PER

Sh. Varinderpal Singh Saini Member

1        The complainant has filed the present complaint by invoking the provisions of Section 34, 35 and 36 of the Consumer Protection Act against the opposite parties on the allegations that the complainant and others having residences at Baba Deep Singh Avenue (Master Colony, Muradpur),  Goindwal Bypass, Tarn Taran.  A colony namely Master Colony, approximately in 50 acres of land, is situated in the area of Muradpur within the city of Tarn Taran and there are many residential houses and commercial shops etc. are situated within the colony. Harbhajan Singh s/o Jagat Singh was having 5 acres of land in the above area and the above Harbhajan Singh has sold his land approximately 2 acres by carving out the same in the shape of plots and the said sold land is now known as street No.9  and 10 of the Mater Colony. Harbhajan Singh has executed a will with regard to his remaining 3 acres of land in the name of his grandsons namely Parambir Singh, Karambir Singh, Parambir Singh sons of Lakwinder Singh S/o Harbhjan Singh R/o Muradpur, Near Local Gurdwara, Tarn Taran, Tehsil and District Tarn Taran. The above said persons, in a collaboration the O.P No. 4 i.e. Jaswant Singh s/o Nand Singh have planned to sell above land in the shape of residential and commercial plots. Jaswant Singh has also got registered some land in their favour from above persons. As such the O.P.No.4 Jaswant Singh has carved out various plots out of the above land and started to sell the above land in the shape of plots residential and commercials. Later on as per the policy of the Government, the O.P.No.4 Jaswant Singh has obtained regularization certificate from the concerned Government authority in order to facilitate provision of basic amenities to residents/plot holders of the area and has given the name to the area as “Baba Deep Singh Enclave”, which is situated alongwith the area of Master Colony. As such “the Baba Deep Singh Enclave”, has been legally developed and the Municipal council Tarn Taran, has also issued a certificate that the above area Tarn Taran has also issued a certificate that the above area comes within the Municipal Council area of Tarn Taran. An electricity connection was got installed by the above Jaswant Singh in the area for the purpose of construction/development of the area. On 10.8.2016, the complainant has purchased the land i.e. a plot measuring 6 Marlas 166½  feet with big Karams out of the Khasra No.502/1 (5-4) situated in the area of Muradpur, Baba Deep Singh Enclave, Tarn Taran, the surroundings of the plot are in east street 28 feet, in west Daljit Singh, in north street 22 feet and in south Amarjit Kaur and the said plot is situated in the enclave having measuring 30 feet 6 inch width and 59 feet length. The complainant has also obtained necessary NOC from the Municipal Council, Tarn Taran and a residential house was constructed on the above plot belonging to the complainant. The house was constructed after following all necessary formalities and thereafter the complainant applied to the PSPCL for electricity connection in his residence but PSPCL has lingered on the matter by giving the one or another reasons.  The complainant has made several requests to the officials of the PSPCL by saying that the electricity is the basic necessity of life and it is very difficult for her family to live without proper domestic electricity connection. The official of the PSPCL have told the complainant that the above Jaswant Singh has obtained NOC for PUDA approved colony and he has not been given to the residents of the area. The complainant has told the officials that the “Baba Deep Singh Enclave” is not PUDA approved colony rather the above said area/ enclave comes within the Municipal area, Tarn Taran and further the same has been regularized vide regularization certificate bearing No.583 dated 28-1-2014 issued by the Urban Local Body. The complainant has brought into notice of the corporation all the above facts but the officials of the corporation have not heard the genuine requests of the complainant and have not agreed to give electricity connection to the complainant. If there exists any dispute between the corporation i.e. the O.Ps. No.1 to 3 and the above Jaswant Singh i.e. the O.P.No.4 then the corporation can take the required legal remedies as per law against the above Jaswant Singh but the corporation cannot deny to provide the electricity connection to the complainant as the providing of electricity is mandatory as per the Electricity Act. The complainant is entitled to the electricity connection on the following grounds.

1. That the Baba Deep Singh Enclave and Master Colony are part of the same area i.e. Muradpur and the corporation has already installed numerous electricity connection in the Master colony & in Muradpur area as such the complainant is also entitled for the electricity connection.
2. That at present the PSPCL has provided the electricity connection to the other residents of the same area i.e. to the other persons who have purchased plots within the area of Baba Deep Singh Avenue (Muradpur).
3. That the complainant has also obtained necessary permission from the Municipal Council, Tarn Taran for construction work and a residential house was constructed on the above plot belonging to the complainant. As such, the house was constructed after following all necessary formalities. It is also submitted that the Municipal Corporation Tarn Taran has also issued certificate that the Baba Deep Singh Enclave comes within the Municipal limits of the area of Muradpur, Tarn Taran.
4.  That neither any rule nor any manual of PSPCL warrants the levy of amount of Promoter from other consumers/residents of the area. It is pertinent mention here that as per prevalent rules & regulations, the corporation is duty bound to provide the electricity connection to each individual electricity consumer and there is no law/ rule prevalent due to provide electricity connection to a residents/person.
5. That the electricity is basis need of the Modern era and one cannot survive without electricity. As such keeping in view all the above facts, the complainant is entitled to the domestic electricity connection on the payment of normal charges and the complainant is further obliged to comply with the order required formalities.

The complainant is consumer within the definition of consumer provided under section 2(d) (ii) of the Consumer Protection Act. The complainant has intimated about his genuine need/basic necessity of the electricity to the concerned authorities of the PSPCL but not of the officials have paid any heed towards the genuine requests of the complainant and the complainant has prayed that the opposite parties No. 1 to 3 be directed to provide domestic electricity connection to the complainant and also prayed Rs. 20,000/- as compensation and Rs. 10,000/- as litigation expenses. Alongwith the complaint, the complainant has placed on record her affidavit Ex. C-1, Self attested copy of sale deed Ex. C-2, Self attested copy of receipt from Municipal committee Ex. C-3, Self attested copy of site plan Ex. C-4, self attested copy of NOC of Municipal committee of enclave Ex. C-5, Self attested copy of regularization certificate Ex. C-6, Self attested copy of site plan of enclave Ex. C-7, Self attested copy of certificate of Municipal Committee Ex. C-8, Self attested copy of electricity account of other residents Ex. C-9, Self attested copy of electricity account of other resident Ex. C-10, Self attested copy of electricity account of other resident Ex. C-11, Self attested copy of order dated 18.3.2021 Ex. C-12, Self attested copy of assessment report Ex. C-13, Self attested copy of paid amount of assessment charges Ex. C-14, Self attested copy of paid amount of assessment charges Ex. C-15, Self attested copy of paid amount of assessment charges Ex. C-16, Self attested copy of paid amount of assessment charges Ex. C-17, Self attested copy of paid amount of assessment charges Ex. C-18, Self attested copy of Adhar Card Ex. C-19.

2        Notice of complaint issued to the opposite parties and opposite parties No. 1 to 3 appeared through counsel and filed written version by interalia pleadings that the complainant is estopped by her own act and conducts from filing the present complaint as the complainant has concealed the true and material facts from this Commission and has not come to the commission with clean hands as such, the present complaint deserves to be dismissed on the ground of concealment of true and material facts from the Commission. The complainant has already filed a similar type of case against the opposite parties i.e. complaint No.58 of 2020 decided on 18.3.2021 the said complaint was decided by the District Consumer disputes Redressal Commission, Tarn Taran against the complainant and after that decision the present complainant again filed similar type of complaint against the opposite parties. The present complaint is not legally maintainable as the same is filed by the complainant in connivance with the owners of alleged colony opposite party No.4, who are hand in glove with each other as they all are having ulterior motives to gain profits from the land as they want to gain great profits from the whole land, which they allegedly want to sell through plots, as the said colony is not regularized nor the alleged site plan produced and placed on record is approved from the Competent Authorities, as the same is prepared by a local draftsman who is nor qualified nor competent to prepare the same and above all not authorized by the competent Authorities in Punjab. Further the alleged letter for regularization is also not a valid one and is not issued a Competent Authority and above it is not a proper certificate. Further the alleged sale deed produced and letter issued by Municipal Committee Tarn Taran is also not a valid one, as the alleged number of the Plot shown  in the alleged sale deed and letter of Municipal Committee officials who never visited the spot and the letter was obtained through the influence and power of complainant and O.P.NO.4 who are hand in glove with each other as such the alleged submissions made in the complaint are baseless and created on, which creates no right & title in favour of the complainant. The complainant in connivance with the owner of alleged colony opposite party No.4 misusing the power and had openly committed the power theft when the officials of PSPCL has visited a surprise visit and regarding which the answering O.P’s have imposed usages charges of Rs.44,283/-. Thereafter also the answering opposite officials visited number of times but the complainant runs away after closing his premises.  As alleged by the complainant that some other inhabitants have obtained interim relief, which was also obtained by not disclosing true facts and above all by concealing material facts, further the O.Ps No. 1 to 3. Corporation Senior Officials have taken a serious note of the same and challenged the said orders and even called explanation from the concerned officials in the matter involved and letter/order in the matter. The present complaint is not maintainable as the complainant is not the consumer of the opposite parties No. 1 to 3. The premises is not used for the purpose of residence, it is solely used for commercial purpose as such the present complaint is not maintainable before the commission. The complainant is committing theft and by unauthorized means are using the temporary connection for construction which was taken by Jaswant Singh Padda bearing Account No.3005326969, the complainant is using unauthorized uses of power from temporary connection. The complainant is not paying a single penny to the un-authorized use of energy consumed by him during this period. Since the complainant had never applied for any electricity connection and is not legally maintainable and is clear abuse of process of law and is liable to be dismissed in a summary manner.  Since the complainant had never applied for any electricity connection and is not covered by the definition of consumer and as such, the present complaint is not legally maintainable. In the present complaint material and important questions of facts and law are involved which cannot be decided in a summary manner and can only be decided after recording of evidence and cross examination of witnesses of both the parties and which can only be decided by a civil court of competent jurisdiction, the present complaint is liable to be dismissed on this ground alone. The colonizer who had developed the colony was supposed to submit the complete layout plan of the electrical network proposed to be erected in the colony and other documents prescribed by the licensee along with the processing fee as per schedule of general charges and obtain the preliminary NOC from the licensee i.e. PSPCL. The NOC shall be issued by the licensee within 45 days of receipt of the proposal complete in all respects alongwith requisite documents. In case the developer/ builder/ society /owners/ association of residents/occupiers withdraws his request or fails to comply with the conditions within the stipulated time, the processing fees shall be forfeited as provided in clause 6.7. The colonizer and complainant are hand in glove with each other as they are misusing the Power/Energy by un-authorized way illegally from a temporary connection which was under way for construction purpose. Firstly on the ground that till the date of fling of the present complaint by the complainant, he had never applied for release of any electricity connection as per rules detailed in clause  5.1 of electricity supply code 2014 which clearly provides that the proceedings for release of connection are to be undertaken on receipt of an application in the application agreement (A and A) form prescribed by the distribution licensee of this purpose. There is no NOC from PUDA. The opposite parties No.1  to 3 have denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite parties No. 1 and 2 have placed on record affidavit of SDO PSPCL, Sub Urban Sub Division Tarn Taran Ex. OP-R1, letter memo No. 1027 dated 13.5.2022 issued by PSPCL to all subordinate officers Ex. OP-R2 

3        The opposite party No. 4 has appeared through counsel and has filed written version by interalia pleadings that the present complaint is bad for mis-joinder and non-joinder of necessary & proper parties as there was no need to join the opposite party No. 4 as party to the present complaint. The O.P No. 4 has never worked or promised against the interest of the complainant and has always co-operated with the complainant. Since neither any relief is maintainable against the OP No. 4 before this Commission nor any relief is demanded against the O.P No. 4 as such the complaint may kindly be dismissed against the O.P No. 4. This Commission has no jurisdiction to entertain and adjudicate the present complaint against the O.P No.4. PSPCL has never issued any notice to the OP No. 4 for depositing of any kind of the alleged money as no money is legally recoverable from the OP No. 4 as such the present complaint is not maintainable against the O.P No. 4. The area of Muradpur is situated within the city of Tarn Taran and is very large area, where many houses, shops and other commercial entities are situated and the PSPCL has provided electricity to all the persons of the area. Further the Master colony has also been carved out of the land of Muradpur and likewise the PSPCL has provided electricity to all the houses, shops etc. situated in the Master colony. In the likewise manner, the "Baba Deep Singh Enclave" has also been carved out of the land of Muradpur and the said enclave is adjacent to the Master colony but the officials of the PSPCL have not provided the electricity connection to the residents of the enclave. All the above three areas i.e Muradpur, Master colony and Baba Deep Singh enclave are part of the major area of Muradpur and further comes within the limits of Municipal area of Tarn Taran. All the residents/persons belonging to the Baba Deep Singh Enclave requires the DS electricity connection on normal charges likewise the persons residents of the area of Muradpur, Master colony (Muradpur). Urban local bodies department i.e. Municipal committees, Municipal Corporations are having jurisdiction over the land falling within the limits of Municipal areas as such Baba Deep Singh Enclave has also been got regularized vide regularization certificate issued by the Urban local body, Amritsar. Baba Deep Singh Enclave has been developed in the area of approximately 3 acres and there are only 39 residential houses but the officials of the PSPCL are demanding huge amount by alleging that there is need for 11 KV feeder for the enclave and for establishment of the LD system. The above requirements are not prescribed for the enclave like Baba Deep Singh Enclave because as per rules & regulations of the PSPCL, the separate 11 KV feeder is requires for the colonies where demand of load is between 2500 KVA to 4000 KVA and the demand of the whole project of Baba Deep Singh Enclave is approximately 700 to 800 KVA and further there is no need to install separate LD system for providing electricity to the residents of the area falling within the limits of Municipal area. As the guidelines with regard to establishing of L.D/ L.T as well as H.T system have been mandatory for the private colonies approved by the PUDA/ Senior or District Town Planner and the said authorities are having no jurisdiction over the land/ colonies falling within the municipal areas. The O.P No.4 has also requested for so many times to the officials of PSPCL for providing electricity connection to the residents of the enclave. But the officials of PSPCL have not listen to the genuine requests made by the O.P No.4. On the other hand, the officials of the corporation have told that the LD system has not been developed by the developer as per the instruction in the NOC, as such electricity connection has not been given to the residents of the area. The said submission of the officials of the PSPCL is an arbitrary and not as per the rules and regulations of PSPCL. The land falling within the municipal limits comes under the urban local bodies departments i.e. Municipal committee/ council or municipal corporation as such PUDA (Punjab Urban Development Authority) has no jurisdiction over the area falling within the municipal limits but the officials of the PSPCL have been wrongly saying that the O.P No.4 has got approved the above enclave from PUDA. The said submission of the PSPCL does not tenable as per the above stated facts as firstly the Enclave neither comes within the jurisdiction of PUDA nor have been got approved from the PUDA. Rather the above enclave comes within the limits of the municipal area and has been regularized by the urban local bodies and prayed for dismissal of the same. Alongwith the written version, the opposite party No. 4 has placed on record affidavit of Jaswant Singh Ex. OP4/1.

4        We have heard the Ld. counsel for the parties and have carefully gone through the record

5        In the present case dispute is that the complainant has purchased a plot in the year 2016 in Baba Deep Singh Colony vide sale deed Ex. C-2 and later on constructed residential house and the opposite party No. 1 has not issued him permanent Domestic Electricity connection. The above said colony has been regularized by Local Bodies Amritsar. In regularization certificate there is no condition of obtaining NOC from PSPCL. The developer of its own get NOC from PSPCL in 2016 and validity of the said NOC was for only one year.  The developer has not laid down LD System in the said colony as per NOC nor he has get revised the said NOC from PSPCL. PSPCL has not taken any action against the developer for almost 6 years to get LD system installed nor PSPCL of its own installed the same. During the course of arguments, ld. counsel for the complainant has placed on record on NOC issued by the office of Chief Engineer/ Commercial, PSPCL, Patiala whereby as per terms and conditions of N.O.C LD system of project was approved for Rs. 20,11,297/- and copy of said NOC was forwarded to the Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar  for information and necessary action which is reproduced as follows:-

“….the regularization certificate for the unauthorized colony issued by your office vice certificate No. 583 dated 28.1.2014. The estimated expenditure for layout of electrical LD system of the project is approved for Rs. 20,11,297/-  subject to change as per the rates prevailing at the time of execution of work. This amount shall have to be secured from the promoter by you in case of default of promoter and the same shall have to be deposited to PSPCL for execution of work of LD system and release of connection to the consumers. The funds shall be placed at the disposal of PSPCL by your office within 15 days of the default on the part of the promoter having been notified/ intimated to your office by SE/ Operation, so that the residents/ owners of the plots (the prospective consumers of PSPCL) are not denied electric connections for want of development of LD system. The above cost estimate is purely on tentative basis which shall be subject to actual sanction of estimate (recoverable amount) at the time of execution of work as per clause 9.3.6 of Supply Code-2014. The estimated time period for complete development of the electrical LD system of the project is 6 months from the date of issue of NOC. The concerned section of your office may be instructed to watch progress of electrification of the project, so that the project is connected within the validity period of NOC. Any delay in development of LD system may be reported by the concerned field staff and promoter be followed to deposit the cost of connectivity and complete the LD system for release of individual connections.”

Whereby it was mentioned that this amount have to be secured from promoter by Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar. Further it is clarified that in case of default by promoter the same shall have to be deposited to PSPCL for execution of work of LD system and release the connection to the consumer. Further, it is also clarified that funds shall be placed at the disposal of PSPCL by the office of Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar within 15 days of default on the part of developer, meaning thereby upon receiving the intimation from the office of SE Operation PSPCL the funds shall be placed at the disposal of PSPCL within 15 days, so that LD system could be installed and connection be released to the consumers by the PSPCL. Further it was the duty of the Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar to get LD system installed within 6 months from the date of NOC. It was also stated in this NOC that concerned Section of your office i.e. Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar will instruct to watch progress of electrification of project so that project would be completed within validity period of NOC. If there is any delay in development of LD system same will be reported by concerned field staff and promoter be followed to deposit the cost of connectivity and release of connection to individuals.  Moreover, PSPCL has miserably failed to inform default of developer and to recover amount from Urban Local Bodies Authority

6        From the perusal of record it is very much clear that neither Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar nor PSPCL authorities have taken any cognigence to get the LD system erected and released the connections to consumers and in this letter it is clearly mentioned that project has to be completed within 6 months from the date of issuance of NOC but the said authority have also failed to prove on record what action has been taken to get the LD system erected within stipulated period. The validity of said NOC was for only one year. Further Deputy CE/ Regulation PSPCL Patiala had never made any effort to get the NOC renewed for the further time. Further Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar has miserably failed to force promoter/ developer to lay down LD system in the said colony. However, during the course of arguments Ld. counsel for the complainant has also placed on record a letter bearing Memo NO. 740 dated 16.6.2012 issued by the office of Chief Engineer Commercial PSPCL Patiala issued to Dy. CE./ DS Circle, PSPCL Mohali whereby it was made clear regarding release of connection to unauthorized regularized colony. It is pertinent to mention here that Baba Deep Singh Colony is regularized by Urban Local Bodies, Amritsar and Para No. 3 of the said letter is as follows:-

However, if no condition regarding seeking NOC from PSPCL is enshrined in the CLU; Regularization certificate/ compounding certificate issued to developer by the competent authority and developer does not approach PSPCL for seeking NOC, in such a case connections to the residents inside the colony shall be released by taking service connection Charges and other charges as made applicable by PSERC from time to time from the applicants and the LD system shall be erected by PSPCL on basis of site requirement. In no case shall to developer be allowed to erect LD system or lay underground cables/ install LT or meter panels. etc.          

          Whereby it is made clear that in case developer does not approach the PSPCL for seeking NOC, in such a case connections to the residents inside the colony shall be released by taking service connection charges and other charges as made applicable by PSERC from time to time from the applicants and the LD system shall be erected by PSPCL on the basis of site requirement.

          However, the NOC was issued by PSPCL to developer which was valid for one year and the same has been expired in the year 2017, so at present there is no NOC exist for the time being because the NOC which was issued to the developer has expired in the year 2017, as such, Para No. 3 of the letter bearing Memo No. 740 dated 16.6.2022 is applicable on the Punjab State Power Corporation Limited Authority. As such Punjab State Power corporation Limited is bound to lay down the LD system and to release the connection as period of 5 years have already been elapsed. Bare perusal of NOC issued so developer shows that not even a single condition have been imposed by the PSPCL upon the developer which compel / force/ bind him to erect the LD system within stipulated period.

7        On each and every proceedings before this commission, the stand taken by PSPCL is that developer has not erected LD system as such they have not released the connection to consumer. But ultimately the consumer is suffering without any fault. The consumer is ready to deposit the service connection charges and other security charges but despite that the PSPCL is not releasing the connection to the consumer. In this matter the official of office of Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar alongwith PSPCL are responsible as they have failed to get the LD system erected within 6 months from the date of issue of NOC and consumer are standing on the same footing as they were in the year 2016 when the NOC was issued to the developer and further there is no hope for the consumer that officials of Deputy Director cum Competent Authority, Urban Local Bodies, Amritsar as well as PSPCL will erect the LD system in the near future. In such situation we are of the opinion that PSPCL should lay down the LD system themselves as the PSPCL authorities have failed to get the LD system erected in stipulated period so the PSPCL should issue the domestic connection to the consumer without any further delay.  This Commission is of the considered view that Consumer Protection Act is a benevolent legislation and based upon the principle to protect the rights of the consumers and this Commission have to look into the fact that where there is deficiency in service on the part of the party concerned, right of the consumer may be safe guarded and concept of entire Act is based on the principle of natural justice and equity. This Commission also relied upon the law laid down referred in the following judgments : Hon’ble Supreme Court of India in case Punjab State Electricity Board Ltd. Versus Zora Singh and others Civil Appeal No.4910-4981 of 2005 has held that electricity Board is a State within meaning of Article 12 of the Constitution. The Board is expected to discharge its statutory functions within a reasonable time. The Hon’ble Supreme Court of India further held that A ‘State’ within Article 12 of the Constitution of India must act fairly and bonafide it cannot act for a purpose which is wholly unauthorized and not germane for achieving the object it professes whether under a statute or otherwise. Similarly, Hon’ble Madras High Court in case titled as T.M.Prakash and others Versus District Collector, Tiruvannamalai District, Tiruvannamalai and anothers 2013 (4 ) CLT 829 held that accessibility to electricity was considered as right to life – Lack of electricity denies person to equal opportunities in education, suitable employment, health, sanitation and other socioeconomic right – hence amounts to violation of humanrights – Constitution mandates socio economic justice – Difficulties of women, children and aged persons living in huts without electricity was to be visualized – Hence mandatory on licence to provide electricity supply to occupants of promoboke lands on production of ‘No Objection Certificate. Petitioners entitled to seek electricity service connection – Respondents hence directed to provide electricity supply to petitioners.

8        This Commission also relied upon the law laid down by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case Punjab State Power Corporation Limited Versus Gurpiar Singh 2012(3) CPJ 217 and another judgment titled as Asstt.Engineer Jaipur Vidyut Vitran Nigam and others Versus Bodan Ram in Revision Petition No.3008 of 2003 where similar view is taken by the Hon’ble State Commission and law cited above. So far as an order passed by the Hon’ble Punjab & Haryana High Court in case titled as M/s.Impact Projects Private Limited and anothers Versus Punjab State Power Corporation Limited and other CWP 23009 of 2019 is concerned, the Hon’ble Punjab &Haryana High Court has also protected the right of the consumer and held that right of the consumer may not suffer due to negligence, cleverness and other acts of the colonizer. The relevant abstract of the judgement is reproduced particularly para 4.9 of the order as under :

“4.9 This matter can be examined from yet another perspective. If in the absence of complete infrastructure, the distribution licensee is forced to take over the incomplete local electricity distribution network, the consumer are likely to suffer.”

9        Keeping in view the law as above, this Commission is of the view that the right of the consumer should not suffer in any manner whatsoever. Since the electricity is dire need of life of anyone individual, hence, same is protected by the legislature by enforcing the present Act i.e. Consumer Protection Act.

10      The opposite parties have taken objection that the complainant is not a consumer and the present complaint is not maintainable. But the opposite parties/PSPCL have issued temporary connection to the complainant and the complainant is using the electricity since a long time and is paying the electricity charges to the opposite parties/ PSPCL and the complainant has also applied for permanent domestic connection, therefore he falls under the definition of prospective consumer.

11      In view of above discussion we partly allow the complaint and the opposite parties No.1 to 3 are directed to release permanent electricity connection (D.S) to the complainant after taking the requisite charges i.e. security (non-energy charges) etc. if not deposited by the complainant within two months from the date of receipt of copy of this order. However, opposite parties No.1 to 3 are at liberty to take appropriate action against the opposite party No. 4 (colonizer) as per law, if the opposite party 4 is not complying with the conditions as agreed between the parties. The complainant has been harassed by the opposite parties No. 1 to 3, the complainant is also entitled to 20,000/- as compensation on account of harassment and Rs. 10,000/- as litigation expenses. Opposite Parties No. 1 to 3 are directed to comply with the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realization. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission and due to COVID-19. 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.

18.01.2023