is only cultivating the land . He was made to understand that without showing the proof of ownership of the land, the connection could not be released. There is no deficiency of service on the part of the parties. After denying all other averments made in the complaint, prayer was made to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence, affidavit of the complainant,Ex.CA, affidavit of Avtar Singh, Ex.CB alongwith documents Exs.C1 to C20 and closed the evidence.
The ld. counsel for the OPs tendered in evidence Ex.OPA affidavit of Er.Sukhraj Singh, AEE and closed the evidence.
5. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
6. The ld. counsel for the complainant has submitted that the complainant applied for an electric connection for tubewell under priority category. On receipt of demand notice no.214 dated 22.2.2016 , Ex.C4, he completed all the requisite formalities but the electric connection for tubewell has not been released by them till yet.
7. The ld. counsel for the OPs has submitted that since the complainant has applied for electric connection for tubewell in priority category, therefore, as per condition No.13.7 of the Electric Supply Instruction Manul,2010, it was required to submit a copy of Fard of the land where tubewell connection is to be installed, to show that he is the owner of the said land . Vide demand notice dated 26.6.2013, Ex.C5, the complainant was asked to furnish the latest Fard of the land owned by him or if there are more than one owner of the said land, then the applicant shall furnish the ‘No Objection certificate’ of the other co-owners. From the Fard submitted by the complainant with the Ops, it is evident that Akhara Dharamdhaja Nirmalasadha is the owner of the land. Therefore, he is not entitled to get the electric connection for tubewell on the said land.
8. Admittedly complainant applied for electric tubewell connection under priority category with the OPs. As per condition no.13.7 Regulations of priorities for Agriculture consumers, of the Electricity Supply Instruction Manual,2010, which reads as under:
- ………………..
- The Priority will be admissible to the person who owns land in his name or has taken Govt.land on 99 years lease except religious/charitable institutions which will be required to submit a copy of ‘Fard’ of the land where tube well connection is to be installed authencitcating the ownership of the land”.
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Vide demand notice dated 22.2.2013, Ex.C4, the Ops asked the complainant to furnish the latest Fard to show that he is the owner of one acre of more than one acre of land and if there are more than one owner said land, then he shall furnish No Objection Certificate of the other co-owners. From the Fard/jamabandi , Ex.C17, it is evident that Akhara Dharamdhaja Nirmalasadha is the owner of the land and complainant is cultivating the said land as gair maroosi. In the affidavit Ex.CA, furnished by the complainant, in para no.7, he has deposed that he had been cultivating the land for a long time as a permanent tenant of the land in question, thus is entitled to get the tubewell connection. Since the land owned by Akhara Dharamdhaja Nirmalasadha has been taken by the complainant on lease, therefore, as per term No.13.7 of the Electricity Supply Instruction Manual, he is entitled to get the electric connection for tubewell, provided he fulfills all other requisite formalities.
9. In view of the aforesaid discussion, we allow the complaint partly and OPs are directed to release the electric connection to the complainant as applied for by him, provided he fulfills all other requirements, within a period of two months from the date of the receipt of the certified copy of the order. Parties are left to bear their own cost. Certified copies of the order be sent to the parties free of cost under the Rules.Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 13.7. 2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
