DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No.247 of 16.6.2016
Decided on: 10.8.2017
Jarnail Singh, aged about 45 years, son of Sh.Ishar Sigh, resident of village Nanhera Tehsil Patran, District Patiala.
…………...Complainant
Versus
- The Assistant Engineer, Sub Division Badshahpur, Punjab State Power Corporation Ltd.,Tehsil Samana, District Patiala.
- The Managing Director, Punjab State Power Corporation Ltd., The Mall, 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.R.S.Lakhanpal,Advocate,counsel for complainant.
Sh.H.S.Dhaliwal,Advocate,counsel for opposite parties.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Jarnail 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.) . The brief facts of the complaint are as under:
2. That the complainant applied for installing AP electric tubewell connection under the scheme of 1 Acre to 2.5 acres of land, situated at village Nanhera, Tehsil Patran District Patiala. He received demand notice bearing No.917 dated 19.2.2014 in respect of application No.7925/AP dated 11.2.2013 for load of 15KW single three phase 230/1000/11000 voltage alongwith terms and conditions of the same. He deposited Rs.200/- as E.I. fees. An estimate to the tune of Rs.92,180/- was prepared. The total amount of Rs.1,11,639/- was deposited on 4.4.2016, vide receipt no.229 with the OPs. Thereafter, he approached and requested the OPs for releasing the connection but to no effect. Ultimately he got issued a legal notice dated 26.5.2016 upon the OPs calling upon them to release the electric tubewell connection but all in vain. It is averred that he came to know from his own source that the OPs were not releasing the electric tubewell connection for want of his ownership on the land. It is stated that the complainant was cultivating the land on which the electric tubewell connection was to be got installed for the last many years as Gair Maroosi. The act and conduct of the OPs in not releasing the electric connection for tubewell is arbitrary, null and void and not justified. It amounted to deficiency in service on the part of the OPs which also caused mental agony, physical harassment as well as monetary loss to the complainant. Hence this complaint with a prayer for a direction to the OPs to release the electric connection for tubewell. They may also be directed to pay Rs.50,000/-as compensation alongwith anyother relief which this Forum may deem fit.
3. On being put to notice, the OPs appeared and filed the written version taking preliminary objections that the complaint is not maintainable and the complainant has no cause of action to file the present complaint before this Forum. On merits, It is admitted that the complainant applied for AP connection for installing the electric connection for tubewel in 1 to 2.5 acre of land category. In this category, only those persons could apply for connection, who has not less than one acre of land or not more than 2.5 acre of land. It is also compulsory that the applicant should be the owner of the land in question. It is stated that the complainant applied for connection and also submitted the jamabandi for the year 2012-13 of village Nanhera. The OPs were ready to install the connection in the land of the ownership of the complainant but he did not want to get install the connection in the land of his ownership and wanted to install the connection in the land which belongs to a Dera. It is further stated that at the time of applying the connection, the complainant had executed an affidavit, in which he undertook that the land in which he intended to install the connection is his own name but now he is asking to install the connection in the land of Dera. It is further stated that the OPs issued demand notice no.257 dated 18.3.2016, wherein it was clearly mentioned that the applicant should be the owner and in possession of land in which he wants to get the connection installed. It is stated that the OPs are still ready to install the connection in the land of ownership of complainant but the complainant himself does not want to install the connection. He was explained that the connection could not be installed in the land of Dera and it could be installed at his own land. It is admitted that the complainant deposited an amount of Rs.1,11,639/- as per the estimate. There is no deficiency of service on the part of the parties. After denying all other averments made in the complaint, prayer was made to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence, affidavit of the complainant,Ex.CA, affidavit of Avtar Singh, Ex.CB alongwith documents Exs.C1 to C7 and closed the evidence.
The ld. counsel for the OPs tendered in evidence Ex.OPA affidavit of Er.Sukhraj Singh,SDO alongwith documents Exs.OP1 to OP4 and closed the evidence.
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 AP connection for installing electric tubewell connection. He received demand notice no.917 dated 11.2.2013. He deposited E.I.fees of Rs.200/- . He also deposited the estimated amount of Rs.1,11,639/- on 4.4.2016 vide receipt, Ex.C6 but the OPs failed to release the connection till yet.
7. The ld. counsel for the OPs has submitted that on receipt of the application from the complainant, a demand notice no.257 dated 18.3.2016, was issued to the complainant for completion of certain formalities. In term No.20, printed on the back side of the demand notice,Ex.OP4, it is mentioned that the applicant has to provide the Fard, showing that the applicant is the owner and is in possession of one acre or more than one acre land and if there are more than one owner of the said land, then the applicant shall furnish the ‘No Objection certificate’ of the other co-owners. In term No.21, it is further mentioned that the applicant has to give an undertaking to the effect that he/she has no tubewell connection in Punjab. There is no deficiency in service on the part of the OPs.
8. Admittedly complainant applied for electric connection for tubewell. We have gone through the copy of Electricity Supply Instructions Manual , produced by the ld. counsel for the Ops during the course of arguments, which has been marked as ‘A’. As per condition No.3.3 (Conditions for Registration of Tubewell Applications i) Proof of ownership/occupancy “The applicant shall produce documentary evidence to show that he is the lawful owner or occupier of the premises wherein he wants the connection to be released. If he is a tenant or a lease holder and is unable to produce the consent of the owner/land lord for availing electric connection, he shall indemnify the PSPCL in the prescribed form against any action brought by the owner/land lord against the PSPCL for release of connection”.
(a) No separate undertaking/indemnity Bond is required in cases of DS/NRS (L.T.Supply) connections, where the applicant for an electric connection is unable to obtain written consent of the owner/and landlord in view of Clause 4 of A&A form CS-1A of COS. All other applicants will be required to execute the indemnity bond on the prescribed format on stamp paper of Rs.15/-
The indemnity bond shall be part of agreement and shall remain attach therewith
…………………………”
From the copy of jamabandi Ex.C4 it is evident that Gurudwara Sahib(Dera Inderdass chela Dharam Dass chela Viram Dass Sadudasi Moietmim) is the owner of the land and complainant has been cultivating the said land as Gair Maroosi. In the affidiavit,Ex.CA, the complainant has deposed that he has been cultivating the land for last many years as ‘Gair Maroosi’. From the copy of receipt No.299 dated 4.4.2016,Ex.C6, it is evident that the complainant has deposited the amount of Rs.1,11,639/-with the Ops, as per the demand notice dated 18.3.2016,Ex.OP4,issued by them. Since the complainant is cultivating the land in question for so many years and he had already paid the sum of Rs.1,11,639/- as per the demand notice, therefore, he being the occupant of the said land, is thus entitled to get the electric connection for tubewell as per instruction 3.3 of Electricity Supply Instruction Manual as referred to above, on completion of formalities, if any .
9. In view of the aforesaid discussion, we accept the complaint and direct the OPs to release the electric connection to the complainant as applied for by him, within a period of two months from the date of the receipt of the certified copy of the order, provided if he fulfills all other requirements.The Ops shall also pay a sum of Rs.2500/- as costs to the complainant. Certified copies of the order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 10.8.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
