BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.171 of 2016

Date of Instt. 11.04.2016

Date of Decision :17.06.2016

Manjit Singh aged about 28 years son of Gian Chand R/o Village Gopalpur @ Bidhipur Tehsil & District Jalandhar.

..........Complainant

Versus

1.Punjab State Power Corporation Ltd., Mall Road Patiala through its Chairman.

2.XEN, Punjab State Power Corporation Ltd., Shakti Sadan, Near Lyallpur Khalsa College, GT Road, Jalandhar.

3.SDO, Punjab State Power Corporation Ltd., Sub Division Kartarpur, Tehsil & District Jalandhar.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Mrs. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Gurvinder Arora Adv., counsel for the complainant.

Sh.KL Dua Adv., counsel for OPs.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties (hereinafter called as OPs) on the averments that that Gian Chand father of the complainant had electric connection bearing account No.BB25/0743. Gian Chand had expired on 5.10.2012. However, OP disconnected electrical connection on 1.4.2016. Complainant approached the OP and requested them to restore the electric connection but the OP stated that they had issued one notice dated 16.3.2016 to Gian Chand original owner of the aforesaid electric connection asking him to produce the documents of ownership of property within seven days but said Gian Chand did not submit any documents regarding the ownership/his status over the property in dispute. So, the OP has disconnected the electric connection and they have not restored the same despite the request made by the complainant. Gian Chand has since expired on 5.10.2012. Complainant submitted that these days electricity is dire necessity and non restoration of the electric connection by the OP amounts to deficiency of service on the part of the OP qua the complainant. On such averments, the complainant has prayed for directing the OPs to restore the electric connection. He has also prayed for compensation and litigation expenses.

2. Upon notice, OPs appeared through counsel and filed written reply pleading that complainant never informed the OPs regarding the death of Gian Chand. The electric connection in question was in the name of Gian Chand father of the complainant. The OP received a resolution dated 6.5.2015 passed by Gram Panchayat of village Gopalpur @ Bidhipur to the effect that electric connection in question of Gian Chand has been illegally installed on the land owned by Gram Panchayat. The villagers as well as Sarpanch, have moved an application supported by resolution of the Gram Panchayat, to the OPs for disconnection of the electric connection of Gian Chand on permanent basis. The said application was supported by a copy of jamabandi for the year 2011-12. On receipt of the said application, memo No.404 dated 16.3.2016 was issued to said Gian Chand son of Kartar Chand asking him to show ownership/his status over the property in dispute within seven days, failing which the connection shall be disconnected but no reply was received within stipulated period. Said notice might have been received by the legal representative of the Gian Chand but none of the legal heirs of Gian Chand filed any document regarding ownership/status of Gian Chand or his legal representative over the property in dispute, within the stipulated period. So, MCO dated 31.3.2016 was issued and the aforesaid electric connection was disconnected on 1.4.2016. OP submitted that disconnection is legal and as per rules and regulations of the OP as no proof of ownership/status of the complainant party over the property in dispute was submitted by said Gian Chand/his L.Rs within stipulated period to the OP. OP submitted that OP was justified in disconnecting the connection in question in the name of Gian Chand. As such, there no deficiency of service on the part of OPs qua the complainant.

3. In support of his complaint, complainant has tendered into evidence affidavits Ex.CW1/A & Ex.CW2/A alongwith copies of documents Ex.C1 to Ex.C20 and closed his evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OP1/A alongwith copies of documents Ex.OP1 to Ex.OP7 and closed evidence.

5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that Gian Chand father of the complainant had electric connection bearing account No.BB25/0743. Gian Chand had expired on 5.10.2012 as stated by complainant in his complaint and as per death certificate Ex.C6 but complainant never reported this fact to the OPs. No doubt complainant being son/LR of Gian Chand began to use the said electric connection as beneficiary after the death of Gian Chand. However, OPs disconnected this electric connection on 1.4.2016. Complainant approached the OPs and requested them to restore the electric connection but the OPs stated that they had issued one notice dated 16.3.2016 to Gian Chand original owner of the aforesaid electric connection asking him to produce the documents of ownership of property within seven days but said Gian Chand did not submit any documents regarding the ownership/his status over the property in dispute. So, the OPs have disconnected the electric connection and they have not restored the same despite the request made by the complainant. Learned counsel for the complainant submitted that these days electricity is dire necessity and non restoration of the electric connection by the OPs amounts to deficiency of service on the part of the OPs qua the complainant.

7. Whereas the case of the OPs is that complainant never informed the OPs regarding the death of Gian Chand. The electric connection in question was in the name of Gian Chand father of the complainant. The OP received a resolution dated 6.5.2015 passed by Gram Panchayat of village Gopalpur @ Bidhipur to the effect that electric connection in question of Gian Chand has been illegally installed on the land owned by Gram Panchayat. The villagers as well as Sarpanch, have moved an application Ex.OP4 supported by resolution of the Gram Panchayat to the OPs for disconnection of the electric connection of Gian Chand on permanent basis. The said application was supported by copy of jamabandi for the year 2011-12 Ex.OP7, resolution passed by Gram Panchayat Ex.OP5 and signatures of villagers in this regard Ex.OP6. On receipt of the said application, memo No.404 dated 16.3.2016 Ex.OP3 was issued to said Gian Chand son of Kartar Chand asking him to show ownership/his status over the property in dispute within seven days, failing which the connection shall be disconnected but no reply was received within stipulated period. Said notice might have been received by the legal representative of the Gian Chand but none of the legal heirs of Gian Chand filed any document regarding ownership/status of Gian Chand or legal representative over the property in dispute within the stipulated period. So, MCO dated 31.3.2016 Ex.OP2 was issued and the aforesaid electric connection was disconnected on 1.4.2016. OP submitted that disconnection is legal and as per rules and regulations of the OPs as no proof of ownership/status of the complainant party over the property in dispute was submitted by said Gian Chand/his L.Rs within stipulated period to the OPs. Learned counsel for the OPs submitted that OPs were justified in disconnecting the connection in question in the name of Gian Chand. As such, there no deficiency of service on the part of OPs qua the complainant.

8. From the entire above discussion, we have come to the conclusion that the electric connection in question bearing No.BB25/0743 was in the name of Gian Chand. The said Gian Chand has expired on 5.10.2012 but neither the complainant nor any L.R. of Gian Chand informed the OPs regarding the death of Gian Chand. But the complainant being son of Gian Chand continued using the said electric connection being beneficiary as son of Gian Chand. Gram Panchayat of village Bidhipur passed resolution dated 6.5.2015 Ex.OP5 that Gian Chand was in illegal possession of the panchayat land and he got installed electric connection in the land of the Gram Panchayat illegally. The same should be got disconnected and the OPs be approached to disconnect the electric connection in the name of Gian Chand illegally got sanctioned by said Gian Chand on the land of Gram Panchayat. Resultantly, Sarpanch of village filed application Ex.OP4 to the OP for disconnection of the electric connection in the name of Gian Chand. This application was duly supported by copy of resolution of Gram Panchayat Ex.OP5 and the signatures of the inhabitants of the village Ex.OP6 in this regard. The Sarpanch has also produced copy of jamabandi Ex.OP7 to prove that the said Khasra No.40, 45 and 46 Khatuani No.183/1 is the ownership of Gram Panchayat and said Gian Chand has illegally occupied the said land. Consequently, the OPs issued notice vide memo No.404 dated 16.3.2016 Ex.OP3 to said Gian Chand asking him to furnish documents regarding ownership/status of said Gian Chand over the property in dispute within seven days to the OPs, failing which the aforesaid electric connection in the name of Gian Chand shall be disconnected. This notice has been received by L.Rs. of Gian Chand because Gian Chand has already expired and complainant being son of Gian Chand and other L.Rs. of Gian Chand had been in occupation of that property where the electric connection in the name of Gian Chand was installed. But none of L.Rs. of Gian Chand submitted any reply to the said memo nor submitted any document of ownership/status of the complainant/L.Rs of Gian Chand over the property in dispute. So, the OPs issued MCO dated 31.3.2016 Ex.OP2 and disconnected the aforesaid electric connection on 1.4.2016. So, after 1.4.2016 the complainant did not remain the consumer qua the OPs because neither complainant nor any L.R. of said Gian Chand deceased have informed the OP regarding the death of Gian Chand nor moved any application for transfer of aforesaid connection from the name of Gian Chand to the name of complainant or any other L.R. of Gian Chand.

9. Apart from this, the complainant or any other L.R. of Gian Chand, also could not produce any document or any evidence to prove that the property in dispute where the aforesaid electric connection in the name of Gian Chand was installed, is the ownership of complainant/Gian Chand and that it was not ownership of Gram Panchayat of village Bidhipur. Whereas, the Gram Panchayat of village Bidhipur has produced on record jamabandi regarding the land in dispute Ex.OP7. Neither the complainant nor any L.R. of Gian Chand to produce any document in this Forum after filing of the present complaint to prove that complainant/L.R. of Gian Chand are in legal possession of property in dispute; which fully prove that the complainant/L.Rs. of Gian Chand are in illegal possession of the property in dispute and a person who is in illegal possession of the property in dispute is not entitled to get the electric connection installed in his name in that property. So, this Forum is of the opinion that the OPs were justified in disconnecting the aforesaid electric connection in the name of Gian Chand as Gian Chand/L.Rs. of Gian Chand are in illegal possession over the property of Gram Panchayat and the Gram Panchayat as well as villagers of village Bidhipur have moved application to the OPs for disconnection of the electric connection of Gian Chand who was in illegal possession of the property of Gram Panchayat and in this regard they have produced copy of jamabandi pertaining to the property in question.

10. Consequently, we hold that OP was justified in disconnecting the electric connection in question. As such, we do not find any merit in this complaint and same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh

17.06.2016 Member Member President