NCDRC

NCDRC

RP/2348/2010

SURJAN SINGH - Complainant(s)

Versus

PUNJAB STATE ELECTRICITY BOARD & ORS. - Opp.Party(s)

MR. MANDEEP K. SAAJAN

10 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2347 OF 2010
 
(Against the Order dated 16/10/2009 in Appeal No. 1490/2003 of the State Commission Punjab)
1. PARMINDER SINGH
Resident of Village Machhie Ke, Tehsil Zira
Ferozpur
Punjab
...........Petitioner(s)
Versus 
1. PUNJAB STATE ELECTRICITY BOARD & ORS.
Through its Chairman
Patiala
Punjab
2. EXECUTIVE ENGINEER, (THE MACHHIE KE AREA)
P.S.E.B. Office of Mallan Wala, Tehsil Zira
3. S.D.O. PUNJAB STATE ELECTRICITY BOARD
Mallanwala, Tehsil Zira
...........Respondent(s)
REVISION PETITION NO. 2348 OF 2010
 
(Against the Order dated 16/10/2009 in Appeal No. 1491/2003 of the State Commission Punjab)
1. SURJAN SINGH
Resident of Village Machhie Ke, Tehsil Zira
Ferozpur
Punjab
...........Petitioner(s)
Versus 
1. PUNJAB STATE ELECTRICITY BOARD & ORS.
Through its Chairman
Patiala
Punjab
2. EXECUTIVE ENGINEER, (THE MACHHIE KE AREA)
P.S.E.B. Office of Mallan Wala, Tehsil Zira
3. S.D.O. PUNJAB STATE ELECTRICITY BOARD
Mallanwala, Tehsil Zira
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. MANDEEP K. SAAJAN
For the Respondent :
Ms.Sapna Chauhan, Advocate

Dated : 10 Apr 2012
ORDER

Complainant/petitioner was having electric connection from the respondent for running 3 BHP motor for irrigation purpose.  As per allegations made in the complaint, on 12.3.2002, respondents removed the cable wire and disconnected the tubewell connection on the ground of non-payment of some balance amount from the bill amount.  It was averred that the respondent had taken away the motor; that because of the removal of electric motor, the wheat crop of the petitioner got destroyed and he suffered loss of Rs.1 lakh for that crop and subsequent crops.  Petitioner filed the complaint claiming release of the motor, compensation of Rs.1 lakh for every crop, Rs.10,000/- for mental harassment and Rs.5,000/- as litigation expenses.

 

        Respondents, on being served, entered appearance and refuted the allegations made in the complaint.  Stand taken by the respondents was that in Punjab, for agricultural purpose electricity was being given free to the farmers and the question of disconnecting the electricity for non-payment of dues did not arise. 

 

        District Forum allowed the complaint and directed the respondents to pay Rs.2 lakh for loss of the crops, Rs.25,000/- towards mental agony and Rs.2,000/- as costs within 60 days failing which the amount was to carry interest at the rate of 18% per annum.

 

        Respondents, being aggrieved, filed the appeal before the State Commission.  State Commission allowed the appeal and set aside the order of the District Forum by observing thus :

 

“15. Moreover, if the electric connection of the respondent was disconnected on 12.3.2002, then the respondent would have reported the matter to the police or to the higher authorities of appellants or they would have issued notice to the authority. However, respondent has not produced on file any such document to prove if the respondent had made any such complaint or issued any such notice that the officials of the appellants had disconnected the electric connection or if they had taken away the motor, cable/wire.

 

16. On the other hand, the appellants have supported their version by producing on file the copy of FIR No.30 dated 12.3.2002 as Ex.R2, according to which the respondent had abused the officials of the appellants.

 

17. It appears that officials of appellants had gone to check the electric connection of the respondent on which the respondent and others hurdled abuses and misbehaved with the officials of the appellants. The respondent himself cut the wires to make out a false case against the officials of the appellants and filed the present complaint.”

 

        We agree with the view taken by the State Commission.  Since, in Punjab, for agriculture, electricity is being supplied to the farmers free of cost, the question of disconnecting the electric connection for non-payment of dues by the respondents does not seem to be probable.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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