DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 35 of 29-01-2008<br /> Decided on :23-04-2008 <br /> <br /> Hardev Singh S/o Sh. Roor Singh R/o Village Sivian, Tehsil & District Bathinda. <br /> .... Complainant<br /> Versus<br /> <br /> 1.Punjab State Electricity Board, The Mall, Patiala, through its Secretary<br /> 2.The SDO/A.E.E. Punjab State Electricity Board, Sub Division Cantt, Bathinda.<br /> <br /> ... Opposite parties <br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Sh. Lakhbir singh, President<br /> Dr. Phulinder Preet, Member<br /> <br /> For the Complainant : Sh. Bikramjit Singh, Advocate.<br /> For the Opposite parties : Sh. J.P.S. Brar, Advocate.<br /> <br /> O R D E R<br /> <br /> LAKHBHIR SINGH, PRESIDENT<br /> <br /> 1. Instant one is a complaint under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act') which has been preferred by the complainant with the prayer that the opposite parties be directed to release him electricity connection at the earliest possible; pay him Rs. 50,000/- as compensation for financial loss, mental tension, agony, botheration and harassment and Rs. 5500/- as cost of the complaint.<br /> 2. Briefly put the case of the complainant is that he is the permanent resident of Village Sivian. House has been constructed by him in his fields. He is an employee of Punjab State Electricity Board and is presently posted as DG-I, at Guru Nanak Dev Thermal Plant, Bathinda. Electricity connection was applied for by him with opposite party No. 2 on 23.5.07 by way of depositing Rs. 900/- vide receipt No. 420, Book No. E/9200. Despite the fact that requisite formalities have been completed by him, opposite parties have failed to release electricity connection. They were bound to release it within 24 hours either temporarily or permanently. His allegation is that Shamsher Singh, Junior Engineer is inimical towards him and he is creating hurdles. Complaint against him has also been made by him to S.D.O. Sub Division, Cantt. Bathinda and Executive Engineer. No action has been taken as officers are hand in gloves with them. Instead of releasing the connection, letter No. 59 dated 11.1.08 was issued alleging that his property falls within the jurisdiction of Goniana Sub Division. In fact the feeder from which he has applied for connection is the best possible route for providing him connection. So many connections have already been released from that feeder. He is being harassed without any sufficient cause and reason. Act and conduct of the opposite parties have caused him mental agony, botheration, harassment, humiliation and loss to his repudiation.<br /> 3. In the reply of the complaint filed by the opposite parties, legal objections have been taken to the effect that complainant has suppressed material facts and he has not come with clean hands; complaint is bad for non-joinder of proper party i.e S.D.O. PSEB, Goniana Mandi; this Forum has got no jurisdiction to entertain and try the complaint and intricate questions are involved in this case and as such, matter is liable to be referred for decision to the civil court. On merits, they admit that complainant is resident of village Sivian. Electricity connection was applied for by him on 23.5.07 by way of depositing Rs. 900/-. The area where he wants to get connection falls within the jurisdiction of Sub Division, Goniana Mandi. Although he is employee of PS.E.B. he knowingly applied for electricity connection in wrong sub division. Concerned Junior Engineer of Cantt. Sub Division had visited the site. Complainant was apprised that the area where he wants electricity connection falls within the jurisdiction of Sub Division, Goniana Mandi and as such, Cantt. Sub Division cannot give connection. After this, his file alongwith all requisite papers was sent to S.D.O. Goniana Mandi vide Memo No 1835 dated 17.7.07. Thereafter this complaint has been filed by the complainant with malafide intention and also moved application to S.D.O. Cantt. demanding status of his complaint vide receipt No. 420 dated 23.5.07. In response to his letter, Memo dated 11.2.08 was issued. They have no knowledge regarding his relation with Shamsher Singh, Junior Engineer. He did not deposit the amount which he was asked to deposit after proper estimate by S.D.O. Sub Division, Goniana Mandi. They deny the remaining averments in the complaint. <br /> 4. In support of his averments contained in the complaint, complainant has produced in evidence three affidavits i.e. his own and that of S/Sh. Hardev Singh and Randhir Singh (Ex. C-1 to Ex. C-3) respectively, photocopy of payment receipt (Ex. C-4), photocopy of Memo No. 59 dated 11.1.08 (Ex. C-5), photocopy of letter dated 25.5.06 (Ex. C-6) and photocopy of bill (Ex. C-7).<br /> 5. In rebuttal, on behalf of the opposite parties two affidavits of S/Sh. Pritpal Singh, S.D.O./A.E. and Shamsher Singh (Ex. R-1 & Ex. R-2) respectively, copy of Rough Sketch (Ex. R-3), photocopy of Memo dated 1.8.07 (Ex. R-4), photocopy of estimate (Ex. R-5), photocopy of A&A Form (Ex. R-6), photocopy of contractor's report (Ex. R-7 & Ex. R-8), photocopy of affidavit of Sh. Hardev Singh (Ex. R-9), photocopy of letter (Ex. R-10), photocopy of Memo dated 17.7.07 (Ex. R-11) and photocopy of Ration Card (Ex. R-12) have been tendered in evidence.<br /> 6. We have heard learned counsel for the parties. Besides this, we have gone through the record.<br /> 7. There is no dispute about the fact that complainant has applied to opposite party no. 2 for getting domestic electricity connection by way of depositing Rs. 900/-. Coy of the payment receipt is Ex. C-4. He has constructed his house in his fields. Opposite parties have issued letter copy of which is Ex. C-5 intimating him that premises where he wants to get connection fall within the jurisdiction of P.S.E.B. Sub Division Goniana Mandi instead of Cantt. Sub Division, Bathinda.<br /> 8. Grouse of the complainant is that the feeder from which he has applied for connection to opposite party No. 2 is best possible route for providing connection to him. There are so many other persons to whom electricity connections have already been released from this feeder. Despite this, opposite parties are not releasing connection to him. Person behind the scene is Sh.Shamsher Singh, Junior Engineer who is inimical towards him and he is creating hurdles. For this complainant has placed his affidavit on the record and the affidavits of S/Sh. Mander Singh and Randhir Singh which are Ex. C-1 to Ex. C-3 respectively. Ex. C-7 is the copy of bill dated 12.10.07 issued to Mander Singh S/o Mukhtiar Singh near Kotha. Both Mander Singh and Randhir Singh have stated in their affidavits that there are numerous other houses in the area where the house of the complainant has been constructed and the owners of the houses are receiving electricity supply from the feeder from which complainant has applied and that the site of the complainant falls under Cantt. Sub Dvision. Bathinda.<br /> 9. Opposite parties are stating that the house of the complainant falls within the PSEB Sub Division, Goniana Mandi. Accordingly, intimation was given to the complainant. File of the complainant was sent to Goniana Sub Division from Cantt. Sub Division where estimate has also been prepared but the complainant has not deposited the requisite amount.<br /> 10. Material question for determination in this case is as to whether complainant is entitled to the release of electricity connection from a particular feeder from where he wants to get it released ? He alleges enmity with Shamsher Singh, Junior Engineer. He has also moved application , copy of which is Ex. C-6 to the Chairman of P.S.E.B. alleging that Shamsher Singh was demanding Rs. 20,000/- from him as illegal gratification for release of connection. He is further alleging that complaints were made by him to the S.D.O. Sub Division, Cantt and Executive Engineer, Sub Division, Cantt. but no action has been taken. In the complaint, complainant does not allege that Shamsher Singh, Junior Engineer was demanding Rs. 20,000/- from him. In para no. 5 of the complaint, there is no particular allegation regarding demand of Rs. 20,000/- by Shamsher Singh, Junior Engineer. Application copy of which is Ex. C-6 is dated 25.5.06. Fact that no action has so far been taken gives inference that his plea regarding enmity with Shamsher Singh and demand of Rs. 20,000/- by him from him is without any substance. Moreover Ex. R-2 is the affidavit of Shamsher Singh, Junior Engineer. He has denied any ill-will against the complainant or the demand of illegal gratification. Affidavit Ex. C-1 to Ex. C-3 stand amply rebutted with the affidavits Ex. R-1 & Ex R-2. Complainant has not mustered courage to place and prove on record the site plan showing the location of his house and the other record that his house falls within the jurisdiction of P.S.E.B Cantt. Sub Division, Bathinda. Mere vague affidavits of Randhir Singh and Mander Singh that there are numerous other houses in the area where the house of the complainant is located and the owners of those houses are receiving electricity supply from the feeder from which complainant has applied for is no ground to conclude with certainity that his house certainly falls within the jurisdiction of PSEB Sub Division Cantt. Bathinda. Complainant is required to stand on his own legs. Burden to prove deficiency in service is upon him as has been held in the case of Ravneet Singh Bagga Vs. M/s. K L M Royal Dutch Airlines & Another 2000(1) CLT 33. Complainant was required to establish his version by way of leading cogent and convincing evidence. He has not led evidence in the shape of public documents that his house falls under the jurisdiction of Sub Division Cantt. Bathinda. To the contrary, opposite parties have proved rough sketch Ex. R-3 which has been signed by Er. Pritpal Singh, S.D.O./AE Cantt. Sub Division, Bathinda. A perusal of this document reveals that site where complainant intends to get released the electricity connection falls within Goniana Sub Division. There is nothing to infer that Sh. Pritpal Singh, S.D.O. has animus or motive to give affidavit against the complainant. In the affidavit of Sh. Shamsher Singh he has stated that he has given details in the rough sketch Ex. R-3. According to him the dividing point between PSEB Sub Division, Cantt. and PSEB Sub Division Goniana Mandi is canal (Rajbaha) Behman Diwana. The area which falls towards Sivian side of Canal (Rajbaha) Behman Diwana falls within the jurisdiction of PSEB Sub Division Goniana Mandi and that has been marked in red ink and the area towards Thermal side from Canal Behman Diwana falls within the jurisdiction of PSEB Sub Divisional, Cantt. Bathinda. He has further explained that this is the reason the area of Mander Singh S/o Mukhtiar Singh falls within the jurisdiction of PSEB Cantt. Sub Division, Bathinda. He has further explained that complainant's side falls within the Sivian Gram Panchayat and Goniana Sub Division. Some area which is Industrial area under urban feeder on Bathinda Sivian Road also falls within the jurisdiction of PSEB Sub Division, Cantt. Bathinda. He has categorically stated that the house of the complainant is beyond the area of Sivian and it is a single house Dhani (Farm House) and is away from Village Sivian about 600/700 meters. Two electric lines i.e. 11 KV Rural Sivian and other 11 KV UPS (Sivian Urban) run adjoining the house of the complainant and are at the distance of about 35 meters and 80 meters respectively away from his house. They fall under the jurisdiction of PSEB Sub Division, Goniana Mandi. As discussed above, no counter site plan has been placed on record by the complainant in support of his version. Site was inspected by Sh. Shamsher Singh and matter was brought to the notice of the complainant. Feasibility of release of connection is to be determined by the competent officers of the PSEB. One cannot compel the competent authority to release him connection according to his choice and from particular feeder. Shamsher Singh has further made it clear that complainant does not want to get connection from the above said electric lines although S.D.O. PSEB Sub Division, Goniana Mandi has issued demand notice to him. He has knowingly not made compliance of it. Copy of the letter of Assistant Executive Engineer, Sub Division, PSEB,Goniana is Ex. R-4 according to which he has been directed to deposit Rs. 26,471/- . Copy of the estimate is Ex. R-5. Competent officers of the Board cannot be compelled to release connection to the complainant by way of violating the rules and policy of the Board. When connection to the complainant cannot be released by Cantt. Sub Division keeping in view the feasibility, rules and regulations and complainant is not willing to get electricity connection from Sub Division, Goniana Mandi, he is at fault. No deficiency in service on the part of the opposite parties is proved.<br /> 11. In the premises written above, crux of the matter is that complaint is meritless. Accordingly, it is dismissed. Parties are left to bear their own costs.<br /> Copy of this order be sent to the parties concerned and file be consigned to record room.<br /> Pronounced :<br /> 23-04-2008 (Lakhbir Singh )<br /> President<br /> <br /> (Dr.Phulinder Preet)<br /> Member