DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA.

 

Consumer Complaint No. : CC/109/2019

Date of Institution : 22.08.2019

Date of Decision : 17.03.2020

Gram Panchayat Talwandi, Tehsil Tapa, District Barnala through its Sarpanch Amandeep Singh.  

...Complainant

Versus

1. Punjab State Power Corporation Limited, Through SDO, Sub Division, Bhadaur.  

2. Punjab State Power Corporation Limited, through Assistant Executive Engineer, Sub Division, Barnala.

3. Punjab State Power Corporation Limited, Head Office, The Mall, Patiala through its Chairman/Secretary.

...Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act, 1986.

Present: Sh. GS Dhillon counsel for the complainant.

Sh. SK Kotia counsel for the opposite parties. 

Quorum.-

1. Sh. Kuljit Singh : President

2. Sh. Tejinder Singh Bhangu : Member

(ORDER BY KULJIT SINGH, PRESIDENT):

    The complainant namely Gram Panchayat Talwandi through its Sarpanch Amandeep Singh has filed the present complaint under the Consumer Protection Act (hereinafter referred as Act) against Punjab State Power Corporation Limited, Sub Division, Bhadaur and others. (hereinafter referred as opposite parties).

2. The facts leading to the present complaint as stated by the complainant are that the complainant had applied for an electric motor connection of 20 BHP with the opposite party No. 1 for agricultural purpose vide application No. 975 dated 27.6.2014 and paid Rs. 4,500/- as security vide receipt dated 27.6.2014 who assured the complainant that as per the Government Policy the complainant will be given connection on priority basis. The complainant is owner in possession of agricultural land measuring 100 Kanals 11 Marlas and 125 Kanals 16 Marlas in Village Talwandi and they gave the land to the people on lease every year. The complainant Gram Panchayat has installed tubewell in its land and said land is irrigated only through tubewell water and in the absence of motor connection it is very difficult for the complainant to give its land on lease without proper supply of water which can be assured only through electric motor connection.  

3. It is further alleged that all the connections prior to the application of the complainant as well as after the application of the complainant has been released by the opposite parties. The opposite parties did not pay any heed to the request of the complainant so the complainant is waiting for the connection since 2014 and suffered huge loss due to non availability of electric connection. The complainant visited many times to the office of the opposite party No. 1 and requested them to release the connection as per the policy of the Government on priority basis but to no effect but the opposite parties have not issued even demand notice which amounts to deficiency in service and unfair trade practice on their part. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to release the electric motor connection to the complainant on priority basis as per Government Policy.      

2) To pay Rs. 75,000/- on account of mental tension, agony and  harassment.           

3) To pay Rs. 25,000/- as litigation expenses. 

4) Any other relief this Forum may deem fit. 

The complainant also filed rejoinder in which they have reiterated the facts as mentioned in the complaint. 

4. Upon notice of this complaint, the opposite parties have filed written reply taking legal objections interalia on the grounds that the complainant has no locus standi or cause of action to file the present complaint and present complaint is not maintainable. 

5. On merits, it is denied that connection prior to the application of the complainant and after the application of the complainant has been released by the opposite parties. It is submitted that complainant applied for an electric motor connection vide application No. 975 of 28.5.1993 in 2-1/2 scheme for which no policy has been issued for releasing the electricity motor connection on seniority basis and whenever the policy for releasing the electricity connection on seniority basis will be made the connection will be released on seniority basis. Lastly, they prayed for the dismissal of the present complaint with costs.   

6. In support of their complaint, complainant tendered into evidence affidavit of Amandeep Singh Ex.C-1, copy of resolution Ex.C-2, copy of receipt Ex.C-3, copies of jamabandi Ex.C-4 and Ex.C-5, copy of legal notice Ex.C-6, postal receipt Ex.C-7 and closed the evidence.

7. To rebut the case of the complainant, the opposite parties  tendered into evidence affidavit of Lakhvir Singh Ex.OPs-1, copy of memo dated 19.11.2018 Ex.OPs-2, copy of memo dated 22.11.2018 Ex.OPs-3, copy of memo dated 30.11.2016 Ex.OPs-4, copy of public notice Ex.OPs-5, copy of format of affidavit Ex.OPs-6, copy of memo dated 13.4.2018/letter No. 20 of 2018 regarding policy and guidelines Ex.OPs-7 and closed the evidence.   

8. We have heard learned counsel for the parties and have gone through the record.

9. It is admitted case of the complainant that it applied for electric motor connection of 20 BHP on 27.6.2014 vide receipt Ex.C-3. The complainant submitted in his complaint that it requested the opposite party No. 1 to release the connection as per the policy of the Government of priority basis which was not denied by the opposite parties. On the other hand the opposite parties mentioned in their written version that complainant applied for motor connection on 27.6.2014 but thereafter no policy has been issued for releasing the electricity motor connection on seniority basis and whenever the policy for releasing the electricity connection on seniority basis issued the connection will be released to the complainant. They further submitted that no electricity connection has ever been released to any of the applicant who has applied for electricity connection after the complainant.

10. Further, the opposite parties tendered in evidence latest circular of the opposite parties regarding release of tubewell connection bearing No. 20/2018 which was issued vide memo No. 177/181 dated 13.4.2018 Ex.OPs-7 in which the cut off dates of all the tubewell connections have been mentioned. In this letter it is mentioned that in General Category the cut off date of release of tubewell connection who has more than 5 acres of land like complainant is mentioned as 01.01.1992 whereas the complainant applied for tubewell connection on 8.9.2011. Further, in General Category where full cost of material is to be borne by the applicant the cut off date of release of tubewell connection from 2.5 acres to 5 acres of land is mentioned as 31.3.2007 whereas the complainant applied for tubewell connection on 8.9.2011 vide receipt Ex.C-3. 

11. But to rebut all these circulars of the opposite parties the complainant placed on file copy of letter of Government of Punjab Department of Power (Power Reforms Wing) bearing No. 816 dated 10.12.2015 in which in Annexure-1 Page-02 at Point C the Existing Priority Categories are mentioned. It is also mentioned at point (1) of Point C that these priority categories having over riding priority (without cut-off date for issuing the demand notice) for issuing of demand notices. Further, in Table T-3 it is clearly mentioned that Gram Panchayat (including Mushtarkha Malikana land managed by Gram Panchayat Tubewell connections for reviving ecology of Holi, Bai, Nagar Panchayat, Nagar Counsel, Municipal Corporation, Municipal Committee and Notified Area Committee) also fallen under this category which has without cut off date for issuing the demand notice. As the complainant is also a Gram Panchayat, Village Talwandi so in our view the complainant also fallen under this category where no cut off date for issuing the demand notice. Further, in the rejoinder filed by the complainant it is mentioned that opposite parties has released one electric motor connection to Gram Panchayat Kharak Singh Wala on 25.4.2012 which is running on the spot and also issued demand notices for two more connections on 17.7.2014 out of which one demand notice has been issued to Gram Panchayat, Kharak Singh Wala and another demand notice to Gram Panchayat, Alkara which will be soon released to both the Panchayats. In these circumstances the complainant is also entitled for the tubewell connection on priority basis but in the letter dated 10.12.2015 at Page No. 3 it is clearly mentioned that the connections applied in the year 2014-15 not released due to Hon'ble NGT case Status Quo to release AP connection order 5th March 2014 was maintained, so in the present complaint we cannot order to release the tubewell connection to the complainant if this status quo order dated 5.3.2014 is still in force. 

12. In view of above discussion, the present complaint is disposed of. Accordingly, in view of the status quo order of Hon'ble NGT dated 5.3.2014 we cannot order to issue demand notice to the complainant if the same is still in force. But if the said order has already vacated then the opposite parties are directed to issue demand notice to the complainant for releasing tubewell connection on priority basis for which it applied for and after getting completion of all the formalities the tubewell connection be also issued to the complainant on priority basis. There is no order as to costs or compensation. Copy of this order be supplied to the parties free of costs. The file be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN FORUM:

    17th Day of March 2020

 

 

            (Kuljit Singh)

            President

              

(Tejinder Singh Bhangu)

Member