BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.511 of 2014
Date of institution: 13.08.2014
Date of Decision: 04.08.2015
Neelam Uppal wife of Late Naresh Uppal, resident of House No.586, Vishranti City, Back Side Best Price, Village Gazipur, Zirakpur, Tehsil Derabassi, District Mohali, SAS Nagar, Punjab.
……..Complainant
Versus
1. Punjab State Power Corporation Limited, through SDO Zirakpur, District Mohali, SAS Nagar, Punjab.
2. M/s. Sai Apartments and Infrastructure Ltd. Vishranti City Village Gazipur, Zirakpur, SAS Nagar, Mohali through its Managing Directors/Partners.
IInd Address: Rajinder Gulati & Surinder Bansal, SCO 45, Sector 9, Panchkula.
3rd Address: Sushil Bindal, House No.58, Sector 9, Panchkula.
(Names of OP No.2 i.e. Rajinder Gulati, Surinder Bansal and Sushil Bindal deleted from the memo of parties vide daily order dated 08.11.2015)
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
ARGUMENTS HEARD AND DECIDED BY THE CORAM
Shri Amrinder Singh Sidhu, Presiding Member
Mrs. R.K. Aulakh, Member.
Present: Shri Amitabh Suri, counsel for the complainant.
Shri Ashok Sharma, counsel for OP No.1.
None for OP No.2.
(Amrinder Singh Sidhu, Presiding Member)
ORDER
The complainant filed the present amended complaint pleading that she had purchased two plots numbered 586 and 587 Vishranti City Backside Best Price, Village Gazipur, Zirakpur, Tehsil Derabassi, District Mohali by taking necessary permissions from concerned departments of the approval of the maps from the concerned Municipal Council of Zirakpur (Ann. P-1 and P-2). After the completion of construction, the complainant took NOC and completion certificate from M.C. Zirakpur vide letter dated 20.03.2013 (Ann. P-7 to P-10). The complainant completed all the requirements and deposited the file for permanent electricity connection with electricity department. After all the verification of documents electricity department allotted/issued 3 phase permanent electricity connection meters in the name of the complainant on dated 04.04.2013 and meter Numbers were BS22/3068 SCO 159/51072, SR No.1126685 and BS 22/3069, SCO 160/51072 SR No.1126686 for above mentioned both houses on the payment of Rs.29,760/- for two meters and Rs.14,880/- for each meter vide receipt No.116 book No.4000, serial No.6618 dated 04.04.2013 and 117 book No. and serial No.6618 dated 04.04.2013. OP No.1 delayed in the installation of permanent meter connection on one pretext or other and then on the huge hue and cry of the complainant, OP No.1 asked to the complainant that the permanent connections had been stopped so alternatively the complainant was told to take temporary connection. Complainant agreed to it as she has no other alternative as OP No.1 is working as monopolistic and it practiced restrictive and unfair trade practice which is also deficiency in service. The complainant under forced situation applied for temporary electricity connection on 29.07.2013 book No. and serial No.6616 receipt No.400 of Rs.4375/- despite the fact that the complainant was under constitutional right of permanent electricity connection. The complainant was forced to pay approximately Rs.13/- per unit because of temporary connection instead of rate of Rs.6/- the rate of permanent electricity connection per unit. Till 29.07.2013 complainant was charged Rs.27000/- instead of Rs.11000/-. The complainant further alleged that OP No.2 again in 2013 advertised that the license approved by Urban Local Bodies Department vide letter No.3DDSS-2011/17750 dated 14.12.2011, site plans duly approved by Chief Town Planner prescribed authority vide letter No.CTP-12/183 dated 14/25.03.2013. OP No.1 did not provide basic amenities and facilities to the complainant who has spend her hard earned life savings in purchasing plots believing on the big lucrative promises of the colonizer. The complainant also alleged that OP No.2 advertised through newspapers/brochure that OP No.2 was issued license U/s 5 of the Punjab Apartment and Property Registration Act, 1995 for developing residential colony under M.C. Zirakpur, SAS Nagar, Mohali in 2010. Lastly the complainant prayed for:
(a) refund of Rs.16,000/- alongwith interest from OP No.1 which was illegally charged from the complainant.
(b) interest from the date of construction till its utilization, on cost of construction of houses which is approximately Rs.30.00 lacs on account of its vacancy due to fault of the OPs.
(c) to pay her Rs.1,50,000/- for harassment and mental agony by OP No.1 and OP No.2.
(d) any other relief this Forum may deem fit.
However, in the beginning of complaint, the complainant stated that the main grievance of the complainant is that the OP No.1 has not released electricity through permanent meter connection to the complainant despite receiving payment and issuing receipt dated 04.04.2013.
2. After the service of notice, the Ops appeared before this Forum through their respective counsels. OP No.1 filed reply on 17.12.2014 and OP No.2 did not file written reply rather filed MA Application No.292 for dismissal of complaint qua OP No.2 as well as deletion of its name from the array of the parties. Ld. Counsel for the complainant stated that he has no objection if the name of the persons mentioned on the second address of OP No.2 is deleted from memo of parties. In the light of it, MA application is allowed and names of the persons mentioned in the second address of OP No.2 is deleted from the memo of parties and OP No.2 is given last opportunity to file the written statement vide daily order dated 08.01.2015. OP No.2 did not file written statement despite providing many opportunities to it. OP No.1 filed reply to the complaint and took preliminary objections that this Forum has no jurisdiction to entertain the present complaint as the matter on the same cause of action is pending before Hon’ble Punjab and Haryana High Court; non joinder of necessary parties. OP No.1 submitted that the release of electricity connections in a newly built colony requires a procedure to be followed. The procedure for release of connections to the residential colonies/group housing societies etc. has been provided for under Clause 8.5 of the conditions of supply. OP No.1 further submitted that individual residents have instituted a series of litigation against the PSPCL in various courts of law including the Hon’ble Punjab and Haryana High Court praying that electricity connections to be released to them and PSPCL is not responsible for delay caused in release of electricity connections and there is no deficiency in service on the part of OP No.1 in any respect and prayed for dismissal of the present complaint.
3. To succeed in the complaint, the complainant proved on record affidavit Ex.CW-1/1 and tendered in evidence documents Exb.C-1 to C-20.
4. Evidence of the OPs consists of affidavit of Khushwinder Singh, Sub Divisional Engineer Exb.OP-1/1 and copies of document Exb.OP-1 & OP-2.
5. We have heard learned counsel for the parties and have also gone through the file.
6. In the present complaint, the complainant completed the requirements and deposited the complete file for permanent electricity connection with the Punjab State Electricity Board (now Punjab State Power Corporation) to issue 3 phase permanent electricity connection meters in the name of the complainant on dated 04.04.2013 and paid total fee of Rs.29,760/- for two meters and Rs.14,880/- for meter No. BS 22/3068 SCO 159/51072 Sr. No.1126685 vide receipt No.116 book No.4000 serial No.6618 dated 04.04.2013 for 586 and Rs.14,880/- for meter No.BS 22/3069 SCO 160/51072 SR No.1126686 vide receipt No.117 book No. and serial No.618 dated 04.04.2013 for 587 which are proved by receipts Exb.C-3 and C-4. Therefore, the complainant is consumer of OP No.1 as she has availed services of OP No.1 for consideration. Further the complainant is consumer of OP No.2 as complainant purchased two plots Ex.C-1 and C-2 for consideration on the lucrative promises to provide facilities for living as per their brochure which is Ex.C-17. This Forum has pecuniary jurisdiction because subject matter involved in this complaint is less than Rs.20.00 lacs and territorial jurisdiction because OPs are carrying on business within the revenue limits of this Forum. The complaint is within limitation because the complainant has continuing/recurring cause of action against the OPs because OPs keep on the matter pending till the filing of this complaint.
7. OPs took preliminary objection that this Forum has no jurisdiction is not sustainable because OP No.1 failed to tender in evidence any document which proves that the matter on the same cause of action is pending before Hon’ble Punjab and Haryana High Court. Therefore, this Forum has jurisdiction to try and adjudicate upon this matter. Further the OP No.1 took preliminary objection that complainant intentionally did not make the Punjab State Power Corporation Ltd. through its authorised and competent person as a party and filed the instant application against SDO, PSPCL Zirakpur. This objection is also not sustainable because dismissal of complaint on such ground will amount to hyper technical ground which are not sustainable as Consumer Protection Act, 196 (as amended upto date) aims to provide simple, speedy and inexpensive justice to the consumers. The OP No.1 submitted in its reply that PSPCL issued two temporary connections in the premises of the complainant. OP No.1 in its reply admitted that two temporary connections issued to the complainant but they are silent about the issuance of two permanent connection meters in the name of the complainant on 04.04.2013 vide meter No.BS22/3068 SCO 159/51072 SR No.1126685 and BS22/3069 SCO 160/51072 SR No.1126686 for both houses No.586 and 587 Vishranti City, Back side Best Price, Village Gazipur, Zirakpur, Tehsil Dera Bassi, District Mohali SAS Nagar, Punjab. This silence of OP No.1 amounts to admission on the part of OP No.1 that the above mentioned permanent connections are issued to the complainant. Moreover, the complainant has proved these receipts by placing them on record as Exb.C-3 and C-4. It is further submitted that the release of electricity connection in the newly built colony requires the procedure to be followed, which provides the ‘Concerned Developer’ must first submit the requisite documents, following the scrutiny of which, NOC shall be given subject to satisfaction of the concerned Chief Engineer (Commercial). Thereafter the PSPCL issued a demand notice the amount of which must be borne by the Developer/Builder. It is submitted that it is only after the aforementioned formalities are fulfill and the amount is deposited by the Developer/Builders, actions can be taken to release the electricity connection as and when the application for the connection are received by the OP No.1 from the residents. So while issuing above stated receipts dated 04.04.2013 and meter connections to the complainant by the OP No.1, OP No.1 itself omitted to follow the due process which is mentioned above by OP No.1 for issuing the meter connection. OP No.1 is duty bound to follow the due process for issuing of the meter connection which it did not followed. Once the OP No.1 has received payment from the complainant without following the due process (which is mentioned by the OP No.1 in their reply itself) then it cannot withdraw from it as one cannot take benefit of his own wrong. It is the OP No.1 itself who did not follow the due procedure and issued meter connections to the complainant after taking required fee from her. After issuing the permanent meter connection to the complainant, OP No.1 did not release the electricity to the complainant and withdraw the connections at their own without following any rules and regulations which is deficiency on the part of OP No.1. Therefore, OP No.1 is held liable not only for deficiency in service for not following the procedure before issuing the permanent connection to the complainant but also negligent for withholding the release of electric connection to the complainant. Further in order to hide their own mistake the OP No.1 compelled the complainant to take temporary meter connection which amounts to unfair trade practice.
8. Further complainant has alleged that OP No.2 neither completed nor developed the work as the complainant is still awaiting for the basic amenities as required under PAPRA Act 1995 and Rules provided thereunder. OP No.2 who is promoter/developer is not addressing to the grievance of the complainant who had spent their hard earned life savings in purchase of plots believing on the big lucrative promises of the colonizer but OP No.2 did not provide even actual basic facilities which OP No.2 is bound to provide under the above stated statute and license provided. Complainant has filed her affidavit which is Ex.CW-1/1 to this effect. OP No.2 omitted/failed to file reply to the complaint despite providing opportunity for that. From the contents of the complaint and reply of OP No.1, it is clear that OP No.2 received payment from the complainant without having all the necessary approvals and sanctions from all the competent authorities. If OP no.2 has necessary approvals/sanctions from Punjab State Electricity Board (Now Punjab State Power Corporation) then the complainant would not have suffered as she has suffered. Moreover, OP no.2 omitted/failed to prove on record that it has all the necessary approvals and sanctions from all the competent authorities. Hon’ble National Commission in Kamal Sood Versus DLF Universal Ltd. 2007 (2) CLT 440 held that a builder cannot receive the amount from the buyer unless he has all the necessary approvals and sanctions from the various authorities. In the present complaint OP No.2 received payment from the complainant without having necessary sanctions from the Punjab State Electricity Board (Now Punjab State Power Corporation) and, therefore, OP No.2 is guilty of practicing unfair trade practice upon the complainant. Further OP No.2 is held guilty of being negligent for not redressing the grievance of the complainant for such a long period
9. In view of above discussion, the complaint is partly allowed qua OP No.1 and 2.
OP No.1 namely Punjab State Power Corporation Limited, through SDO Zirakpur, District Mohali, SAS Nagar, Punjab is directed to:
(a) restore/release both the meter connections and also release the supply of electricity to the complainant.
(b) to pay to the complainant compensation of Rs.20,000/- (Rs. Twenty thousand only) on account of harassment and mental agony suffered by the complainant due to negligence of OP No.1.
And OP No.2 namely M/s. Sai Apartments and Infrastructure Ltd. Vishranti City Village Gazipur, Zirakpur, SAS Nagar, Mohali through its Managing Directors/Partners is directed to:
(a) pay to the complainant compensation of Rs.2.00 lacs (Rs. Two lacs only) on account of harassment and mental agony suffered by the complainant due to negligence of OP No.2.
(b) to pay to the complainant Rs.10,000/- (Rs. Ten thousand only) as costs of litigation expenses.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
August 04, 2015.
(Amrinder Singh Sidhu)
Presiding Member
(Mrs. R.K. Aulakh)
Member
