DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 289 of 27.7.2017
Decided on: 12.3.2018
Mukhtiar Singh son of Sh.Chajju Singh, resident of village Kotli, Tehsil Nabha, District Patiala.
…………...Complainant
Versus
- PSPCL, The Mall Road, Patiala, through its Chairman .
- PSPCL, Sub Division, Nabha, District Patiala through S.E.
- S.D.O. PSPCL, Villate Kotli, Sub Division Nabha, Tehsil Nabha, District 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.Jaspreet Singh,Advocate, counsel for complainant.
Sh.Pawan Puri,Advocate, counsel for Opposite Parties.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Mukhtiar 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.)
2. The brief facts of the complaint are that the complainant applied for electric tubewell connection under the chairman’s Discretionary Quota on priority to be installed at his agricultural land situated at village Kotli, Tehsil Nabha, District Patiala and deposited Rs.20,100/- for the said purpose. An allotment letter in favor of the complainant was issued by the officials of the OPs, who were bounded to release the tubewell connection within three months. The complainant visited the office of SDO and RA, but to no effect although the officials of the OPs Nabha visited the spot and prepared an estimate. The complainant also got dig bore and constructed kotha as per site plan on which more than Rs.lacs were incurred. Non releasing of electric tubewell connection by the OPs amounted to deficiency of service on their part, which caused mental agony and physical harassment to the complainant. Hence this complaint with prayer for giving direction to the OPs to release the electric tubewell connection immediately and also to Rs.50,000/-as compensation for causing mental agony, physical harassment and monetary loss alongwith Rs. 25000/- as litigation expenses .
3. On being put to notice, OPs appeared and filed the written version. It is stated that an applicant , who is seeking the connection under priority category is required to own minimum one acre of land. It is admitted that the complainant applied for tubewell connection under Chairman’s Priority Category and deposited Rs.20,100/- vide B.A-16 No.300/4963 dated 15.12.2016. The approval was granted to the complainant by the competent authority on fulfillment of conditions as mentioned in the letter No.36075/Approved CMD quota-AP/2016/Rakhra 106/126 dated 20.11.2016.However, because the Election Commission had announced the Assembly Elections in the Punjab, the code of conduct was ordered on 4.1.2017 and the Hon’ble Principal Secretary, Govt. of Punjab Department of Power issued the directions to field officers in the State of Punjab by passing order that , “All cases where agriculture tubewell applicants have complied with the demand notices and have deposited the full cost and test report before imposition of model code of conduct shall be released”. Since no demand notice was issued to the complainant, therefore, the question of releasing the connection did not arise. It is stated that the complainant shall be issued the demand notice after releasing connections to all those consumers who already complied with the conditions of demand notices , prior to announcement of elections in the state of Punjab. There is no deficiency of service on the part of the OPs. After denying all other averments made in the complaint, it was prayed to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C7 and closed the evidence of the complainant.
The ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Er.Ashok Kumar Sharma alongwith document Ex.OP1 and closed the evidence of the OPs.
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 tubewell connection under priority category. An approval for releasing the tubewell connection was granted by the OPs subject to completion of necessary conditions by the complainant. He further submitted that the OPs were to release the tubewell connection under the said category within three months but the same has not been released till yet. The ld. counsel for the OPs has submitted that due to Assembly Elections in Punjab, code of conduct was imposed on 4.1.2017 and vide letter dated 19 April,2017, directions were issued by Govt. Punjab, to release the tubewell connection to all those applicants ,who had complied with the demand notices and had deposited the full cost and test report before imposition of model code of conduct. As, no demand notice was issued to the complainant prior to imposition of model of code of conduct, therefore, connection could not be released . Even otherwise also , the tubewell connection under the said category can only be released to the person who owns minimum one acre of agricultural land.
7. From the perusal of the letter dated 19.4.2017, Ex.OP1, it is evident that no direction has been issued by the Govt. of Punjab to the Punjab State Power Corporation Ltd, to not to issue the demand notice to the person, whose case for release of the tubewell connection has already been approved . Thus, the reason given by the OPs for non issuance of demand notice for release of the tubewell connection is baseless. Here, it may be stated that Jamabandi Ex.C1, is for total land of 31 bighas 6 viswas out of which complainant is having 1-4th share of the said land, which comes out to be 7 bighas 16 viswas, meaning thereby that the complainant fulfills the requirement of having one acre of agricultural land for the release of the tubewell connection under aforesaid category. Taking all these facts and circumstances into consideration, we are of the view that the OPs by not issuing the demand notice, were negligent in performing their duties. They are thus liable to issue the demand notice to the complainant and thereafter on completion of all the requisite formalities by the complainant, shall issue the tubewell connection immediately.
8. In view of the aforesaid discussion, we partly allow the complaint and direct the OPs to issue the demand notice to the complainant within 15 days on receipt of the certified copy of this order and thereafter release the tubewell connection immediately, on fulfillment of all the requisite formalities by the complainant. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 12 . 3. 2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
