BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.57 of 2022

      Date of Instt. 28.02.2022

      Date of Decision: 13.08.2024

Amrit Pal Kaur W/o Rohit Bhardwar, 34/1, Harnam Dass Pura, opp. Vasal Hospital Kapurthala Road, Jalandhar.

..........Complainant

Versus

1.       Punjab State Power Corporation Ltd. Through S.D.O., Near New Sabzi Mandi, Maqsudan, Jalandhar, Punjab 144008.

2.       Hardeep Singh, in charge, Punjab State Power Corporation Ltd., Near New Sabzi Mandi, Maqsudan, Jalandhar, Punjab 144008.

3.       Punjab State Power Corporation Ltd. Through its managing director The Mall, PSEB Head Office, Patiala, Punjab 147001.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. Rohit Bhardwar, Adv. Counsel for the Complainant.

                   Sh. Manuj Aggarwal, Adv. Counsel for OP No.1.

                   OPs No.2 & 3 exparte.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant had applied for temporary meter no.3007601447 dated 02.09.2021 as construction work in above residential plot was under progress. First of all the meter was installed late and installed in the back street about 150 feet away from the house one street away. Keeping in mind the poor service record of the monopolistic company the complainant remained calm and applied Permanent Acc no.3007697813 dated 30.11.2021 with the view that the company will now issue hinder free service. After much difficulty as there was a strike in the company and no other distributor of electricity and agitation was able to file for permanent meter and also do for necessary action however my payment was received only on dated 02.12.2021 on account of strike and deficient service and procedure at the counter clerk. This is important to note that the meter file was clicked on 30.11.2021 but the payment was deposited only on 02.12.2021 after agitation again. The complainant applied for permanent meter no.3007697813, vide dated 30.11.2021. The same was delayed because of Strike at the Punjab State Power corporation ltd. Also the complainant made calls to 9646116012, 9646116010- 9646116004, 9646116053, 9646116379 and the concerned officers that why the general consumer is being harassed for a mistake which has not been committed by him. Even if there is trick the general people should not effected and it is the duty of the OP No.3 to keep the office running. But no one picked the phone. Subsequently, 9646116053, 9646116379 these no were contacted where they visited the spot but refused to install the meter on account or the other with the basic malice in mind that to fetch money from him. Owner of 9646116379 no also asked for money which he bluntly rejected as he had paid for the meter cost. The complainant made many visits to SDO office, Maqsudan, Jalandhar also made requests to PSPCL via email (enclosed) that there is no light in my street where house is situated which will cause theft- or any other crime. But nothing was done from any end. Many theft incidents held at the premises once the thieves took the cement lying there and other they took the keys, water motor, air conditioner installation of 5 ACs in total details as elaborated below. The police has been complained in this regard vide complaints. The complainant paid for NOC of the plot which is around 9000 per Marla and got his Map passed from Municipal corporation, Jalandhar and made so much payments to just get the legal documents clear but left with no other option then to file this complaints 04.12.2021 805019, 26.01.2021 838993, 27.01.2022 839627, 27.01.2022 839922, 05.01.2022 845928 to Punjab police with no 112. Where he was facing difficulties in his basic needs, the unauthorized colonies are getting all the basic enmities i.e. free street electricity, free water supply. The complainant filed compliant to PSPCL site vide no.2202020022 but no avail. The complainant could not install CCTV cameras at the house as the electricity is not there. The complainant could not install his own purchased high voltage lights as there is no connection nearby. That lately on 06.02.2022 another theft occurred when the newly installed broadband was taken away. The broadband was installed on dated 06.01.2022 Rs.2824.92 jio no.181-7968109 on complainant's husband name keeping in mind to install CCTV with the help of electricity connection of neighbors but again robbers took away therefore had to install broad band again making payment of Rs.2824.92 again on dated 07.02.2022. Now his Husband lives in the above dark without electricity under construction house in the night with risk to his life and also his family lately on 05.02.2022 just few feets away there was a murder just adjacent to the under construction house. The complainant is forced to pay rent for the last three months and notice period rent. As the construction is delayed on one account or the other as there is no electricity. The complainant prayed the matter before higher officials of the company via e-mail dated 04.12.2021, but the plight of the complainant was not heard till date. The OP does not stopped here they even now ask for Rs.40,000/- for installation of electric wire from the pole to the house and meter thereof, without issuing any receipt from the PSPCL. The electricity wire from the supply to the electricity meter is the duty of the OP once the supply is issued to the electricity meter the intake is the responsibility and expense of the consumer. Since the cost, billed price, of the bill was paid and bearded by the complainant club with harassment on account of time barred matter of the husband of the complainant as on dated 31.12.2021, 15.01.2022, 15.02.2022 being last date for filing of income tax returns of the clients and legal advisory club with income tax audit cases both attracts fine of Rs.10,000/- and Rs.1.5 lacks each u/S 271 B of the income tax act using all the energy before the police rather than on his professional occupation, so the complainant is entitled to below amount from the OP and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the value of the ret paid for January, February, March Rs.27,225/-, cost paid for security guard Rs.5000/-, cost paid to Travel expenses of S. Simranjit Singh brother in law to come to Jalandhar and live at the first floor of the house as a security guard Rs.10000/- and cost of cement theft 30 gunnies Rs.390/- per gunny, total Rs.11700/- and works goods of labour under construction electric wires and plumbing goods gutter holder Rs.31,000/-, Electric wires Rs.40000/- and Cost of 5 AC fittings copper wires Rs.18,000/- and cost of follow up and mental harassment attracting high blood pressure for non sleepy nights since December amounting to Rs.10,00,000/- and etc.     

2.                Notice of the complaint was given to the OPs, but despite service OPs No.2 and 3 failed to appear and ultimately, OPs No.2 and 3 were proceeded against exparte, whereas OP No.1 appeared through its counsel and filed written reply and contested the complaint by taking by taking preliminary objections that the present complaint is not maintainable and has filed just to harass to the OPs in order to achieve her illegal designs. The complaint of the complainant has nowhere stated about any of the provisions which is attracted the provisions of the Consumer Protection Act. It is further averred that the present complaint is bad for non-joinder and mis- joinder of necessary parties. It is further averred that the complainant has no locus-standi to file the present complaint. It is further averred that the complaint of the complainant is vague and on the basis of baseless allegations and same has been falsely leveled against the OPs. On merits, the factum with regard to installation of both temporary and permanent meter is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.

6.                The complainant has alleged that he had applied for temporary meter on 02.09.2021 and the meter was installed in the last week of September. It has further been alleged that the meter was installed in the back street about 150 feet away from the house. The installation of meter was not possible without installing the wire after crossing the road, which was very dangerous for the residents and the OPs did not install the meter infront of the house despite his request. The complainant has further alleged that he applied for permanent account number on 30.11.2021, but the meter has not been installed in the premises of the complainant. This is the deficiency in service by the OPs. Due to this deficiency of OPs, the complainant had to live in dark without electricity. The broadband was also got installed by the complainant in order to install CCTV with the help of the electricity connection of the neighbours, but the broadband was taken away by robberers. The complainant had to get the broadband installed again by making payment of Rs.2824.92 on 07.02.2022. The complainant has made complaints to the SDO office Maqsudan and vide emails also the request was made for installation of meter, but to no effect. Even the complaint was filed online to the OP, but to no effect. The electricity connection record regarding the complainant has been forged by the OP and the report to this effect was also called.

7.                The filing of the application for temporary connection is admitted. It is alleged by the OPs that at the time of filing the application for temporary connection, the complainant was fully made aware that the electric meter will be installed near the electric pole through which supply will be provided to the temporary electric connection holder and only five meter wire is allowed from the pole for above said connection. The consumer will be responsible to connect the connection from the temporary electric meter by installing his own wire. It has further been alleged that the electric connection was installed for two months and the temporary meter connection was duly used by the complainant. It is also admitted that the complainant applied for the permanent electricity connection and as per the record the permanent electric connection was installed outside the house of the complainant. The negligence and deficiency in service has been denied by the OP.

8.                The complainant has proved on record the sale deed Ex.C-1 to show that he is owner of the house mentioned in the complaint. The complainant has also proved the receipt showing that he had paid the amount for the installation of the electric connection Ex.C3. Ex.C-6 is the tax invoice showing that he had made the payment for the installation of the CCTV Camera. The complainant has also produced on record the emails and the letters written to the OPs. During the pendency of the complaint, the complainant moved an application seeking the report from the OP and as per the order of the Hon’ble State Commission, order was passed and report of the OP was sought.

9.                As per the written statement, the OP had installed both temporary and permanent meter. They have also produced on record the copies of ME-2 Register showing the record of the installation of the meter.  In Para No.15 of the written statement, it has been mentioned that electricity meter was installed as per the ME-2 Register record Serial No.28/2019 on 20.12.2021 vide meter A1482964 Make L/T. Ex.D-1 shows that the application was filed by the complainant for the meter connection. The Register Ex.D-5 shows that the meter was installed on 20.12.2021. The report filed by the Senior Executive Engineer on 01.09.2023 shows that as per his report the connection of temporary account number 3007697813 was applied on 02.09.2021, but actually was released on 08.01.2022 and billing got started in SAP system on 08.01.2022. The permanent connection as per this report was released on 04.02.2022 and as per the report of JE at the time of installing the new permanent connection, the old meter of temporary account was not available at the site and the report of theft was also written for registration of FIR of stolen meter, therefore, the date of meter disconnection cannot ascertained. However, it can be presumed to be 03.02.2022. Annexure 11.1 and 11.2 shows that the dates have been mentioned as 02.12.2021 and 10.09.2021, whereas as per the report the dates are different. The temporary connection was applied as per report on 02.09.2021, but was released on 08.01.2022 and the permanent connection was released on 04.02.2022, which is contradictory to the entries mentioned in the ME-2 Register. Annexure 5.1 filed alongwith the report show that the temporary meter was installed on 08.01.2022 and the permanent meter was installed on 04.02.2022. The present complaint was filed on 28.02.2022 and as per submission of the complainant, till then no permanent meter was installed nor the temporary meter was disconnected. The OP has not produced on record any rules, guidelines or any policy as alleged by the OP that the electric pole, through which the supply is to be provided to the temporary electric connection holder, only five meter wire is allowed from the pole for above said connection. Though, it has been mentioned in the written statement that the temporary electricity meter was installed as per the policy, but no policy has been filed on record by the OP. The OP himself is not clear as to when the temporary connection was released and when the permanent connection was installed. The complainant has produced on record the copies of the photographs showing the laying of the wires which apparently seems to be in a dangerous condition as it can cause harm to anybody. It is proved that the complainant applied for the meter on 30.11.2021, which as per the report was installed on 04.02.2022, but as per written statement on 20.12.2021 and the version of OP is contradictory. The register produced by the OP seems to have been prepared afterwards in order to escape from the liability. Due to all these acts of OP, the complainant had to suffer harassment physically, mentally as well as financially. The deficiency in service by OP has been proved. Thus, the complainant is entitled for the relief.

10.              In view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to pay a compensation of Rs.25,000/- for causing mental tension and harassment to the complainant and Rs.10,000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

11.              Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

13.08.2024         Member                          Member           President