BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR.

Complaint No.312 of 2019 Date of Instt.09.08.2019 Date of Decision: 27.04.2021

Rakesh Kumar Duggal son of Sh. Dass Ram resident of Village Dhilwan, PO Dakoha, Distt. Jalandhar.

….. Complainant

Versus

1. Punjab State Power Corporation Ltd. The Mall, Patiala, through its Chairman.

2. Punjab State Power Corporation Ltd. through Assistant Executive Engineer T-2, Sub Urban S/D, Jalandhar.

3. Punjab State Power Corporation Ltd. Sub Divisional Office Birring, Jalandhar.

..…Opposite parties

Complaint Under the Consumer Protection Act.

Before:         Sh. Kuljit Singh (President)

Smt. Jyotsna (Member)

Present:           Sh. Rajinder Badhan, Adv. Counsel for the Complainant.

                         Sh. K. L. Dua, Adv. Counsel for the OPs No.1 to 3.

Order

Kuljit Singh, President

1. The present complaint has been filed by complainant against the OP on the averments that the complainant has applied a new electricity connection on 28.05.2018 in his separate portion situated at Village Dhilwan, PO Dakoha, Distt. Jalandhar, after the family partition which was took place on 13.03.2018 vide compromise/agreement. The aforesaid property previously in the name of Sharan Dass grandfather of the complainant and after his demise the said property/portion was inherited by the complainant from his grandfather as per family partition. One electricity meter was already installed in the other separate portion of the house which was in the name of Dass Ram Duggal son of Sharan Dass Duggal resident of Village Dhilwan, P.O. Dakoha, Distt. Jalandhar. That as the complainant is/was in dire need of basic requirement of life i.e. electricity, the complainant has applied fresh electricity connection before the OPs on 28.05.2018 and deposited the requisite fee of Rs.1390/- vide receipt N.3004967163 dated 28.05.2018. That after applying the fresh electricity connection the complainant approached so many occasions with the OPs, but they put on the matter on one pretext or the other and finally on 09.07.2018 vide letter No.598 the OPs intimated/refused the complainant to issue fresh electricity connection on the pretext that one case NO.CS-610/2018 titled as Dass Ram Vs. Rakesh Duggal and others is pending before the Court at Jalandhar which was fixed for 08.07.2018. That the complainant visited the office of OPs on various occasions and tried to convince the OPs that the aforesaid civil suit was not regarding the issue of electricity connections, in fact that case has been filed by Dass Ram for seeking permanent injunction not to ousted him and his family from his separate portion of the complainant. In fact the aforesaid Dass Ram father of the complainant is nothing to do with the separate portion of the house which was occupied by the complainant after the family partition/settlement. That the complainant approached the office of the OPs number of times and requested them to install the electricity connection in his separate portion of the property in his name, but the OPs refused to issue the electricity connection even after receiving the requisite fee from the complainant. That the act of the OPs for refusing from issuing of fresh electricity connection in the name of the complainant is totally wrong, incorrect, illegal and unlawful against the circular of PSEB/PSPCL and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to issue/install fresh electricity connection in the name of the complainant at the separate portion of the complainant situated at Village Dhilwan, P.P.Dakoha, Distt. Jalandhar and further OPs be directed to pay compensation of Rs.1,00,000/- for causing mental tension and harassment to the complainant and Rs.20,000/- as litigation expenses.

2. Notice of the complaint was given to the OPs, who filed reply and contested the complaint of the complainant by raising preliminary objections that no cause of action arose to the complainant to file the present false and frivolous complaint. It is further alleged that the present complaint is the misuse of the process of this Forum. The false and frivolous complaint has been filed with malafide intention, just to illegally harass the officials of the OPs. That the court case is pending between the complainant and his father in the Civil Court in respect of the property where the complainant wants to get the electricity connections installed and as such, the complainant was informed vide letter No.598 dated 09.09.2018 that the connection could not be installed there as per the instructions of the Power Corporation Ltd. The complainant was also informed that when the case would be decided by the Civil Court only then the action would be taken as per the decision of the Civil Court. That no document has been produced by the complainant showing his ownership and possession over the plot in question where the complainant wants the electricity connection. That the OPs are working as per the law of the land. That Dass Ram Duggal, father of the complainant is the necessary party in the present complaint. It is further alleged that the complainant is not the consumer of the OPs as defined under the Consumer Protection Act, so this Forum has no jurisdiction to entertain and decide the present complaint. On merits, the factum in regard to apply a new connection by the complainant on 28.05.2018, is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3. Rejoinder not filed.

4. In order to prove their respective versions, both the parties produced on the file their respective evidence.

5. We have heard the learned counsel for the respective parties and have also gone through the case file very carefully.

6. After going through copy of plaint of civil suit titled as Dass Ram Vs Rakesh Kumar Duggal and others, it is made out that Dass Ram has filed the suit for permanent injunction restraining the defendants from dispossessing the plaintiff forcibly and illegally from the property and from raising any type of construction over the property in question. Relief of permanent injunction also sought in that suit for restraining the present complainant as well as his wife etc from constructing wall and not to disposed the plaintiff. So, it is obvious that civil litigation regarding house, in which, electric meter in question installed in the name of Dass Ram Duggal is pending in the court of Learned Civil Judge, Senior Division at Jalandhar. In view of pendency of Civil litigation regarding property of Dass Ram between complainant and Dass Ram, it is obvious that title of the property, in which, domestic electric connection in the name of Dass Ram (father of complainant) exist is in dispute. When such is the position, then in view of the fact that Dass Ram being son of Saran Singh on account of natural class-I heir, prima facie is entitled for the occupation of house in which, the electric connection in question is lying installed. It is so because the occupier or co-owner of the premises even entitled to get the electric connection released in his name on paying the prescribed fees and submission of application in A & A Form. So long as the civil litigation is pending, the action of OPs in releasing the domestic electric connection in the name of complainant is not illegal. As the electricity is dire need in the present state of life.

7. As a sequel of above discussion, complaint of the complainant is partly accepted and the OPs are directed to install electric connection or in alternative temporary electricity connection to the premises of complainant installed immediately. This order shall be complied with within the period of 45 days from the date of the receipt of copy of this order.

8. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work and spread of Covid-19.

9. File be indexed and consigned to the record room after due compliance.

Announced in open Commission

27^th of April 2021

Kuljit Singh

(President)

Jyotsna

(Member)