PER:
Varinder Pal Singh Saini, Member
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34 and 35 against the opposite parties on the allegations that Manjinder Singh and Harwinder Singh gave given the power of attorney to their father to do all acts and deeds and things on their behalf. Originally complainant No. 3 was the owner in possession of land bearing Khewat No. 67, Khasra No. 47//13/1(7-12) situated at village Rampur Narotampur, Tehsil Khadoor Sahib, District Tarn Taran. Later on complainant No. 3 transferred this land in favour of his two sons namely Manjinder Singh and Harwinder Singh i.e. complainant Nos. 1 and 2 vide mutation No. 1369 dated 2.5.2017 and since then the complainant Nos. 1 and 2 are the owners in possession of the above said land. The complainant No. 3 being power of attorney holder of his sons had applied for the tubewell connection with the opposite party. The opposite party asked the complainant No. 3 to deposit Rs. 1,600/- which was accordingly deposited by the complainant No. 3 on 5.6.2018. Thus as per the facts stated above, the complainant having hired the services of the opposite party for consideration, is a consumer as defined under the Consumer Protection Act, 2020 as amended up to date. One Avtar Singh so of Satnam Singh resident of village Rampur Narotampur, Tehsil Khadoor Sahib had got installed one tubewell connection in his name bearing account No. JB061143 in the above said land illegally, unlawfully and un-authorisedly in-connivance with the officers/ officials of the opposite party by misusing their official powers with some malafide intention, at the back of the complainants whereas Avtar Singh has got no right to get installed the tubewell connection in the land belonging to complainants because Avtar Singh is neither owner of this land nor he is having any land in his name in the present Khasra Number in which the land of complainants is situated. Feeling aggrieved, the complainant sent a legal notice to DGP, Patiala Managing Director, Patiala, SE, XEN, SDO PSPCL as well as Chairman CGRF Ludhiana. On the above said notice, the CGRF registered the complaint and issued notice to opposite party as such the opposite party admitted the connivance of their officials with the said Avtar Singh and disconnected the electricity connection which was illegally installed by them on the property of complainants. Moreover, CGRF also appointed a special officer and asked the opposite party to take a special action as per the prevailing instructions of PSPCL. The complainants after disconnection of tubewell connection bearing account No. JB061143 requested the opposite party to install the new tubewell connection in his agriculture land but now they are lingering on the matter on one pretext or the other. Ultimately, few days back, they totally refused to install the new agriculture connection for the reason best known to them. The complainant visited the opposite party from time to time and requested them to sanction and install the new connection in his agriculture land but the opposite party in-connivance and under influence of Avtar Singh totally refused to install the new tubewell connection which is totally illegal, malafide, unjust, against the law rules of Sales regulations and Principle of natural justice. Since the complainant had already suffered more than 20 lacs due to wrong release of tubewell connection in his land by the officials of the opposite party because the above said persons did not allow the complainants to use the tubewell connection for irrigation of his land, hence the complainants left his land barren and without any crops for which the opposite party is liable to reimburse the complainants. Inspite of that end number of RTI applications were moved by the complainants but till date none of the RTI applications were replied which shows that opposite party is glove in hands with the above said persons. The complainants prayed the following relieves:-
- Directions to the opposite party to dis continue the acts of deficiency in service and installed the tubewell connection in the agriculture land of the complainants bearing Khewat No. 67, Khasra No. 47//13/1(7-12) situated at village Rampur Narotampur, Tehsil Khadoor Sahib, District Tarn Taran.
- An amount of Rs. 20,00,000/- may kindly be awarded to the complainants which the complainant has suffered due to the illegal installation of tubewell connection in the name of Avtar Singh in the land of complainants because the above said persons did not allow the complainants to use the tubewell connection for irrigation of his land hence the complainants left his land barren and without any crop.
- Compensation to the tune of Rs. 5,00,000/- as detailed in Para No. 6 hereinabove, may also be awarded in favour of the complainant and against the opposite party.
- Costs of proceedings to the tune of Rs. 55,000/- may also be awarded in favour of complainant and against the opposite party.
Alongwith the complaint, the complainant have placed on record affidavit Ex. C-1, copy of Power of attorney Ex. C-2, Ex. C-3, copy of Jamabandi Ex. C-4, Receipt Ex. C-5, Legal notices Ex. C-6 to Ex. C-9, receipts Ex. From CGRF Ex. C-10 to Ex. C-12, Legal notice Ex. C-13, Copies of RTI applications Ex. C-14 to Ex. C-19.
2 Notice of this complaint was sent to the opposite parties and opposite party No. 1 appeared through counsel and filed written version by interalia pleadings that XEN Punjab State Power Corporation Limited Beas and M.D. Punjab State Power Corporation Limited Patiala have not been arrayed as party to the present complaint who are necessary parties for just decision of the present complaint and entire work of Punjab State Powers Corporation Limited is being done in the name of MD Punjab State Power Corporation Limited. The present complaint deserves to be dismissed as SDO Punjab State Power Corporation Limited alone is not competent to get the connection installed unless the estimate is prepared and sanctioned by the worthy XEN Punjab state Powers Corporation Limited Beas but XEN Punjab State Powers Corporation Limited Beas has not been made as party to the present complaint. The complainant has not approached to the opposite party disclosing the land and Khasra Number of land wherein he purposes to get install his tubewell connection. The complainant has not deposited any shifting fee nor filed any application for shifting of the connection. There is no deficiency in service on the part of the opposite party, hence, this complaint is not maintainable and is liable to be dismissed. The present complaint has been filed with malafide intention just to harass the opposite party. The land of opposite party No. 3 was managed by Avtar Singh son of Satnam Singh resident of village Rampur Narotampur Tehsil Khadoor Sahib, District Tarn Taran who got installed tubewell connection in the land of complainant and a suit was filed by Avtar Singh and others against Swaran Singh and SDO Punjab State Powers Corporation Limited Nagoke for permanent injunction in the court of ACJ Khadoor Sahib which was partly decreed on 23.7.2018, giving liberty to defendant, Swaran Singh now complainant No. 3 in the present complaint, to get shifted the connection in his land. The complainants will become consumers of the opposite party as and when connection is installed in the land to be described by complainants No. 1, 2 and 3. Avtar Singh is relative of the complainants and he used to manage the land of the complainants. The electricity connection which was running in the land of the complainant No. 3 was disconnected. There is no deficiency in service on the part of the opposite party. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite party has placed on record affidavit of Devinder Singh Ex. OP-1, Judgment dated 23.7.2018 of Ajitpal Singh Additional Civil Judge Khadoor Sahib Ex. OP-2, order dated 3.5.2018 of ACJ Khadoor Sahib Ex. OP-3, Copy of Report of Local commissioner dated 2.5.2018 Ex. OP-4, copy of Notice to Avtar Singh dated 2.8.2018 Ex. OP-5, Copy of injunction order dated 1.8.02018 of ACJ Khadoor Sahib Ex. OP-6.
3 Notice of this complaint was sent to the opposite party No. 2 but during the pendency of complaint no one appeared on behalf of opposite party No. 2 and has not filed the written version within prescribed period, consequently, the defence of opposite party No. 2 was closed by order and the opposite parties No. 2 was proceeded against exparte.
4 We have heard the Ld.counsel for the complainant and opposite party No. 1 and have carefully gone through the record placed on the file.
5 The complainant has deposited Rs. 1600/- on 5.6.2018 vide receipt No. 339 book No. 50029 for 7.1/2 B.H.P (Ex. C-5) for release of tubewell connection with PSPCL. The opposite party No. 1 in its reply has stated that the complainant has not approached the opposite party disclosing the land and Khasra Number where he proposed to install the tubewell connection. New tubewell connection be released in the land of complainant as per rules after completion of formalities required for the same.
6 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant. The opposite parties are directed to release the new tubewell connection in the land of complainant as per rules of PSPCL after completion of formalities required for the same . The complainant has been harassed by the opposite parties unnecessarily for a long time. The complainant is also entitled to Rs. 20,000/- as compensation on account of harassment and mental agony and 11,000/- as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission
16.05.2024
