Punjab

Sangrur

CC/513/2019

Mela Singh - Complainant(s)

Versus

Punjab State Power Corporation Limited - Opp.Party(s)

Sh.Kulvir Singh Sunam

08 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

 

                                                Complaint No.513

                                                Instituted on:  25.09.2019

                                                Decided on:    08.11.2019.

 

 

Mela Singh son of Harnek Singh, resident of Village Maidewas, Tehsil Sunam, District Sangrur Pin Code 148028.

 

….. Complainant

                                               Versus

 

1.A.E.E. Punjab State Power Corporation Limited, Sub Division City Lehragaga, District Sangrur (Pin Code 148031).

2.Punjab State Power Corporation Limited, The Mall, Patiala, through its C.M.D 147001.

                                                                                                                                …Opposite parties

 

For the complainant    :       Shri Kulvir Singh, Adv.

 

Quorum                                           

Shri Amrinder Singh Sidhu, President

Ms. Vandana Sidhu, Member

Shri Vinod Kumar Gulati, Member

 

ORDER BY:

       

Shri Vinod Kumar Gulati, Member.

 

1.             Complainant had applied for the electricity motor connection under Chairman’s Discretionary Quota (Lehra Constituency) and in the month of December 2016, the complainant received a memo dated 9.12.2016 from Op1 regarding the release of tubewell connection and after receiving the said memo, complainant immediately approached Op1 and Op1 asked the complainant to deposit Rs.22,000/-, which was deposited by the complainant to Op1 vide book No.49463 dated 29.12.2016. Ops told the complainant to prepare the borewell and also construct kotha for the purpose of installation of tubewell connection. Further, complainant approached Op1 for release of tubewell connection and the officials of Op1 visited the spot and inspected the premises of complainant and assured for releasing the connection within a short time. When the Ops did not release the connection, complainant approached Op1 for the same, but Ops put of the matter on one pretext or the others and did not disclose any reason behind the same and till date, Ops failed to release the tubewell connection to the complainant, despite several requests and visits made by the complainant. Due to non-release of electric tubewell connection, complainant is suffering from huge financial loss because of irrigating his land by using generator set and spending huge money on diesel for that purpose. By pleading deficiency in service on the part of Ops, this complaint filed with the prayer that Ops may kindly be direct to release the electricity tubewell motor connection to the complainant. Compensation for mental agony and harassment of Rs.2 lac along with Rs.11000/- as litigation expenses more claimed.

2.             Arguments for admission purpose heard.

3.             Perusal of contents of complaint itself reveals that question of limitation is involved in this case because chances for addressing arguments on this issue were given but the counsel for the complainant could not produce any documents, despite giving opportunities. So, after perusing the file and going through documents, question of admissibility is decided viz-a-viz question as to whether complaint is in limitation or not.

4.             Ex.C-2 dated 9.12.2016 is a letter issued by ASE.Sales-III, PSPCL, Patiala to Deputy CE/.DS, Circle, PSPCL Sangrur for release of tubewell connection under Chairman’s discretionary Quota on priority to Sh. Mela Singh s/o Sh.Harnek Singh village Maidewas, vide which, it was conveyed that the competent authority decided to allow the release of one number tubewell connection to the subject cited applicant out of the CMD, PSPCL discretionary quota for his land at village Maidewas, subject to certain conditions. As per condition no.3, the validity period of priority letter is upto three months only and during this period, if the applicant does not take any further action, then this priority letter shall deemed to be cancelled. As per condition no.3, the complainant deposited Rs.22,000/- with Ops on 29.12.2016 complying with the condition no.1 only mentioned in the letter and did not comply with the other conditions mentioned in the letter dated 9.12.2016. The counsel for complainant argued that they have complied with the rest of all other conditions mentioned in the letter dated 9.12.2016 and submitted the same with Ops, but could not place on record any documents in support of his claim.

5.             For showing that the complaint is within limitation, complainant must plead the facts for showing that the complaint has been filed within two years from the accrual of cause of action. Those facts are lacking and as such, complaint is filed on vague and general allegations and it cannot be inferred that it is within the limitation, more so when cause of action accrued on 9.12.2016. This complaint was filed on 25.09.2019 i.e. after more than three years of accrual of cause of action. As per section 24-A of the Consumer Protection Act, 1986, complaint must be filed within two years from the date of accrual of cause of action and if the same is not filed within this period, then the same out-rightly deserves to be dismissed, being barred by limitation. Complainant has not filed any application for condonation of delay for explaining the sufficiency of cause for late filing of this complaint and nor the sufficiency of cause shown through the contents of complaint and through submitted affidavit and as such, certainly complaint is barred by limitation. As and when, complaint barred by limitation, the same deserves to be out-rightly dismissed at any stage and as such, this complaint deserves to be dismissed at admission stage itself.

6.            As a sequel of the above discussion, complaint dismissed at admission stage itself, being barred by limitation. Copy of order be supplied to the complainant free of costs as per rules.

7.             File be indexed and consigned to record room.

 

(Vinod Kumar Gulati)  (Vandana Sidhu) (Amrinder Singh Sidhu)

          Member                   Member                  President