<br /> Present: Sh. S.S. Sidhu counsel for the complainant.<br /> Sh. M.S. Brar counsel for the opposite parties.<br /> <br /> ORDER<br /> DHARAM SINGH PRESIDENT<br /> Harbhajan Singh complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite parties to issue the licence for permanent electric motor connection of 5 BHP and to pay Rs.50,000/- as compensation for mental tension, harassment and inconvenience and also to pay Rs.5500/- as litigation expenses.<br /> 2. The complainant averred in his complaint that he is an Ex-Serviceman and is having his agricultural land and residence at village Jeonwala, Tehsil and District Faridkot. On 25.3.2004 the complainant applied for permanent electric motor connection of 5 BHP for his fields from Ex-Serviceman quota as per the scheme of the Government launched at that time vide B.A. 16 Book No. D-64865 receipt No. 213 dated 25.3.2004 and for this purpose an amount of Rs.25,000/- were deposited by the complainant with the opposite party No. 1. Thereafter the opposite parties installed electric poles and electric wires and issued temporary electric motor connection after 25.3.2004 and since then the temporary electric motor connection is running at the spot and the complainant is irrigating his fields through the said connection. As per rules of the opposite parties the opposite parties were bound to issue permanent electric motor connection immediately after the deposit of the amount of Rs.25,000/- as the said scheme approved by the Government. The opposite parties have not complied with the terms and conditions of the said scheme and have failed to issue permanent electric motor connection to the complainant. Rather now they threatened to remove the electric wires and electric poles of the complainant and disconnect the electric motor connection of the complainant. The complainant requested the opposite parties many times to issue permanent electric motor connection but they linger on the matter under one pretext or the other. He visited the office of the opposite party No. 1 and 2 many times but without any fruits. The complainant is mentally upset and in tension due to this act of the opposite parties and they harass the complainant. So the complainant is entitled to Rs.50,000/- as compensation and Rs.5500/- as litigation expenses. Hence this complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 29.5.2007 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. M.S. Brar Advocate and filed written reply taking preliminary objections that the complainant applied for tubewell connection in Priority Category from Ex-Servicemen Quota. The turn of the complainant has not ripened so far. The complainant arbitrarily connected the tubewell supply with the PSEB main service line. The connection of the complainant was checked on 22.3.2007 by the Sr. Executive Engineer (Enforcement), PSEB, Ferozepur alongwith its staff. The complainant was found using the electricity without releasing the connection and he was found indulging in theft of energy. So this Forum has no jurisdiction to hear and try the complaint. The complainant is not the consumer of the PSEB as he applied for tubewell connection on priority category and the connection of such quota category has been issued up to Serial no. 54 whereas the complainant is at Serial No. 95 so the turn of the complainant has not ripened so far, but the complainant himself has started using the tubewell supply without any proper sanction of the any competent authority. On merits the opposite parties admitted that the complainant applied for electric connection of 5 BHP motor from Ex-Servicemen Quota and he deposited the requisite amount as demanded by the board but the seniority of the complainant is at Serial No. 95 and the connections up to Serial No. 54 have already been issued and the turn of the complainant has not ripened so far. No service connection order was issued. Temporary tubewell connection was never issued to the complainant. A notice No. 351 dated 26.4.2007 was issued to the complainant for depositing the amount of Rs.75,000/- due to theft of energy as the consumer was found indulging in theft of energy. The connection will be released strictly according to the seniority maintained in the office of the Board. The connection will be released to the complainant on his turn as and when it comes. The complainant has no right, title or interest to retain the unauthorized connection. He has unnecessarily filed the present complaint so the board is entitled for litigation expenses and damages on account of unnecessary harassment being caused by the complainant. The complainant is not entitled for any compensation of Rs.50,000/- and litigation expenses of Rs.5500/-. So the complaint be dismissed with heavy costs. <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 affidavit Ex.C-1, copy of sale deed Ex.C-2, copy of receipt Ex.C-3 and closed his evidence. <br /> 6. In order to rebut the evidence of the complainant the opposite parties tendered in their evidence affidavit of Tara Singh, AE, Mudki Ex.R-1, copy of checking report dated 22.3.2007 Ex.R-2, copy of memo No. 351 dated 26.4.2007 Ex.R-3, copy of seniority list Ex.R-4, copies of seniority list Ex.R-5 to Ex.R-14, affidavit of Tara Singh AE Ex.R-15, affidavit of Jasvir Singh SEE Enforcement PSEB Ferozepur Ex.R-16 and closed their evidence.<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 complainant is entitled for release of agriculture purpose electric connection as the opposite parties have given electric connection to Joginder Singh and others juniors to the complainant in the list of the applicants.<br /> 9. Learned counsel for the opposite parties have submitted that the complainant is not entitled for release of electric connection as his turn so far has not matured for release of electric connection. Joginder Singh has been given electric connection in a scheme for arrangements of transformers of their own expenses for release of electric connection for which separate seniority list is to be prepared. <br /> 10. From the perusal of the seniority list it is made out that the name of the complainant appears at Serial No. 95 in the list of the applicants out of which only about 60 applicants have been given electric connections.<br /> 11. From the perusal of the commercial circular No. 46/2004 it is made out that the opposite parties have floated a scheme of installation of 11/.4 KVA distribution transformer offered to the prospective tubewell consumers. As per this scheme the consumer who are ready for installation of their own distribution transformer shall be allowed overriding priority for the release of tubewell connection in a separate queue of the test reports. So as per this scheme Joginder Singh have applied for release of electric connection by purchasing transformer from his own pocket. The seniority list ordered by the Forum in this regard has been placed on the file by the opposite parties. As per this scheme about eight applicants in Ex-Servicemen priority list have been applied.<br /> 12. From the above noted facts and circumstances that there is no bypassing of the seniority by the opposite parties for release of the connection of the complainant. The turn of the complainant so far has not matured for release of electric connection. So there is no deficiency of service on the part of the opposite parties. <br /> 13. In view of the aforesaid facts and circumstances the complaint filed by the complainant being devoid of merits is dismissed. 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: 24.1.2008<br />