DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.227 of 2018

                                                Date of institution:  20.02.2018                                             Date of decision   :  30.07.2019

Jagdish Chander Vohra son of Shri Amar Singh Vohra, Village Kishan Pura, Chatt, Tehsil Derabassi, District Mohali.

…….Complainant

Versus

Punjab State Power Corporation Limited through Assistant Executive Engineer, Commercial Sub Division, Punjab State Power Corporation Limited, Zirakpur, District SAS Nagar.

                                                            ……..Opposite Party     

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Sethi Kumar, proxy counsel for complainant.

                Shri Pankaj Sharma, counsel for OP.

Order by :-  Shri G.K. Dhir, President.

Order

              Complainant, senior citizen of 71 years of age, applied for 24 hours of domestic electricity supply under the ‘Dera Dhania Scheme’ of Punjab Govt., free of cost.  Instead of supplying electricity free of cost, OP issued notice to complainant for deposit of Rs.64,076/-, which he deposited through demand draft dated 31.07.2017 with OP. Entry in the pass book of complainant even was incorporated. Despite completing requirements and deposit of above referred fee, electricity connection has not been provided at all, resulting in great mental torture, social stigma and financial loss to complainant and that is why this complaint filed for seeking direction to OP to provide free electricity connection as well as electricity supply to farm house of complainant situate in village Kishan Pura Chatt, Tehsil Derabassi, District Mohali. Direction for refund of above referred deposited amount of Rs.64,076/- with interest @ 18% also sought.  Compensation for mental agony and harassment of Rs.1.00 lakh and litigation expenses of Rs.10,000/- more claimed in addition to punitive damages of Rs.50,000/-

2.             In reply submitted by OP, it is claimed that complaint is false and frivolous, more so when complainant has not approached the Forum with clean hands, but has suppressed material facts. It is claimed that complainant is not entitled for benefit of Dera Dhania Scheme or to free electricity connection or use thereof for 24 hours.  OP prepared estimate for release of electricity connection for farmhouse of complainant, which he admittedly deposited and thereafter release of electricity connection took place on 30.01.2018. Complainant is duty bound to pay electricity charges to OP for release of electricity connection and as such by denying other averments of the complaint, prayer made for dismissal of complaint. It is also claimed that urban pattern supply shall be provided against grant received in advance from Punjab Govt. to all the Deras/Dhanis having one house or cluster of two or more house situate adjoining to each other and spread over in a stretch of maximum of 300 meters from one end to the other end and located at a distance of more than 500 meters from the village Phirni without any limit, by providing single phase 11 KV line tapped from the nearest UPS feeder and by installing single phase 10 KVA distribution transformer.  Electricity connection of complainant is in running condition at present and as such prayer made for dismissal of the complaint.

3.             Complainant in order to prove his case tendered in evidence his affidavits Ex.CW-1/1 and Ex.CW-1/2 alongwith documents Ex.C-1 to Ex.C-3 and thereafter closed evidence.  On the other hand counsel for OP tendered in evidence affidavit Ex.OP-1/1 of Shri Navjot Singh, Sub Divisional Engineer alongwith document Ex.OP-1 and thereafter closed evidence.

5.             Written arguments submitted by OP, but not by complainant. Oral arguments heard and records gone through.

6.             Undisputedly complainant has deposited Rs.64,076/- for availing electricity connection under Dera Dhania Scheme and that amount was deposited by complainant on 01.08.2017 in cash is a fact borne from endorsement of officials of PSPCL on Ex.C-1 and also by the entry contained in saving pass book of complainant, copy of which is produced on record as Ex.C-2. It is admitted case of OP that after deposit of this amount, electricity connection in question has been released on 30.01.2018 and the same is working at present. It is vehemently contended by counsel for OP that this complaint filed on 20.02.2018 i.e. after release of electricity connection and as such complaint has been filed for abusing process of law. However, proxy counsel for complainant vehemently contends that in fact electricity connection was released after issue of notice in this complaint to OP. Date of release of connection not specified by complainant anywhere in the pleadings or in his submitted affidavits or in the produced documents, but that date of release of connection specifically mentioned as 30.01.2018 by OP and as such it has to be held that virtually electricity connection in question was released by OP to complainant on 30.01.2018. Even if this release of connection took place on 30.01.2018, but amount of Rs.64,076/- deposited on 01.08.2017 and as such certainly release of electricity connection in question took place after 4 months of deposit of hefty amount of Rs.64,076/-. Why such delay occurred, qua that no explanation offered and as such certainly submission advanced by proxy counsel for complainant has force that complainant has been unnecessarily harassed by not releasing the connection at earliest. For this mental agony and harassment, certainly complainant entitled to compensation and also to litigation expenses.

7.             Proxy counsel for complainant relies on Clause 38.2.2 of Electricity Supply Instructions Manual (updated till 30.06.2017) by PSPCL in respect of which copy  produced as Ex.C-3 = Ex.OP-1 for arguing that complainant is entitled to release of free electricity connection and free use of electricity from this connection. Clause 38.2.2 (a) of Ex.C-3 = Ex.OP-1 reads as under:

“Urban pattern supply shall be provided against grant received in advance from Punjab Govt. to all the Deras/Dhanis having one house or cluster of two or more house situate adjoining to each other and spread over in a stretch of maximum of 300 meters from one end to the other end and located at a distance of more than 500 meters from the village Phirni without any limit, by providing single phase 11 KV line tapped from the nearest UPS feeder and by installing single phase 10 KVA distribution transformer.”

8.             After going through this Clause 38.2.2 (a) of Electricity Supply Instructions Manual, it is made out that connection in question to be provided against grant received in advance from Punjab Govt. However, complainant has not claimed that Punjab Govt. has provided grant in advance to release of this electricity connection for his domestic use and as such one of the essential condition enabling complainant to avail free electricity or to release of free electricity connection is missing. Being so, submission advanced by counsel for OP has force that in view of non receipt of grant in advance from Punjab Govt., complainant not entitled to free release of electricity connection in question or  free use of electricity. Rather complainant will have to pay charges for consumed electricity. Above referred amount has been got deposited by OP from complainant after preparation of estimated cost of connection in question including that of cost of wiring or of poles etc. and as such complainant not entitled for refund of deposited amount or interest thereon. However, complainant entitled to compensation for mental agony and harassment for delay of more than 4 months caused by OP in release of electricity connection in question and also to litigation expenses, but of reasonable amount.

9.             As a sequel of above discussion, complaint allowed with direction to OP to pay compensation for mental agony and harassment of Rs.10,000/-  (Rs. Ten Thousand only) and litigation expenses of Rs.5,000/-   (Rs. Five thousand only) to complainant.  Payment of amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order.  Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

July 30, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member