Complainant Jaswinder 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 restore his electric connection immediately and also to receive bill amount from him. Complainant has claimed Rs.30,000/- for mental agony, physical torture and financial loss caused by the opposite parties to him due to deficient service and unfair trade practice on their part and also claimed Rs.5,000/- as litigation expenses after accepting this complaint in the interest of justice.  

2.       The case of the complainant in brief is that he is the consumer of the opposite parties as an electric connection bearing A/c No.G-49SF-251185L was installed by the opposite parties in his house and he was paying the electricity bills regularly and his average bimonthly bill was about Rs.1500/-. It was pleaded that a bill dated 24.06.2019 for Rs.2320/- was issued by the opposite parties to the complainant which was payable upto 09.07.2019 but due to unavoidable circumstance complainant could not pay the same within stipulated period and thereafter approached the opposite party No.3 who asked him to pay the same alongwith next bill but thereafter a bill dated 26.08.2019 for Rs.5170/- was issued by the opposite parties which was payable upto 10.09.2019. It was further pleaded that the last date of bill was 10.09.2019 but opposite parties No.4 & 5 were came to the house of the complainant in his absence on 28.08.2019 at about 12 Noon and at that time complainant and his son were working in their fields and only wife and daughter-in-law of the complainant were present in the house. It was also pleaded that opposite parties No.4 & 5 demanded Rs.500/- from the ladies who were present in the house with the threat that they had been sent by opposite party No.3 for disconnection of their connection and on the request of the wife of the complainant that the last date of payment of bill is 10.09.2019 and they will deposit the same before the due date they used unparliamentarily and derogatory language against them and illegally disconnected their electric connection and thereafter an application was moved by the complainant to the worthy S.S.P. Gurdaspur which is yet pending. It was next pleaded that from the disconnection of the electric connection complainant approached the opposite party No.3 time and again with the request to restore his electric connection and also to receive the bill amount but no action was taken by opposite party No.3 in the matter under influence of opposite parties No.4 & 5 and was giving false assurances and ultimately refused to admit the legal and genuine claim of the complainant which is clear cut deficiency and negligence in service on the part of the opposite parties who disconnected the electric connection of the complainant due to which complainant and his family suffered physically, mentally and financially which amounts to unfair trade practice on the part of the opposite parties, hence this complaint.

3.       On notice opposite parties appeared through their counsel and filed written reply by taking the preliminary objections that complaint is not maintainable, complainant has no locus standi to file the present complaint and complainant has filed a false, frivolous and vexatious complaint by concealing the true facts from the Hon’ble Forum and as such complainant is liable to be burdened with special costs. On merits, it was submitted that the average bimonthly bill of the complainant was Rs.1500/- and bill dated 24.06.2019 for Rs.2320/- was issued to the complainant which as payable upto 09.07.2019 but complainant did not make the payment of said bill intentionally and willfully. It was further submitted that a bill dated 26.08.2019 for Rs.5170/- was issued to the complainant which was payable upto 10.09.2019. It was also submitted that a false and baseness application was moved by the complainant to the worthy S.S.P. Gurdaspur against opposite parties No.4 & 5 with sole motive to pressurize the officials of the department. It was next submitted that complainant did not make the payment of the electricity bills intentionally and willfully. A bill amounting to Rs.1730/- due on 06.05.2019 was issued to the complainant but only Rs.700/- was paid by him and an amount of Rs.1130/- remained outstanding against him. Again bill for Rs.2366/- including fine was issued to the complainant which was payable upto 09.07.2019 but the same was not paid by him and again a bill dated 26.08.2019 for Rs.5170/- was issued to the complainant but due to nonpayment of earlier bills connection of the complainant was disconnected vide PDCO No.16/1140 dated 27.08.2019 which was effected on 29.08.2019 by JE Malkiat Singh in the presence of Mukha Singh LM and Satnam Singh ALM. Moreover, on 10.09.2019 bill was deposited by the complainant but he did not complete the formalities for restoration of electric connection i.e. neither application was moved nor RCO fee was deposited by the complainant due to which connection could not be restored. Complainant and his family member misbehaved with the officials of the corporation and a criminal case vide FIR No.0058 dated 06.09.2019 U/s 363/186 IPC was registered against the complainant and other culprits at P.S. Kahnuwan in this regard but the present complaint was filed by the complainant by setting up a false and concocted story. All other averments made in the complaint have vehemently denied and lastly prayed for dismissal of complaint with special costs.

4.       Counsel for the complainant has filed affidavit of complaint alongwith copy of bill dated 24.06.2019 Ex.C1, copy of bill dated 26.08.2019 Ex.C2, copy of application dated 29.08.2019 Ex.C3 and copy of Aadhaar Card Ex.C4. 

5.       Counsel for the opposite parties has filed affidavit of Sh.Karanvir Singh SDO Ex.OPW-1/A, affidavit of Malkiat Singh J.E. Ex.OPW-2/A, copies of lease report Ex.OP-1 and Ex.OP-2, copy of PDCO dated 27.08.2019 Ex.OP-3, copies of applications Ex.OP-4 and Ex.OP-5 and copy of FIR Ex.OP-6.

6.       Rejoinder filed by the complainant.

7.       Written arguments also filed by the complainant.

8.       We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the sides while adjudicating the present complaint.

9.       From the aforesaid facts it is clear that electricity bills were outstanding in the name of Jaswinder Singh complainant for A/c No.G-49SF-251185L on account of nonpayment for the bills raised for Rs.2320/- of 06/2019 and Rs.5170/- of 09/2019. Electricity staff including J.E. Malkiat Singh, L.M. Mukha Singh and A.L.M. Satnam Singh visited the premises of Jaswinder Singh complainant to effect the PDCO No.16/1140 issued on 27.08.2019. A verbal argument occurred at that time which resulted in lodging of F.I.R. by PSPCL staff against Jaswinder Singh and his son. The prayer pleaded by Jaswinder Singh through his counsel for restoration of electric connection cannot be accepted as the previous consumption charges/bills have not been paid by Jaswinder Singh as per his application and also the written statement submitted by the opposite parties through affidavit Ex.OPW-1/A and applications Ex.OP-4 and Ex.OP-5. Hence, complainant fails to justify his complaint and the same is hereby dismissed with no order as to costs. 

10.     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.

11.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.           

   (Naveen Puri)

                                                                   President.                        

ANNOUNCED:                                     (R.S.Sukhija)

MAY 05, 2022.                                           Member.

YP.