Punjab

Ludhiana

CC/15/120

Tejinder Singh - Complainant(s)

Versus

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

Tajinder Singh Adv.

15 Jun 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

                                                                    Complaint No: 120 of 26.02.2015

                                                                   Date of Decision: 15.06.2015

                    

Tejinder Singh aged 45 year s/o Late Sh.Kesar Singh, resident of 8220/6, Mohalla New Maya Nagar, Haibowal Kalan, Ludhiana.

.… Complainant

Versus 

1. Punjab State Power Corporation Limited, The Mall, Patiala, through its Managing Director.

2. Punjab State Power Corporation Limited, Aggar Nagar Division (Special), Punjab State Power Corporation Limited, Ludhiana, through its Senior Executive Engineer/XEN.

3. Punjab State Power Corporation Limited, Sub-Division Haibowal (Rishi Nagar Unit-III/53, Punjab State Power Corporation Limited, Ludhiana.

 

…..Opposite parties

 

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986.

 

Quorum:    Sh.R.L.Ahuja, President

                    Sh.Sat Paul Garg, Member

 

Present:      Complainant Sh.Tejinder Singh in person.

                   Sh.Rajiv Malhotra, Advocate for OPs.

 

ORDER

 

 (SAT PAUL GARG, MEMBER)

1.               Present complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) has been filed by Sh.Tejinder Singh s/o Late Sh.Kesar Singh, resident of 8220/6, Mohalla New Maya Nagar, Haibowal Kalan, Ludhiana (herein-after in short to be referred as ‘complainant’) against Punjab State Power Corporation Limited, The Mall, Patiala, through its Managing Director and others (herein-after in short to be referred as ‘OPs’)- directing them to install the new electric connection in the name of the complainant in the premises of the complainant and to disconnect the electric connection, which is installed in the name of Jasvir Lavan in the premises of the complainant and to pay Rs.32,200/- as compensation on account of compensation for unfair trade practice, deficiency service, mental pain and agony and to pay the cost of litigation to the complainant alongwith any other relief for which the complainant may be found entitled.

2.                Brief facts of the complaint are that the complainant being one of the legal heir of deceased Kesar Singh inherited the house property measuring 100 sq. yards situated at Abadi Gopal Nagar, Tehsil and District Ludhiana comprised in Khasra no.38//16, 38//17, Khata no.1254/1337, 1255/1338 as mentioned in Jamabandi for the year 1996-1997 of Village Haibowal Kalan, Hadbast no.102, where an electric meter bearing account no.DF-63/0351K in installed  in the name of Jasvir Kumar, resident of 3654, Street no.1, Gopal Nagar, Ludhiana, which was purchased by deceased Kesar Singh, vide sale deed bearing Vasika No.4516 dated 16.6.11 from Khila Ram, through Local Commissioner Sh.Rajinder Pal Singh Judgment Writer appointed by the Court of Sh.Kanwaljit Singh Civil Judge, Junior Division Ludhiana, vide order dated 4.10.08 in a case titled as ‘Kesar Singh Vs Khila Ram. But unluckily the father of the complainant died on 14.4.14 leaving behind the complainant as his legal heir. After that the complainant pursued the execution proceedings and ultimately on 22.9.14 the complainant succeeded to take possession of the suit property with the help of bailiff of the court as well as with the help of police, as such the complainant is the beneficiary of the aforesaid electric meter connection from the date of possession of the property i.e. 22.9.14. On 17.10.14 the complainant applied for installation of a new electric connection in the said premises and also deposited Rs.1420/- with the OPs, as necessary charged for obtaining the new electric connection, but till date the OPs never bothered to install the new electric connection in the premises of the complainant for the reason best known to them, rather cancelled the application of the complainant for obtaining the new electric connection. Even the complainant again applied by filing an application for opening the case for obtaining the new electric connection by depositing Rs.190/- vide book no.48041/396 dated 17.12.14, but the OPs failed to install the new electric connection in the premises of the complainant. On 5.11.14 the complainant also applied for the disconnection of the electric connection bearing account no.W53/DF63/0351 installed in the name of Jasvir Lavan with a request no.963193 dated 5.11.14, but the Ops failed to disconnect the aforesaid electric connection. Thereafter the complainant approached Ops with a request to disconnect the electric connection lying installed in the name of Jasvir Lavan and also to install the new electric connection in the premises of the complainant. But the OPs failed to do the needful. Claiming the above act as deficiency in service on the part of the OPs, the complainant has filed this complaint.

3.                On notice of the complaint, OPs appeared through their counsel and field written statement taking preliminary objections that the complaint is not maintainable and merits dismissal; there is no deficiency in service on the part of the OPs. In this case, the complainant applied a new connection with the OPs by filing A and A form. On pursuance of the aforesaid application of the complainant and documents submitted by him issued the service connection order for the installation of the connection in the premises of the complainant. However the concerned JE when visited the site then he noted that the premises where the complainant wants to install the meter is unapproved area as such he cancelled the service connection order. Subsequently, when the complainant made representation on 16.12.14 with a request to install the new electric connection as the premises is only 33.33 sq. yards. On the basis of the said application the official of the OPs again prepared a service connection order. It is pertinent to mention here that one Jasvir Lavan filed an application alongwith numbers of documents with a request to not to install any new connection in the premises as the said premises litigation already pending with the Civil Courts of Ludhiana. Thereafter the OPs informed the complainant that connection cannot b installed at the litigation is already pending with the third party i.e. Jasvir Lavan. As such, the OPs rightly cancelled the service connection order due to the litigation pending in the Civil Courts. On merits, denying the contents of all other paras of the complaint, OPs prayed for the dismissal of the complaint.

4.                Complainant has adduced the evidence by way of his duly sworn affidavit Ex.CA, wherein, the same facts have been reiterated as narrated in the complaint and also attached documents Ex.C1 to Ex.C9. On the other hand, Ld. counsel for OPs has adduced the evidence by way of duly sworn affidavit of Sh.Daljit Singh, Senior Executive Engineer, Aggar Nagar, Division (Special), PSPCL, Ludhiana Ex.RA, wherein, the same facts have been reiterated as narrated in the written statement and also attached documents Ex.R1 to Ex.R16.

5.                Complainant filed written arguments, wherein reiterating the facts as narrated in the complaint, submitted that OPs filed written statement by leveling the false allegations that where the complainant wants to install the new meter is unapproved area as such, they cancelled the service connection order. It is submitted that on 16.12.14 the complainant made representation with a request to install the new electric connection as the premises is only 33.33 sq. yards and on the said representation the official of the OPs again prepared a service connection order. Meaning thereby that they himself omit the plea of unapproved area as they again issued a service connection order on the representation of the complainant. But they again cancelled the service connection order due to the litigation pending in the civil courts between the complainant and the Jasvir Lavan. Whereas the complainant and other legal representative of Kesar Singh became the absolute owner of the premises as per the court order and complainant legally obtained the possession of the premises, through court agency where the complainant wanted to install the new electric connection. Moreover there is no stay against complainant or against Ops as such the plea of the OPs are totally vague and baseless.

6.                Refuting the allegations leveled by the complainant, Ld. counsel for OPs argued that the complainant is taking all types of verifix and also consuming the electricity in the said premises, but at the same time he is denying to clear the old dues, which he is bound to pay and only after the clearance of the old dues, new connection will be released.

7.                We have gone through the pleadings of the complainant and written arguments submitted by the complainant as well as defence taken by the OPs and also perused the entire record placed on file.

8.                It is evident that complainant is the legal heir of deceased Kesar Singh and inherited the house property measuring 100 sq. yards situated at Abadi Gopal Nagar, Tehsil and District Ludhiana comprised in Khasra no.38//16, 38//17, Khata no.1254/1337, 1255/1338 as mentioned in Jamabandi for the year 1996-1997 of Village Haibowal Kalan, Hadbast no.102, where an electric meter bearing account no.DF-63/0351K in installed  in the name of Jasvir Kumar, resident of 3654, Street no.1, Gopal Nagar, Ludhiana, which was purchased by deceased Kesar Singh, vide sale deed bearing Vasika No.4516 dated 16.6.11 from Khila Ram, through Local Commissioner Sh.Rajinder Pal Singh Judgment Writer appointed by the Court of Sh.Kanwaljit Singh Civil Judge, Junior Division Ludhiana, vide order dated 4.10.08. After that the complainant pursued the execution proceedings and ultimately on 22.9.14 the complainant succeeded to take possession of the suit property with the help of bailiff of the court as well as with the help of police, as such the complainant is the beneficiary of the aforesaid electric meter connection from the date of possession of the property i.e. 22.9.14. On 17.10.14 the complainant applied for installation of a new electric connection in the said premises and also deposited Rs.1420/- with the OPs, as necessary charged for obtaining the new electric connection, but till date the OPs never bothered to install the new electric connection in the premises of the complainant for the reason best known to them, rather cancelled the application of the complainant for obtaining the new electric connection. Even the complainant again applied by filing an application for opening the case for obtaining the new electric connection by depositing Rs.190/- vide book no.48041/396 dated 17.12.14, but the OPs failed to install the new electric connection in the premises of the complainant. On 5.11.14 the complainant also applied for the disconnection of the electric connection bearing account no.W53/DF63/0351 installed in the name of Jasvir Lavan with a request no.963193 dated 5.11.14, but the Ops failed to disconnect the aforesaid electric connection. However both the parties failed to clarify as to how much dues are pending and for which period. OPs also failed to justify the realization of all the dues, because of their negligence.

9.                In view of the above discussion, the present complaint is partly allowed and OPs are directed to install a new electric connection in the premises of the complainant in the name of the complainant, because requisite fee of Rs.1420/- and Rs.190/- have already been deposited by the complainant with the OPs. However, the OPs are at liberty to recover the old dues from the complainant, which are not barred by law or litigation, as provided under section 56 (3) of the Electricity Act or any other extant provision of law. Further OPs are directed to pay Rs.2500/-(Two thousand five hundred only) as compensation and litigation expenses compositely assessed to the complainant. Order be complied within 30 days of receipt of the copy of the order, which be made available to the parties, free of costs. File be consigned to record room.

 

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

                                  Member                                          President

Announced in Open Forum.

Dated:15.06.2015  

Hardeep Singh