Punjab

Mansa

CC/14/155

Karan Singh - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Sh. Gurwinder Singh

06 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TEHSIL COMPLEX,
M A N S A.
CC No.155 of 2014
Date of Institution: 20.08.2014
Date of Disposal : 06.02.2015
Karan Singh S/o Surja Ram, Village Karandi, Tehsil Sardulgarh, District
Mansa.
..... Complainant.
VERSUS
1. Punjab State Power Corporation Limited, Patiala, Through its Chairman,
Punjab State Power Corporation Limited, Patiala.
2. Assistant Engineer, Sub Division, Punjab State Power Corporation
Limited, Sub Urban, Sub Division, Sardulgarh, District Mansa.
..... Opposite Parties.
Complaint under Section 12 of
The Consumer Protection Act, 1986.
............
Present:-
For complainant : Ms.Balbir Kaur, Advocate.
For OPs : Sh.Pardip Singla, Advocate.
Quorum:-
Sh.Surinder Mohan, President.
Sh.Shiv Pal Bansal, Member.
Smt.Neena Rani Gupta, Member.
ORDER:-
Surinder Mohan, President
Brief facts of the case are that complainant is living in a small
'Dhani' (hamlet) at village Karandi where the houses of Maha Singh, Dalip
Singh and Partap Singh are also situated. Complainant has obtained a
domestic electric connection bearing A/c No.KR12/365 installed at his
premises in his village. He has been paying the electricity bills issued by
OPs from time to time and nothing is outstanding against him. Initially
electric supply to the premises of complainant was being provided from the
tubewell connection of one Om Parkash S/o Hamira Ram but now OPs
have removed the LT line without any prior sanction. Other residents of the
'Dhani' had applied for 24 hours power supply and deposited the requisite
amount with OPs and their electric supply has been connected with '24
hours power supply line'. Similarly complainant also moved an application
dated 18.4.13 and deposited Rs.500/- with OPs vide receipt No.115 dated
18.4.13 Book No. 93654 for connecting the electric supply with '24 hours
power supply line'. OPs have connected the electric supply of Maha Singh,
Dalip Singh and Partap Singh with '24 hours power supply line' but have
failed to connect the electric supply of complainant with '24 hours power
supply line'. Complainant visited the office of OPs time and again and
informed them that he is ready to complete the required formalities, but OPs
have flatly refused to accede to the request of complainant. OPs have
installed a transformer in front of the house of complainant to give
electric supply to the houses of Maha Singh and Dalip Singh through
a single cable passing above the house of complainant. OPs can easily
connect electric supply to the house of complainant with '24 hours power
supply line' through this cable but OPs have failed to do so, as such, OPs are
deficient in rendering service. Due to act and conduct of OPs ,
complainant has been subjected to mental tension and physical harassment.
A prayer has been made to direct OPs to connect the electric supply of
complainant with '24 hours power supply line' and to pay Rs.50,000/- as
compensation and Rs.30,000/- as costs.
2. In reply, OPs have taken several legal objections that
complainant is not a consumer within the definition of CPA; that
complainant has no cause of action and locus standi to file the present
complaint; that complainant has concealed material facts; that complaint is
bad for non-joinder of necessary parties and mis-joinder of parties; that
complaint is not maintainable in the present form and that this Forum has no
jurisdiction to adjudicate upon the matter. It is admitted that complainant
has deposited Rs.500/- with OP No.2 and OP No.2 has written letter No.365
dated 15.3.13 to complainant as well as to Partap Singh and Maha Singh
informing them that since Dalip Singh has deposited Rs.68540 with OP
No.2, as such, NOC be got produced from Dalip Singh so that connection of
complainant, Partap Singh and Maha Singh be connected with 24 hours
supply line, but till date complainant has failed to produce NOC from Dalip
Singh. Hence OP No.2 was unable to give supply of 24 hours to
complainant. Complainant has failed to comply with the letter dated 15.3.13.
Other paras of the complaint have been denied and OPs prayed for dismissal
of the complaint.
3. In order to prove his case, complainant has tendered into
evidence Ex.C-1 affidavit of Karan Singh, Ex.C-2 affidavit of Om Parkash,
Ex.C-3 affidavit of Mahavir Singh, Ex.C-4 Receipt dated 6.6.2003 for
Rs.50/- & Rs.800/-, Ex.C-5 receipt dated 18.4.13 for Rs.500/- A/c No.
KA12/0365, Ex.C-6 receipt dated 4.7.14 for Rs.470/-, Ex.C-6 application
dated 8.8.14 against Er.Manjit Singh and Ex.C-8 copy of w/s dated 6.9.12
filed by PSPCL in a case with the title Lakhwinder Singh v/s Jagdeep Singh
pending before Addl.Civil Judge (Sr.Division) Sardulgarh.
4. In order to rebut this evidence, OPs have placed on record Ex.
OP-1 affidavit of Er.Manjit Singh, Ex.OP-2 letter No.957 dated 17.7.13, Ex.
OP-3 SCO dated 10.1.13 of Dalip Singh village Karandi A/c No. KA12/645,
Ex.OP-4 application dated 15.3.13 of Partap Singh A/c No. KA366, Ex.OP-
5 application dated 15.3.13 of Maha Singh A/c No. KA15/111 and Ex.OP-6
letter No.365 dated 15.3.13 sent to Karan Singh.
5. We have heard the learned counsel for parties and gone through
the evidence adduced on record by them very carefully.
6. There is no dispute that complainant is having electric
connection bearing A/c No.KR12/365 under 'domestic' category. It is also
not disputed that complainant is paying all the bills to OPs. It is also
admitted during arguments by learned counsel for OPs that earlier
complainant was getting power supply from tubewell of one Om Parkash
S/o Hamira Ram. Om Parkash has also submitted his affidavit Ex.C-2 . It is
also admitted that now complainant is getting power supply from tubewell
of his brother Partap Singh. During arguments it is admitted by counsel for
both the parties that supply to tubewell is for limited hours and there is
never 24 hour supply to any tubewell connection under 'AP' category. As
per stand of OPs, one 11 KV main PVC line is passing from a distance of
about 400 meters from the house of complainant and others.
7. It is argued by learned counsel for OPs that Dalip Singh
deposited Rs.68,540/-for getting 24 hours supply to his house. As per
evidence on the file, complainant, Partap Singh brother of complainant and
Mahan Singh father of Dalip Singh also applied for 24 hours power supply
under 'Urban Pattern Supply'. OPs issued a letter Ex.OP-6 dated 15.3.13
vide which OPs demanded NOC of Dalip Singh from Partap Singh, Mahan
Singh and complainant. It is clearly mentioned in the letter that
“Transformer and Power Line has been got drawn by Dalip Singh by
depositing Rs.68,540/- with the OPs. Therefore, NOC from Dalip Singh be
obtained.”
8. Decidedly, complainant has not taken any NOC from Dalip
Singh for drawing power from the line got erected by Dalip Singh by
spending from his own pocket.
9. Learned counsel for complainant has laid great stress that the
transformer installed for giving 24 hours supply to Dalip Singh is owned by
OPs and has referred to a written statement Ex.C-8 filed by SDO, Jhunir in a
case with the title “Lakhwinder Singh v/s Jagdeep Singh” pending before
Addl.Civil Judge (Sr.Division) Sardulgarh. Whereas in the present
complaint, OPs have taken a stand regarding transformer that complainant
has demanded 24 hours power supply from the transformer of Dalip Singh.
In case SDO, Jhunir has taken any stand in the written statement in the case
with the title Lakhwinder Singh v/s Jagdeep Singh, the same cannot be
binding upon SDO, Sardulgarh. However, complainant is definitely entitled
to 24 hours power supply to his house but as per rules. Complainant has
already deposited Rs.500/- as per receipt Ex.C-5.
10. Resultantly, complaint is partly accepted and OPs are directed
to release 24 hours power supply to complainant as per rules subject to the
complainant completing all the formalities. Parties are left to bear their own
costs.
11. Certified copies of order be communicated to the parties free of
cost by registered post and file be consigned to the record room.
Announced:
06.02.2015
Neena Rani Gupta, Shiv Pal Bansal, Surinder Mohan,
Member. Member. Pre sident.
*neera*