DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 1088/2015
Date of Institution : 23.10.2015
Date of Decision : 05.07.2016
Gurdip Singh s/o Sd. Amrik Singh, Gali No. 5, Patti Road, Barnala, Tehsil and District Barnala.
…Complainant
Versus
1. Punjab State Power Corporation Ltd., through its Addl. S.E (Sub Urban), Dhanaula Road, Barnala.
2. Punjab State Power Corporation Ltd., through its Sub Divisional Officer, Sub Urban Sub Division, Dhanaula Road, Barnala, District Barnala.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. RK Jain counsel for complainant.
Sh. SK Kotia counsel for opposite parties.
Quorum.-
1. Shri S.K. Goel : President.
2. Shri Karnail Singh : Member
3. Ms. Vandna Sidhu : Member
ORDER
(SHRI S.K. GOEL PRESIDENT):
The complainant namely Gurdip Singh has filed the present complaint under the Consumer Protection Act, 1986 (in short as Act) against Punjab State Power Corporation Limited and others (in short as opposite parties).
2. The case of the complainant is that he purchased a residential plot vide sale deed No. 2873 dated 3.10.2012 and constructed a house on it. It is alleged that the complainant applied for a domestic power connection from the opposite parties after completing all the necessary formalities. It is further alleged that the opposite parties after necessary inspection got deposited an amount of Rs. 1,045/- vide BA-16 receipt No. 497 book No. E 11390 dated 3.6.2013. After the payment of the said charges the opposite parties assured the complainant to release the connection in short time. It is further alleged that the opposite parties directed the complainant to bring a certificate from the Municipal Council and the complainant provided the same vide certificate No. 5337/B dated 15.10.2014. Thereafter, the opposite parties asked a certificate from the concerned Panchayat about “No Objection” for the release of the connection which was also supplied to the opposite parties vide certificate of the Sarpanch dated 19.6.2015. However, the opposite parties have not released the electric connection till today. It is also alleged that the opposite parties have already issued connections in the close vicinity of the house of the complainant. Thus, it is alleged that the act of the opposite parties amounts to unfair trade practice and deficiency in service. Due to the act of the opposite parties the complainant has suffered harassment, tension and mental agony. Hence the present complaint is filed seeking the following reliefs.-
1) The opposite parties be directed to release the electric connection to the premises of the complainant.
2) To pay consolidated compensation of Rs. 75,000/- on account of mental agony, tension and harassment.
3) To pay Rs. 5,500/- as litigation expenses.
3. Upon notice of this complaint, the opposite parties appeared and filed a joint written version interalia taking legal objections on the grounds that complainant has no locus standi or cause to file the present complaint, complaint is not maintainable and complainant has not come to this Forum with clean hands and has concealed the material facts.
4. On merits, it is alleged that the premises of the complainant is situated in a colony which is still unapproved and as such as per the instructions of the Punjab Government the electricity connection cannot be issued in such premises. The opposite parties have also denied any unfair trade practice or deficiency in service on their part. They have also denied the other allegations of the complainant and finally prayed for the dismissal of the present complaint.
5. In order to prove his case, complainant has tendered into evidence his affidavit Ex.C-1, copy of sale deed Ex.C-2, copy of receipt Ex.C-3, copy of certificate issued by the Municipal Council, Barnala Ex.C-4, copy of NOC Certificate Ex.C-5, copy of receipt Ex.C-6 and closed the evidence.
6. To rebut the case of the complainant the opposite parties have tendered into evidence affidavit of Sukhchain Singh, SDO Ex.OP-1, copy of regulation Ex.OP-2 and closed the evidence.
7. We have heard the learned counsel for the parties and have gone through all the record on the file carefully.
8. The sole controversy in this case is whether the complainant is entitle to the electric connection for his premises. In order to prove his case the complainant has placed on record his affidavit Ex.C-1 wherein he has reiterated his entire case as mentioned in the complaint. Apart from his affidavit he has placed on record the receipt Ex.C-3 issued by the opposite parties showing deposit of Rs. 1,045/- as charges for the electric connection. Ex.C-2 is the photocopy of the sale deed in favour of the complainant of the premises where the complainant alleged to get the electric connection. The complainant has also placed on record Municipal Council certificate issued by Executive Officer, Municipal Council, Barnala which shows that the premises of the complainant is out of municipal area. Besides these the complainant has placed on record NOC Certificate issued by Sarpanch of Gram Panchayat Patti Bajwa, Barnala wherein it is mentioned that the residents of the village have no objection for new electric connections to the residents mentioned in the certificate who have applied for new electric connections. On the basis of the above said evidence the complainant has contended that the opposite parties have failed to release the connection and the opposite parties may be directed to release the said connection.
9. On the other hand, the opposite parties have contended that the premises of the complainant is in a colony which is still unapproved and therefore, as per the instructions of the Punjab Government the electric connections cannot be issued in such premises. In their support they have placed on record letter Ex.OP-2 and relevant instructions mentioning conditions for release of electric connection.
10. It is relevant to refer the letter Ex.OP-2 which reads as under.-
“All EICs/Chief Engineers/Operation,
In Punjab State Power Corporation Limited.
Memo No. 981-1013 dated 11.10.2013
Sub: Release of electric connection to the applicants of the illegal/ unapproved colonies in the State of Punjab.
On the subject cited above, it is brought out that instructions were issued vide letter No. 799-829 dated 11.7.2013 that henceforth no electric connection shall be released in the unapproved colonies.
Matter has been reviewed in light of the policy of the Government of Punjab regarding regularization of illegal/unapproved colonies in the State of Punjab and it has been decided that electric connection to the applicants of illegal/unauthorized colonies may be released after fulfilling any of the following conditions.-
1. Submission of NOC issued by concerned local authority.
2. Building plan approved by the concerned local authority.
The strict compliance of above instructions may kindly be ensured”.
11. It is also relevant to the refer the instructions as mentioned in Supply Code 6.4.3 (c) regarding submission of NOCs which are as.-
“For release of new connection/additional load/demand an applicant shall submit No Objection Certificate (NOC) from the competent authority in the following cases.-
(i) If the site of the connection falls within the controlled area of any Schedules Roads (National/State highways) notified by the State Government;
(ii) Industrial connection in residential areas;
(iii) If the premises is located in Chandigarh periphery areas;
(iv) For connections in the areas where a planning scheme is notified by PUDA/Local Urban Development Authority;
(v) If the connection is required for temporary structures like wooden stalls, khokhas/booths etc;
(vi) Any other cases where clearance of competent authority as per state/central government policy is required.
12. Perusal of the ibid regulations/instructions shows that if the premises are in the unapproved colony then the complainant is required to submit the NOC from the competent local authority. It is also contended by the learned counsel for the opposite parties that since the area is notified under PUDA, therefore, no objection is to be got from PUDA. It is also contended that the NOC placed on record by the complainant of a Sarpanch has no value. Facing this situation learned counsel for the complainant has placed on record one letter issued by the Punjab Government to Secretary, Punjab Government, Power Department, Chandigarh having memo No. 5045 dated 20.10.2015 regarding issuance of electric connection and for exemption of NOC from local authority. In para No. 2 of this letter, it is mentioned that except the residential houses which are taking direct approach from any scheduled road/national highway and those houses which fall under the restricted zone, there is no need for getting NOC from the Concerned Development Authority/Urban and Village Planning Department for other residential houses. Thus, it was contended by the learned counsel for the complainant that as per para 2 of the ibid letter the case of the complainant i.e the premises of the complainant does not fall within the restricted zone, therefore, no NOC is required. But on the other hand the learned counsel for the opposite parties has contended that the house of the complainant falls within the restricted zone/unapproved colony and therefore, NOC from the competent authority is required.
13. It is worth mentioning here that adjudication of the consumer complaints is based upon summary proceedings and these are decided on preponderance of probabilities and not on the rigorous provisions of the Evidence Act.
14. It is evident from the record that both the parties have failed to produce cogent, consistent and reliable evidence to prove their respective claims i.e complainant has not produced sufficient evidence to prove that the premises of the complainant does not fall within the restricted zone and no NOC is required and at the same time opposite parties have also failed to prove that the premises of the complainant falls within the restricted zone.
15. Since this Forum is to decide the case in a summary manner and therefore, the kind of evidence led by both the parties, this Forum is unable to decide the matter completely and effectively. Therefore, in such circumstances, without commenting upon the merits of the case, ends of justice shall meet if the opposite parties are directed to reconsider the matter in question qua release of electric connection to the complainant and decide the same keeping in view the various instructions issued from time to time and ibid regulations/notifications within 30 days from the receipt of the copy of this order. In case the opposite parties come to the conclusion that no such electric connection can be issued then opposite parties are directed to pass speaking order for rejecting the claim of the complainant and in such circumstances the complainant is at liberty to file a fresh complaint either in this Forum or to any other Competent Authority/Court for redressing his claim, if he so desires. Accordingly, the present complaint is disposed of. No order as to cost or compensation. Copy of this order be supplied to the parties free of costs. The file be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
5th Day of July 2016
(S.K. Goel)
President
(Karnail Singh)
Member
(Vandna Sidhu)
Member
