Punjab

Fatehgarh Sahib

CC/23/2017

Ajit Singh - Complainant(s)

Versus

Punjab State Power Corp. Ltd - Opp.Party(s)

16 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 23 of 2017

                                           Date of institution :  03.04.2017                            

                                          Date of decision    :  16.08.2018

Ajit Singh aged about 67 years son of Sh. Ajaypal Singh, resident of village Kamali, Tehsil Bassi Pathanan, District Fatehgarh Sahib.

……..Complainant

Versus

1. Punjab State Power Corporation Ltd., The Mall Patiala through its Chairman/Secretary.
2. Sub Divisional Officer/Assistant Executive Engineer (Rural), Punjab State Power Corporation Ltd., Bassi Pathanan, Tehsil Bassi Pathanan, District Fatehgarh Sahib.
3. X.E.N. Punjab State Power Corporation Ltd., Sirhind, Tehsil and District Fatehgarh Sahib.

…..Opposite Parties

Complaint Under Sections 11 to  14 of the Consumer Protection Act.                                             

 

Quorum

 Sh. Ajit Pal Singh Rajput, President                                   

 Sh. Inder Jit, Member

 

Present :  Sh.Sanjiv Kapoor, Advocate for complainant.

               Sh. Aman Sood, Advocate for OPs.

ORDER

 

By Inder Jit, Member

                 Complainant, Ajit Singh aged about 67 years son of Sh. Ajaypal Singh, resident of village Kamali, Tehsil Bassi Pathanan, District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 11 to  14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.              The complainant applied for an electric connection of 15 BHP for agriculture purposes with the OPs under Chairman's Discretionary Quota on priority and complied with all the necessary formalities as required by the OPs.  The OPs accepted the application of the complainant and issued demand notice bearing memo No.9171 dated 27.12.2016, which was received by the complainant on 01.01.2017, to fulfill the requirements. As per demand notice, the complainant visited the office of the OPs for depositing Rs.33,000/- as well as other required charges but the OPs did not got deposited the necessary charges from the complainant by alleging that "Chon Jabta" has been enforced by the government.  The complainant completed all the formalities and also installed/dug new Bore, constructed motor kotha and also purchased Submersible Motor, Starter etc and spent huge amount for the same. The complainant so many times visited the office of the OPs and requested them to get deposited the necessary charges as per demand notice but they did not listen to the genuine requests of the complainant and remained putting off the matter on one pretext or the other. The act and conduct of the OPs is clear cut deficiency in service on their part. Hence, this complaint for giving directions to the OPs to get deposited the necessary charges as per demand notice and to release the electric motor connection in favour of the complainant and further to pay Rs.60,000/- as compensation for mental agony and harassment suffered by the complainant.

3.              The complaint is contested by the OPs. In reply to complaint, the OPs stated that the complainant applied for electric connection of 15 BHP motor for agricultural purposes under the Chairman Discretionary Quota on priority. On 20.01.2017, the OPs received a letter No.9171 dated 27.12.2016 regarding sanction of the said electric connection to the complainant, in which, it was specifically mentioned vide condition No.10 that " The tubewell connection be released only on receipt of this office original sanction letter addressed to your office". Again in the meantime, a letter bearing No.1/31/08EB(PR)/29 dated 11.01.2017 was received from Sh. Venu Parsad, IAS, Principal Secretary, Government of Punjab, Department of Power regarding release of AP tubewell connections, in which, it was ordered to maintain status quo till further orders with regard to all the applications received for release of AP tubewell connections. In other words, the OPs were directed not to release new connection. In the meantime on 04.01.2017, Model Code of Conduct had come into force. Under these circumstances, OPs became unable to release the said electric connection in Chairman Discretionary Quota to the complainant.  There is no deficiency in service on the part of the OPs. After denying the other averments made in the complaint, OPs prayed for dismissal of the complaint.

4.              In order to prove his case the complainant tendered in evidence his affidavit Ex. C-1, application dated 23.03.2017 Ex. C-2, true copy of demand notice Ex. C-3, true copy of adhar card Ex. C-4, photographs Ex. C-5 and C-6, affidavit of Kuljinder Singh Ex. C-7 and closed the evidence.  In rebuttal, the OPs tendered in evidence affidavit of Amit Kumar SDO Ex. OP-1, true copies of documents i.e letters dated 11.01.2017 Ex. OP-2 & OP-3, news item Ex. OP-4, letter dated 27.12.2016 Ex. OP-5, ledger register Ex. OP-6 and closed the evidence.

5.              Ld. counsel for the complainant argued that the complainant had applied for an electric connection of 15 BHP with the OPs under the Chairman's Discretionary Quota. He fulfilled all the required formalities. He was issued a demand notice Dt.27.12.2016 which was received by the complainant on 01.01.2017. Consequently, the complainant tried to deposit the required fee of Rs.33,000/- along with other miscellaneous charges with the OPs but OPs did not accept the fee on the pretext that code of conduct had been imposed. Till date nothing has been done by the OPs to release the said connection. Ld. counsel prayed for acceptance of the complaint while directing the OPs to release the said connection in favour of complainant alongwith adequate compensation to the complainant.

6.              Ld. counsel for the OPs argued that the complainant had applied for the discretionary quota electric connections but the sanction order of the said connection was received by the OPs on 20.01.2017. The OPs had already released some connections, report of which was sought by the Principal Secretary to the Govt of Pb., Department of Power vide his office letter dated 11.01.2017. Principal Secretary, Power, Govt. of Pb. had also stopped further issuance of connections vide the aforesaid letter. Thereafter the government changed after the scheduled elections and the process of release of discretionary quota connections came to a halt. Hence no connection could be issued to the complainant. Ld. counsel prayed for dismissal of the complaint with heavy cost to the complainant.

7.              We have gone through the written arguments, evidence produced and heard oral submissions by the Ld. counsel for the parties.  There is force in the submissions made by the Ld. counsel for the OPs that the release of discretionary quota electric connection was to be done after receipt of sanction letter which was received by OPs on 20.01.2017 and thereafter the government had also stopped further release of said connections vide letter dated 11.01.2017. Model code of conduct had also been imposed due to elections in the state. In view of the above, we dismiss this complaint being devoid of any merits. Parties to bear their own cost.

7.              The arguments on the complaint were heard on 08.08.2018 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 16.08.2018