DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB

Consumer Complaint No.11of 14.03.2018

         Date of Decision             :  06.05.2019

Ramesh Kumar Bansal aged 58 years son of Shri. Ram GopalBansal, r/o House No. 155, Sector 4-B, MandiGobindgarh, P.S Gobindgarh, District Fatehgarh Sahib.

….. Complainant

Versus

1.       The Punjab State Power Corporation Limited, through its Secretary, The Mall Patiala.

2.       Concerned Junior Engineer, The Punjab State Power Corporation Limited MandiGobindgarh, DistrictFatehgarh Sahib.

3.       Assistant Executive Engineer (Urban), The Punjab State Power Corporation Limited, MandiGobindgarh District Fatehgarh Sahib.

…Opposite parties

(Complaint U/s 12 of the Consumer Protection Act, 1986)

QUORUM:

Sh. Kuljit Singh, President.

Sh. InderJit, Member

COUNSEL FOR THE PARTIES:

For complainant              :         Sh.Vivek Sharma, Adv.

For OPs                         :         Sh. Sumit Gupta, Advocate.

PerKULJIT SINGH, PRESIDENT

1. The present complaint has been filed under Section 12 of the Consumer ProtectionAct, 1986 against OPs on the averments that he is subscriber of electric connection bearing A/c no.K21GC210072P issued by OPs. He was regularly depositing the bills of electricity consumed by him. Various litigations between complainant and OPs  are going on in various courts under Sections 7, 8 and 13 of Prevention of Corruption Act.   He was regularly paying electric bill regarding electric connection in questions and also deposed that the complainant is not defaulter  of OPs.  Just to put pressure upon him, his family members withdraw the complaint filed against OPs. OPs wants to disconnect the electric connection in question illegally and forcibly for which OPs have no right to do so. OPs without any right, threatened him to disconnect his electric connection bearing A/c no. K21GC210072P illegally and forcibly. Due to above said act of OPs, he has suffered mental tension and harassment. Therefore, he has filed the present complaint and prayed that OPs be directed to pay Rs.50,000/- as compensation for mental harassment and Rs.10,000/- as costs of litigation.
2. Upon notice, OPs appeared and filed written statement and contested the complaint of the complainant vehemently by raising preliminary objections that complaint is not maintainable as the complainant has not come to this Forum with clean hands. This Forum has no jurisdiction to try and decide the complaint. The complainant has concealed the true and material facts from the Forum. The complainant has no locus standi to file the present complaint. On merits, it was averred that complainant is defaulter of OPs and failed to pay the electricity consumption charges from March 2015 to till date and an amount of Rs.4,84,580/- is due towards complainant as consumption charges and OPs being service provider has every right to disconnect the electric connection and there is no deficiency in service on their part. Rest of the averment of the complainant were denied by OPs and they prayed for dismissal of the complaint.
3. The complainant has tendered in evidence his affidavit Ex.CW-1/A, affidavit of VarunBansal son of Ramesh Kumar Bansal as Ex.CW-2/A along with copies of documents Ex.C-1 to Ex.C-3 and closed the evidence. As against it; OPs tendered in evidence affidavit of Er. BalwinderSingh  SDO PSPCL Sub Division MandiGobindgarh as Ex.OP-1 and copy of document Ex.OP-2 and closed the evidence.
4. We have heard learned counsel for the parties and have also examined the record of the case very minutely.
5. The complainant tendered his affidavit Ex.CW-1/A in support of his case. He deposed in his deposition that he is consumer of OPs and having electric connection bearing A/c no. K21GC210072P. He used the above said connection for domestic purposes only and regularly depositing the bills of electricity consumed by him. It was  averred that OPs without any right threatened to disconnect his electric connection illegally and forcibly. He requested OPs many times in this regard, but OPs failed to do so. The complainant also relied upon affidavit of VarunBansal in support of his case. This witness stated that complainant was regularly depositing the bills of electricity consumed by him and there was no legally recoverable amount due against him. The complainant making payment of electricity consumer by him to OPs regularly and never committed default on his part. Ex.C-1 is copy of complaint under Sections 7, 8 and 13 of Prevention of Corruption Act 1988 pending the court of Sub Divisional Judicial MagistrarateAmloh on the record. Ex.C-2 is copy of complaint dated 04.04.2016 addressed to SHO Police Station MandiGobindgarh. Ex.C-3 is statement of Harnek Singh Ledger Keeper PSPCL MandiGobindgarh.
6. To refute this evidence of complainant, OPs relied upon affidavit of Balwinder Singh SDO PSPCL as Ex.OP-1 on the record. He testified that complainant is defaulter of OPs and fails to pay the electricity consumption charges from January 2016 till date and an amount of Rs.4,84,580/- was due towards him.  The OPs are service provider  and have right to disconnect the electric connection in case of any default. Any deficiency in service on the part of OPs was denied by this witness. Ex.OP-2 is consumption data on the record.
7. From hearing respective pleadings of the parties and evaluation from above referred evidence of the parties on the record, we find that there is no document produced on record that the complainant has deposited the consumption charges of the electricity consumed by him. Firstly, the complainant prayed that OPs are directed to restore the electricity connection bearing A/c No. K21GC210072P. Due to supply of electricity is an essential service, this Forum directed OPs from disconnecting the electric connection of complainant bearing A/c No. K21GC210072P,  as interim stay. Despite this relief granted to complainant, he has not produced any receipt/document regarding consumption of charges on the record. The complainant also moved an application dated 07.09.2018 for appointment of Local Commissioner. In view of the circumstances of the case, application is allowed and Sh. N.S Toor Advocate is appointed as Local Commission to visit the spot and submit the report on or before 04.02.2019 on the followings :-

1. Working conditions of the electric meter of complainant along with its reading and number.
2. Whether the said electric meter has been installed inside or outside the premises of complainant.
3. Whether the seals of the said electric connection are intact or not.

8. The above said Local Commissioner submitted its report that electric meter of the complainant bearing no.GC-210072P and serial no.08122652 is in working condition and its reading was 209415.16 KWH at the time of visit and same has been installed outside of the premises of the complainant and seals of the said electric meter are not intact. There are  two seals in the upper part of the said electric meter. There are no seals in the middle as well a lower part of said electric meter and same may be seen its video. He also produced CD in this regard and same is placed on record.
9. In order to separate queries from the grass, we have gone through all the documents.  Complainant has not placed on record any copy of bill or other document showing that the electric connection in question having sanctioned load of 24.96 KWs is a domestic connection meant for residential supply of electricity OPs has placed record a statement showing that bill from 09.02.2019 to 09.03.2019 has not been paid and the bill amount swellowed upto Rs.9,48,580/-.  In order to read at truth we have taken copy of the bill from internet of electric connection in question.  From the bill it transpired that electric connection is of Industry Nature and Sub Division is mentioned as Commercial – MandiGobindgarh. Complainant has placed on record document Ex.C-1, a copy of complaint titled as KiranBalaVsAvtar Singh and other in the Court of Sub Divisional Judicial Magistrate, Amloh.  In Para No.3 of complaint, it is mentioned that “moreover the husband of the complainant is owner of many industries” and ………… Hence it is apparent that electric connection in question has no jurisdiction to entertain the complaint regarding commercial category.
10. Complainant has concealed the material facts from this Forum just to bring the matter within the purview of this Forum which is fair play to get justice from the judicial concerns.
11. Moreover when Smt.KiranBalaBansal has filed complaint before Sub Divisional Judicial Magistrate, Amloh and has mentioned that OPs are threatening to disconnect the electric connection in dispute in the present complaint and the matter is already pending in the Civil Court, complainant can seek redressal of his grievance in the Civil Court as litigation is already pending between the parties and complicated issues are involved for deciding the same voluminous evidence is required.  Hence, this Forum also refrains from deciding the present complaint.
12. Sequel to above discussion, the present complaint is dismissed.  However, the complainant may approach to the Civil Court for redressal of his grievance.  Parties are left to bear their own costs.
13. Let copies of the order be sent to the parties, as permissible, under the rules.File be indexed and consigned to record room.

Dated: 06.05.2019

(Kuljit Singh)

                                                           President

                                                          (Inderjit)

                                                         Member