Present: Sh. Ranjit Singh counsel for the complainant.<br /> Sh. Rajneesh Garg counsel for the opposite parties.<br /> <br /> ORDER<br /> DHARAM SINGH PRESIDENT<br /> Ashwani Kumar complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite parties to restore the connection and to pay Rs.20,000/- as compensation for mental tension, harassment and inconvenience besides Rs.5,000/- as litigation expenses. <br /> 2. The complainant averred in his complaint that he is the consumer of the opposite parties having an electric connection bearing account No. DF-36/0776 with a sanctioned load of 0.32 KWs. The complainant is paying all the electricity consumption bills as and when received by the complainant and nothing on account of consumption charges is due towards the complainant. On 15/3/2007 at about 2.00 P.M. the connection of the complainant has been disconnected by the employees of the opposite parties without disclosing any reason. No employees of the PSEB ever checked the connection of the complainant and complainant has not received any notice or letter of demand from the opposite parties. So this is clear cut deficiency in service and unfair trade practice. The complainant never committed any theft nor violate any other condition of the PSEB, so the disconnection of the complainant by the employees of PSEB is illegal and wrongful. The complainant approached the opposite party no. 2 to restore the electric connection but the opposite party No. 2 neither disclose any reason nor agree to restore the connection and the complainant is suffering due to non availability of the electricity which is essential for daily life. The act and conduct of the opposite parties has caused a great mental tension and harassment to the complainant for which the complainant claims a sum of Rs.20,000/- as compensation from the opposite parties, besides above the complainant also claims a sum of Rs.5,000/- as litigation expenses from the opposite parties. Hence the present complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 19/3/2007 complaint was admitted and notice was ordered to be issued to the opposite parties. <br /> 4. On receipt of the notice the opposite parties appeared through Sh. Rajneesh Garg Advocate and filed written reply taking preliminary objections that the opposite parties have not been properly impleaded so the complaint in the present form is not maintainable. The complainant does not fall under the definition of consumer as defined under Consumer Protection Act. The complainant does not have any cause of action. The complaint has been falsely filed so liable to be dismissed. On merits the opposite parties submitted that it is wrong that the opposite parties disconnected the electricity connection of the complainant. The connection was never disconnected. The employees of the PSEB just want to check the electricity connection of the complainant as per rules and regulations but they have never disconnected the electricity connection of the complainant. The meter of the complainant is installed on the top floor of the house. The employees of the opposite parties went to install the meter at the main gate as per rule and regulations of the PSEB as Meter Reader has to go to Second floor by passing through first floor which is in possession of some other person. The complainant filed false and frivolous complaint by giving the wrong facts. So there is no deficiency of service on the part of the opposite parties. As the connection was not disconnected so there is no question of approaching the opposite parties to restore the same. The connection was working and the same is still working. The complainant is not entitled for any compensation or litigation expenses. So the complaint of the complainant may kindly be dismissed. <br /> 5. Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence his affidavits Ex.C-1 and Ex.C-2, copy of bill dated 12/2/2007 Ex.C-3, receipt dated 1/3/2007 Ex.C-4, copy of application dated 12/4/2007 Ex.C-5, copy of stay order dated 19/3/2007 Ex.C-6, copy of application dated 283/2007 Ex.C-7, copy of receipt of notice of this Forum Ex.C-8, copy of receipt dated 20/4/2007 Ex.C-9, copy of receipt dated 16/3/2007 Ex.C-10, copy of bill dated 16/3/2007 to 20/4/2007 Ex.C-11, copy of report slip dated 20/4/2007 Ex.C-12 and closed his evidence. <br /> 6. In order to rebut the evidence of the complainant the opposite parties tendered in their evidence affidavit of Sh. Amarjit Singh AEE Ex.R-1 and their evidence closed by order of this Forum dated 26/7/2007. <br /> 7. We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.<br /> 8. Learned counsel for the complainant has submitted that the opposite parties have illegally disconnected the electric connection of the complainant. Even they have not restored the same after receiving the copy of the stay order passed by this Forum. Complainant is entitled to compensation to the tune of Rs.20,000/- on account of disconnection of the electric connection. Complainant also is entitled to the compensation of Rs. 40,800/- incurred by the complainant for treatment of his daughter, who fell ill due to Malaria for want of cooling house of the complainant due to disconnection of the connection, Yashika Jindal daughter of complainant remained under treatment from 16/3/2007 to 20/4/2007 in Chandigarh Clinic and Nursing Home, Bathinda. <br /> 9. Learned counsel for the opposite parties has submitted that the electric connection of the complainant was never disconnected by them. They had proposal to bring the electric meter down on the ground floor from the second floor as first floor is being occupied by some other person who feels inconvenience when Meter Reader of opposite parties goes upstairs to take meter reading. There is no separate passage to the second floor from the ground floor. Even as per instructions of the PSEB the meter is to be installed on the outer side of the premises of the consumer. So that no person is disturbed by the visit of the employees of the opposite parties. <br /> 10. There is no record if ever the electric connection of the complainant has been disconnected by the opposite parties. The opposite parties wanted to shift the electric meter from the second floor to the ground floor so that some other person occupying first floor is not disturbed. Complainant did not allow the opposite parties to do so. The complainant thus can be said to have filed this complaint just to deter the opposite parties from shifting of the electric meter. <br /> 11. The daughter of the complainant Yashika Jindal may have been getting treatment from Chandigarh Clinic and Nursing Home, Bathinda due to disease of Malaria but this disease is not related to disconnection of the electric connection. Even this claim is beyond the pleadings. It is after thought idea though not connected with deficiency of service.<br /> 12. The opposite parties having not disconnected electric connection of the complainant were not required to restore the electric connection. Thus complainant can be said to have got injunction order by misrepresentation of the facts. In view of the aforesaid facts and circumstances there is no deficiency of service on the part of the opposite parties. Even the electric connection if still has not been restored then complainant could get inspected electric connection with regard to its working by getting appointed Local Commissioner. He has not done so due to the reasons best known to him. <br /> 13. In view of the aforesaid facts and circumstances the complaint filed by the complainant being devoid of merits is dismissed. However there is no order as to costs due to peculiar circumstances of the case. Copies of the order be sent to the parties free of costs. File be consigned to the record room. <br /> Announced in open Forum:<br /> Dated: 18/12/2007<br /> <br />