Punjab

Hoshiarpur

CC/14/138

Pawan Kumar - Complainant(s)

Versus

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

04 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOSHIARPUR

(3RD FLOOR, DISTRICT ADMINISTRATIVE COMPLEX, HOSHIARPUR)

C.C. No. 138/03.07.2014

Decided on : 04.02.2015

Pawan Kumar s/o Amar Singh R/o Vill. Bhanowal, P.S. Garhdiwala Teh. Dasuya, Distt. Hoshiarpur.

Complainant

vs.

1. Punjab State Power Corporation Ltd. through S.D.O. P.S.P.C.L. Sub-Division Garhdiwala, Teh. Dasuya, Distt. Hoshiarpur.

2. Punjab State Power Corporation Ltd. through J .E. P.S.P.C.L. Sub-Division Garhdiwala, Teh. Dasuya, Distt. Hoshiarpur.

Opposite parties

Complaint u/s 12 of the Consumer Protection Act, 1986.

 

Quorum: Sh. Ashok Kumar,President.

              Mrs.Vandna Chowdhary, Member.

              Mrs. Sushma Handoo,Member.

 

Present: Sh.Dilbag Singh Garhdiwala, counsel for the complainant.

             Smt.Unita Uppal, counsel for the OPs.

 

ORDER

PER ASHOK KUMAR, PRESIDENT

1. The complainant has filed the present complaint under Section 12 of the Consumer Protection Act,1986 against Punjab State Power Corporation Ltd. through its SDO and another (hereinafter referred to as OP, for short) praying for a direction to the OP to issue connection to him and to pay Rs. 5,000/- as compensation.

2. Briefly stated, the case of the complainant is that he had applied for new domestic electric connection for his haveli and deposited Rs.1,575/- as new connection charges vide receipt book No. E7259 receipt No. 375 dated 03-01-2014. When the applicant deposited the amount for giving new connection, the OP had assured that the connection will be released within 15-20 days. It is averred that the electric pole has already been installed and wire is also fixed but connection has not been given though he had been approaching the OP time and again . It is further averred that the OP is demanding money for release of connection. Complainant is suffering loss due to non-issuance of connection and as such he is entitled to the relief claimed as stated at the outset of this order. Hence this complaint.

3. On notice, OPs filed joint contested written statement taking preliminary objections that the present complaint is not maintainable; complainant has got no locus-standi to file the present complaint; he has not come to this Forum with clean hands and has concealed the material facts and he is not a “Consumer” as defined under the Consumer Protection Act. On merits, it is replied that complainant submitted A & A form for new electricity connection for his Haveli and deposited Rs. 1575/- as security and fixed service connection charges. It is further replied that the licensee is entitled to recover the expenditure to be incurred for the release of the electric connection of the prospective applicant as per rules and regulations of the supply code and relevant provisions of the Electricity Act, 2003. In fact, when the work of installation of polls and wires for releasing the electric connection of the complainant was taken in hands by the OP, one Rakesh Kumar s/o Kehar Singh and other inhabitants of that area objected that the electric wire should not cross their Abadi area and they did not allow the OP to install the electric wire across their land. They also submitted an application on 27-03-2014 to the OP duly attested by Gram Panchayat in this respect . The OP sent a notice vide memo no. 1307 dated 31-03-2014 through registered post to the complainant explaining all the facts. It was also written in the said notice that now the electric connection of the complainant is to be released from road side route and for that purpose the length of the wire will be 270 meters. As per the instructions of the Powercom, the OP will provide 100 meters of wire free to the complainant and remaining 170 meter wire will cost the consumer to Rs. 39,100/-. Accordingly, the complainant was asked to deposit the cost of electric wire of Rs.39,100/- and thereafter, his electric connection would be installed and released . The complainant was supplied the detailed information regarding this even under RTI vide memo No. 1940 dated 24-07-2014. It is denied that the complainant is suffering loss due to non-issuance of connection and is entitled to compensation on that account. It is prayed that the complaint filed by the complainant is liable to be dismissed with costs.

4. Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence affidavit Ex. C-1, certified copy of receipt Ex. C-2, affidavit of Karam Singh Lamberdar Ex. C-3, receipt Mark C-4 and closed the evidence.

5. In order to rebut the evidence of the complainant, the OPs tendered in evidence affidavit of Ravinder Kumar Saini Ex. OP-1, application of complainant Mark OP-2, service connection order Mark OP-3, A&A form Mark OP-4, Test report Mark OP-5, schedule of Energy Mark OP-6, Memos Mark OP-7 , Mark OP-8, application to SDO Mark OP-9, affidavit of Rajinder Kumar Ex. OP-10, copy of ID proof Mark OP-11, site plan Ex. OP-12, affidavit of Gurjinder Singh J.E. Ex. OP-13, circular Mark OP-14, copy of ledger for postal receipts Mark OP-15 & Mark OP-16 and closed the evidence.

6. We have heard learned counsel for the parties and have very carefully gone through the affidavits and documents on the file.

7. Learned counsel for the parties have argued on the lines of their pleadings.

8. We have anxiously considered the rival contentions in the light of evidence on record.

9. It is admitted case that complainant submitted A & A form for new electricity connection for his Haveli and deposited Rs. 1575/- as new connection charges as security and fixed service connection charges. The question for determination is whether he is consumer of OP and complaint filed by him is maintainable ? The answer to this is in the negative. In Additional Chief Engineer & Others vs. Ramalingam, a judgment pronounced by Hon'ble National Commission and reported as 1993 (1) CLT 639, complainant had made an application to the electricity department alongwith earnest money deposited on 18.12.1990. However, power connection was not released . A question arose before the Hon'ble National Commission in revision filed by the electricity department that complainant is not a consumer . In para 3, Hon'ble National Commission held as under.-

   “By making an application alongwith earnest money deposit on 18.11.1990, he had only become an intending consumer, an applicant for service. The hiring of service of supply of power by the appellant could only arise after the full amount had been deposited or the connection had been given. There is considerable merit in the objection taken by the appellant on the question of jurisdiction viz. that the respondent- complainant is not a consumer as defined in the Consumer Protection Act. On this ground the Revision Petition is allowed and orders of State Commission and the District Forum are set aside. ”

10. The above judgment is fully applicable in the present case. Since, complainant is not consumer under the Act ibid. therefore, complaint filed by him is simply unmaintainable. Further, it is the specific stand of the OP that when the work of installation of polls and wires for releasing the electric connection of the complainant was started, one Rakesh Kumar s/o Kehar Singh and other inhabitants of that area objected that the electric wire should not cross their Abadi area and also submitted an application on 27-03-2014 Mark OP-9 to the OP duly attested by Gram Panchayat in this respect . Accordingly, the complainant was informed to get the connection from roadside by depositing Rs.39,100/-, the cost of material but he did not do so. The complainant has not rebutted such stand of OP . Therefore, denial of release of connection otherwise cannot be said to be without any good and sufficient cause . So, the question of deficiency of service on the part of the OPs simply does not arise.

11. In view of our above observations and findings, the complaint filed by complainant is dismissed . No order as to costs. Copy of the order be sent to the parties free of cost. File be consigned to the record room.

Announced.

04.02.2015

 

(Mrs.Vandna Chowdhary) (Mrs. Sushma Handoo) (Ashok Kumar )

Member                            Member                       President

SS