Chandigarh

DF-II

CC/592/2020

Kisan Singh - Complainant(s)

Versus

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

Amit Kumar Rai

06 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

======

Consumer Complaint  No	:	592 of 2020
Date  of  Institution	:	13.10.2020
Date   of   Decision	:	06.12.2024

 

 

 

 

Kisan Singh s/o Sh.Sunder Singh, R/o H.No.1462, Sector 39-B, Chandigarh.

             … … … Complainant

Versus

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

2.  Assistant Executive Engineer, PSPCL, Zirakpur, Tehsil Dera Bassi, Distt. Mohali (Feeder Mohi Kalan).

3.  Sub Divisional Officer, PSPCL, Banur, Tehsil and District Mohali, Punjab (Feeder Mohi Kalan).

4.  Junior Engineer Attinderpal Singh, PSPCL, Banur, Tehsil and District Mohali (Feeder Mohi Kalan)

   … … … Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.BRIJ MOHAN SHARMA,     MEMBER

                               

Argued by:    None for Complainant.

None for OPs (Defence of OPs already struck off).

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that he applied for SP Electricity Connection of 19.860 KW (Flour Mill Connection) for running his flour mill for his livelihood. The OPs accepted the application of the complainant and complainant vide receipt No.51379 dated 15.07.2019 deposited the load fee of Rs.61,998/-. The OPs made the estimate regarding the installation of electricity connection i.e. pole, wiring, transformer etc. It is pleaded that after receiving the electricity connection charges, load charges, pole charges, electricity wire charges, transformer charges etc. the OPs issued the goods to the complainant. After few days in the month of July 2019, as per the electricity route site plan the OPs installed the pole but they failed to install the wire and transformers. The complainant approached and requested the OPs many times to install the said electricity connection but they have not paid any heed to the request of the complainant. It is pleaded by complainant that he is suffering from huge financial loss as he purchased the machinery of the flour mill after obtaining the loan but due to non-installation of electricity connection by the OPs, the flour mill of the complainant is not functioning and he is paying the loan installment after taking amount from his relatives on interest. Alleging the aforesaid act of OPs deficiency in service and unfair trade practice on their part, this complaint has been filed with a prayer to direct the OPs to install the electricity connection of the complainant and pay compensation & costs of litigation. 

2]      After the service of notice upon OPs, OPs appeared before this Commission but failed to file their written version within the stipulated period granted by this Commission, hence, as provided under Section 38 of the Consumer Protection Act, 2019 mandated by Hon’ble Supreme Court of India in case titled as New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd., AIR 2016 SC 86 and M/s Daddy’s Builders Pvt. Ltd. & anr Vs. Manisha Bhargava & anr., II (2021) SLT 201, their defence was ordered to be struck off vide order dated 10.01.2023.

3]       Complainant led evidence in support of his case.

4]       We have gone through the documents on record.

5]       It is observed from the record that as per own case of the complainant, he had applied for SP Electricity Connection for running his flour mill for his livelihood and paid fee of Rs.61,998/- vide receipt No.51379 dated 15.07.2019. The OPs made the estimate regarding the installation of electricity connection of the complainant. The main plea of complainant is that the OPs installed only pole and failed to provide the electricity connection despite his repeated requests to the OPs. In support of his averments in the complaint, the complainant has filed his affidavit and copy of legal notice dated 15.08.2020, at page No.19, sent to the OPs, copy of receipt dated 15.07.2019 with regard to deposit of fee of Rs.61,998/- (Annexure A-1), copy of estimate prepared by OPs dated 05.08.2019 for installation of electricity  connection (Annexure C-1) and copies of receipt challan dated 13.08.2019, invoice of purchase of Rice Shellar Machinery alongwith consignment bill dated 19.08.2019 (Annexure C-2 Colly).

6]       Despite availing opportunities, the OPs did not file the written version within the stipulated period and ultimately, the defence of OPs was struck off. This act of the OPs draws an adverse inference against them. It shows that OPs have nothing to say in their defence vis a vis the allegations made by the complainant in the complaint. Therefore, the averments of the complainant go unrebutted and uncontroverted and the same are accepted as correct. The failure of the OPs to install the electricity connection certainly amounts to deficiency in service and unfair trade practice on their part, especially when the entire evidence led by the complainant is unrebutted.

7]       In view of the above discussion, present consumer complaint succeeds, the same is partly allowed and the OPs are directed to install the concerned Electricity Connection of the complainant within 45 days from the date of receipt of certified copy of this order.

8]       The pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per Rules under The Consumer Protection Rules, 2020. After compliance file be consigned to record room.

Announced

06.12.2024                                                               

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (BRIJ MOHAN SHARMA)

MEMBER

as