The complainant Harvinder Kaur (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Punjab State Power Corporation Ltd & another (here-in-after referred to as opposite parties).
Briefly stated, the case of the complainant is that she applied for tube well connection in year 2015 under drip system priority and before granting tube well under drip system scheme all the requirements of PSPCL were fulfilled and all the documents regarding getting tube well connection were given to opposite parties. The goods to install the drip system were purchased from authorized dealer of PSPCL namely Automate industries Private Limited, Patiala through receipt No 566 dated 22-8-2015 for Rs 15000/-.
It is alleged that the complainant was allotted tube well connection No. AP/3263. Moreover under drip system only vegetable can be sown for five years and thereafter any other crop can also be sown as per rules. As per the specifications, drip system was installed by the complainant and it was duly checked by the opposite parties.
It is also alleged that the complainant is using the drip system for the last 5 years as per ESIM and it is still in the name of the complainant. As per section 13.4 (V) of ESIM, this connection is being checked by opposite parties in routine.
It is alleged that Section 13.3 (e) the connection under drip system is maximum for 5 years and thereafter connection is to be regularized under AP scheme and not the drip system. As per this section complainant did not misuse, sale or transferred the connection for 5 years.
It is also alleged that maximum period to use the drip system is for 5 years and thereafter complainant is entitled to get it regularized in AP category, but the opposite parties are threatening to disconnect the connection permanently against law and rules of PSPCL. The complainant moved an application/representation to the opposite party No 2 on 6-1-2022 but no action has been taken on the application rather opposite parties are adamant to disconnect the tube well connection of the complainant. Due to said act of the opposite parties, the complainant is suffering mental tension and loss of physical health for which he claims compensation to the tune of Rs. 2.00 Lacs.
On this backdrop of facts, the complainant has prayed for directions to the opposite parties to convert tube connection No. AP/3263 of complainant from drip system to AP regular or AP metered supply and also pay compensation to the tune of Rs. 2,00,000/- besides any other alternative relief.
Upon notice, the opposite parties appeared through counsel and contested the complaint by filing written reply raising legal objections that complaint is not maintainable; complainant has no cuase of action and locus standi to file this complaint; complainant has not approached this Commission with clean hands; complainant does not fall under the defnition of consumer and that this Commission has no jurisdiction to decide the complaint.
It has been pleaded that the complainant had applied for the Drip Systm priority for the Horticulture purposes on 04.08.2016 which was allotted to complainant on 25-10-2016. A memo No. 1728 dated 20-09-021 was served to complainant for final order of assessment for unauthorized use of electricity under Section 126 of Electricity Act, 2003 for a demand of Rs. 91,217/- out of which Rs. 30,500/- was paid by the complainant. As per Electricity Supply Instructions Manual in regard to said drip connection, there is no rule of the opposite parties in Electricity Supply Instructions Manual for coverting the Drip connection system to AP regular or AP metered supply. Thus the said Drip Connection system cannot be converted into AP regular or AP metered supply.
On merits, the opposite parties reiterated their version as pleaded in legal objections and detailed above. After controverting all other avermens of the complainant, the opposite parties prayed for dismissal of complaint.
In support of his complaint, the complainant has tendered into evidence her affidavit dated 13-01-2022 (Ex. C-1) and documents (Ex.C-2 to Ex.C-5).
In order to rebut the evidence of complainant, the opposite parties have tendered into evidence affidavit of Subash Chander Verma dated 3.3.2022 (Ex. OP-1/1) and photocopy of letter (Ex.OP-1/2).
The learned counsel for the complainant has argued that complainant had applied for tubewell connection on priority basis under Drip System in the year 2015 and after completion of all the formalities, she was allotted connection No. AP-3263. The complainant had been using this connection for the last five years as per ESIM and has not violated any condition. It is further argued that as per Section 13.3 of Electricity Supply Instructions Manual, the connection under drip system is for five years and thereafter connection is to be regularized in AP scheme and not under drip system. Since the complainant has not misused, sold or transferred the said connection for five years, as such, connection is required to be regularized under AP scheme. It is further argued that instead of regularizing the connection, opposite parties are threatening the complainant to disconnect the connection, which amounts to deficiency in service on their part.
On the other hand, the learned counsel for the opposite parties has argued that as per Electricity Supply Instructions Manual placed on file by complainant herself, copies of which are Ex. C-4 & Ex. C-5, does not find mentioned any rule for converting drip connection to AP regularized connection or AP metered supply connection and has prayed for dismissal of complaint.
We have heard learned counsel for the parties and gone through the record.
The learned counsel for the complainant has only relied upon one document i.e. Ex. C-4 & Ex. C-5 and seeking regularization of drip system connection by taking shelter of Section 13.3 of Electricity Supply Instructions Manual. However, we have gone through Section 13.3 of Electricity Supply Instructions Manual and careful reading of the Section clearly shows that there is no rule in Electricity Supply Instructions Manual for converting drip connection to AP regularized or AP metered supply connection. As such, this Commission is of the view that connection No. AP-3263 issued to complainant under drip system cannot be allowed to be converted under AP regularized or AP metered supply.
Moreover, present complaint was filed on 13-1-2022 but the complainant has concealed this material fact from this Commission that vide memo No. 1615 dated 6-9-2021 which is Ex. OP-1/2 complainant was fined/penalty was imposed upon the complainant by the opposite parties for unauthorized use of electricity and as per Enforcement Checking report carried out on the spot by the officials of the opposite parties, it was found that complainant had not installed any drip system at the spot and as such, had misused the connection and proceedings under Section 126 of electricity Act were recommended. A perusal of file shows that complainant has not made any effort to challenge the memo Ex. OP-1/2 inspite of having been referred to in the written reply by the opposite parties, even then, the complainant has not denied to have deposited Rs. 30,500/- out of Rs. 91,217/- which was to be recovered from the complainant as per final order of assessment for unauthorized use of electricity under Section 126 of Electricity Act, 2003. As such, this Commission is of the view that complainant has not approached this Commission with clean hands and had misused the drip system connection issued by the opposite parties and herself violated Section 13.3 (e) of Electricity Supply Instructions Manual. As such, complainant is not entitled to regularization of connection at this stage.
Accordingly, this complaint being meritless is ordered to be dismissed.
The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.
Announced:-
16-06-2023 (Lalit Mohan Dogra)
President
