Punjab

Ludhiana

CC/15/227

Raj Sidhu - Complainant(s)

Versus

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

Saurabh Arora ADv.

23 Apr 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

                                                                      C.C. No:227 of 01.04.2015

                                                                      Date of Decision:23.04.2015

Raj Sidhu son of Late Sh.Balbir Masih Sidhu r/o Issa Nagari, Play Ground, Ludhiana. 

Complainant

Versus 

 

1.Punjab State Power Corporation Limited, The Mall, Patiala, through its Chief Engineer, Ferozepur Road, Ludhiana.

2.Yusaf Gulzar Masih son of Not Known r/o Issa Nagari, Near Puli/Bridge of Issa Nagari, Ludhiana.

 

                   Opposite parties

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986. 

 

Quorum:               Sh.R.L.Ahuja, President

                   Sh.Sat Paul Garg, Member.

                   Ms.Babita, Member.                        

         

Present:      Sh.Sourabh Arora, Adv. for complainant.

 

                          ORDER 

 

(R.L.AHUJA, PRESIDENT)

 

1.                Heard on the point of admissibility of the complaint. Perusal of the complaint reveals that Sh.Raj Sidhu(hereinafter in short to be described as ‘complainant’) has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Punjab State Power Corporation Limited, The Mall, Patiala, through its Chief Engineer, Ferozepur Road, Ludhiana and others (hereinafter in short to be described as ‘Ops’) with the brief averments that the OP2 is the owner and landlord of the property situated at Issa Nagari, Play Ground, Ludhiana and bounded as under:-

East – Robert Masih               West- Street 10’wide

North-Play Ground                 South-Neighbour

The OP2 had let out portion of the abovementioned property i.e.consisted of two rooms, one kitchen, one toilet cum bathroom, courtyard, to the complainant in the year 2012 at the rate of rent of Rs.500/- per month apart from electricity and house tax and the tenancy was oral coupled with possession. The complainant has also paid a rent of three months at the time of creation of tenancy. It was agreed between the complainant and OP2 that the said rent will be enhanced @10% p.a. and now at present, the rate of rent is enhanced to Rs.500/- to Rs.650/- as per the terms and conditions orally settled between the parties. Thus, there is a relationship of landlord and tenant exists between the complainant and OP2. The complainant is residing in the abovesaid property alongwith his family, his wife and son. The complainant and his wife are having UID cards at the abovesaid address. All the correspondences is being received by the complainant and his family at the abovesaid address at the tenancy premises. The complainant has been regularly paying the rent as well as electricity charges to the OP1, but the OP2 has not paid the electricity charges to the OP1, hence, the electricity connection of the property in suit was disconnected by the officials of OP1. The complainant immediately approached the OP1 for the grant of new electricity connection in the name of the complainant but OP1 flatly refused to do so and the complainant is always ready to pay the requisite fees for the realization of new connection to the tenanted portion of the complainant. The OP2 wants to enhance the rent from Rs.650/- to Rs.5000/- illegally and forcibly and tried to interfere in the peaceful possession of the complainant over the tenanted portion and in order to harass the complainant, OP2 deliberately not paying the electricity bill to the OP1 and deliberately disconnected the electricity connection of the tenanted portion of the complainant, as the OP2 wants to vacate the property by illegal means and by the said illegal method. In December 2014, the OP2 alongwith some henchmen came to the suit property and tried to take forcible possession of the complainant. The said attempt was foiled by the timely intervention of the respectable, neighbourers of the area. However, while leaving the spot, OP2 and his henchmen threatening the complainant that he will come again and will take the possession of the suit property illegally and forcibly from the complainant and his family members. Moreover, OP2 is a retired DSP from Punjab Police and he has also filed false and frivolous application against the complainant at P.S.Div.NO.2 and now he tried to vacate the property in connivance with the police officials as he has high links in the police. Moreover, the complainant has also filed a civil suit for permanent injunction against OP2, which is pending in the court of Ms.Pratima Arora, CJJD, Ludhiana. In the said suit, Hon’ble Court of Ms.Pratima Arora, granted the status quo order in favour of the complainant and the OP2 has also appeared in the said suit and filed written statement, in which, he has admitted for the disconnection of the electricity connection from the tenanted portion of the complainant and also admitted that the complainant is tenant of the OP2. Such act and conduct of OP1 and OP2 is claimed to be deficiency in service. Hence, this complaint.

2.                Complainant has placed on record copy of plaint i.e. suit for grant of permanent injunction which was filed against the defendant/landlord i.e. OP2 and also placed on record copy of written statement filed by the OP2 in that suit for permanent injunction.

3.                Perusal of the complaint as well as documents on record reveals that the complainant is in possession of the property as tenant which is owned by OP2 and had been getting the supply of the electricity meter of the OP2 which was installed by OP1 in the premises in question. As per the averments of the complaint that the he had been paying the bills of the electricity regularly. But as per the written statement filed by the present OP2 in that suit for permanent injunction filed by the present complainant, it is the specific averments of the OP2 that plaintiff who is the present complainant had failed to pay the arrears of rent of the property in dispute at the rate of Rs.5000/- per month since July, 2014 as well as, he has even failed to pay arrears of electricity and there are huge arrears of electricity to the tune of Rs.20,000/- approximately and on account of non-payment of said charges of electricity, the said electricity connection was disconnected by the Electricity Board and the plaintiff has committed fraud with other people also and FIR No.72 dated 24.2.2015 has been registered against him and his wife and others u/s 420/120-B IPC P.S.Jodhewal, Ludhiana.

4.                So, it appears from the averments of the complaint as well as documents produced by the complainant himself that there is a dispute of tenanted premises between the complainant and OP2 and connection of the complainant was disconnected by the OP1 due to non-payment of arrears of electricity charges. So, complainant does not appear to be entitled to file this complaint against the Ops and furthermore, since the matter is already pending before the Civil Court qua the tenancy rights of the complainant against the OP2. It is a well settled principle of law that tenant can knock the door of the Learned Rent Controller under the East Punjab Urban Rent Restriction Act, 1949 in order to seek direction for restoration of the facilities which were provided to the tenant by the landlord in the tenanted premises. Further, perusal of the documents reveals that FIR No.72 of 24.2.2015 u/s 420/120-B IPC P.S.Jodhewal, Ludhiana had been registered against the complainant and his wife and others at P.S.Jodhewal, Ludhiana regarding fraud committed by the complainant. Hence, the complaint of the complainant appears to be not maintainable before this Forum and the same is liable to the returned to the complainant.

5.                So, in view of the above discussion, we do not admit the complaint of the complainant being not maintainable before this Forum and the same be returned to the complainant in original alongwith the documents and copy of this order free of costs with a liberty to file the complaint before the competent forum in order to seek his grievance qua the matter in dispute. The copy of complaint alongwith photocopies of necessary documents and zymani order be retained in the office for record and thereafter, papers be consigned to the record room.

 

(Babita)                 (Sat Paul Garg)                   (R.L.Ahuja)

 Member                    Member                             President 

Announced in Open Forum.

Dated:23.04.2015

(Gurpreet Sharma)