Punjab

Sangrur

CC/143/2017

Harjinder Singh - Complainant(s)

Versus

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

Sh.Ramit Pathak

05 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                     

                                                Complaint No.    143

                                                Instituted on:      07.04.2017

                                                Decided on:       05.06.2017

 

Harjinder Singh son of Nand Singh S/o Jhabbi Singh R/O Village Birkalan, Near Main Bus Stand, Tehsil Sunam, District Sangrur.

                                                …Complainant

                                Versus

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

2.     Assistant Executive Engineer, (SDO) PSPCL, Sub Division, Cheema, Distt. Sangrur.

                                                        …Opposite parties

 

For the complainant    :               Shri Ramit Pathak, Adv.

For Ops                    :               Shri Mohit Verma, Adv.

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Harjinder Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he is the consumer of the Ops vide electricity connection number BK43/615.  It is further averred that initially the above said connection was a domestic one, but the same was later on changed to NRS connection, as the same was being used in order to earn his livelihood by way of self employment. The grievance of the complainant is that he received letter number 90 dated 20.1.2017, wherein it has been alleged that the connection in question has been installed in violation of the rules laid down by the PUDA regarding scheduled roads, as such the Ops disconnected the connection without assigning any reason.  The complainant visited the Ops so many times to withdraw letter dated 20.1.2017 and to restore the electricity connection, but all in vain.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to withdraw/quash letter number 90 dated 20.1.2017 and to restore the electricity connection in question and further to pay compensation and litigation expenses.

 

2.             In reply filed by the OPs, legal objections are taken up on the grounds that the complainant has not come to the Forum with clean hands, that the complainant has no cause of action and locus standi to file the present complaint, that this Forum has got no jurisdiction to hear and try the present complaint and that the complainant is estopped from filing the present complaint. On merits, it is admitted that the complainant obtained the connection in question under domestic category and after that the complainant used the same for his commercial activities by way of using the same for running his seven shops which are situated at village Birkalan and the connection was changed to NRS category. It is further averred that the complainant without the permission of the PSPCL used the wires from the said meter to give the supply to his seven shops which are adjourned to his residence, but the same falls under the PUDA area and as per the application given by the local habitants, the Ops after receiving the application dated 15.10.2016, they issued notice number 90 dated 20.1.2017 and as such vide PDCO number 168/73596 dated 27.1.2017 the connection of the complainant was disconnected. It is further averred that PUDA authorities were not impleaded as a party in the present case.  The other allegations levelled in the complaint have been denied in toto.

 

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-6 copies of documents and Ex.C-7 affidavit and closed evidence. On the other hand, the learned counsel for Ops has produced Ex.OP-1 affidavit, Ex.OP-2 to Ex.OP-13 copies of documents and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.

 

5.             It is an admitted fact that the complainant is a consumer of the Ops vide domestic connection in question which was later on converted to NRS connection as the complainant was being using the same for commercial purposes.  The complainant is aggrieved on receiving letter number 90 dated 20.1.2017, Ex.C-1, whereby it has been stated that the connection in question will be disconnected as the connection in question was obtained by the complainant without following the instructions of PUDA for the schedule road, as such, it is contended that the connection in question has been illegally disconnected.  On the other hand, the learned counsel for the complainant has contended vehemently that it is not open for the Ops to disconnect the connection at this stage and they had to see it when it was provided.  Further there is nothing on record to show that the PUDA authorities ever objected to the connection in question nor there is any objection letter on record issued by the PUDA authorities.  It is worth mentioning here that the connection in question was issued to the complainant after getting deposited the due security etc. for providing the same as is evident from the copy of receipt on record Ex.C-4.  The OPs have also produced on record a copy of letter number 784 dated 26.5.2017, Ex.OP-2, whereby it has been stated that the connection in question can be released in view of Commercial circular number 19/2017 dated 22.5.2017.  We have also perused the copy of circular number 19/2017, Ex.OP-3, wherein it has been stated to provide hassle free service to its valuable electricity consumers in the state, no NOC/CLU is required for release of electricity connection/extension of load/demand for domestic industrial and commercial category anywhere in the State of Punjab subject to the condition that in case, any central/state authority directs for disconnection of any such connection, the same shall be disconnected. However, if there are any specific orders of any court restraining the release of connection or extension of load, the same shall prevail.  But, in the present case, there are no such directions of any court of law restraining the continuance of the connection in question.  In the circumstances, we feel that ends of justice would be met if the OPs are directed to restore the electricity connection in question of the complainant.

6.             In view of our above discussion, we allow the complaint and direct the OPs to withdraw the notice number 90 dated 20.1.2017 and restore the electricity connection in question of the complainant immediately.  However, it will be open for the OPs to disconnect the connection in question, if any central/state authority directs for disconnection of any such connection according to the law/provisions.  In the peculiar circumstances of the case, the parties are left to bear their own costs. A copy of this order be issued to the parties free of charge. File be consigned to records.

                        Pronounced.

                        June 5, 2017.

                                                        (Sukhpal Singh Gill)

                                                             President

                               

 

                                       

                                                            (Sarita Garg)

                                                               Member

 

 

       

                                                        (Vinod Kumar Gulati)

                                                                 Member