BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No. 253 of 2014

Date of Instt. 1.8.2014

Date of Decision :8.12.2014

Smt.Harsh Rani Bali wife of Satish Bali, R/o 904, Arjan Nagar, Jalndhar City.

..........Complainant

Versus

Punjab State Power Corporation Limited through Sub Divisional Office, Sub Division Civil Lines, Jalandhar.

.........Opposite party

Complaint under section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Sh.Asa Singh Adv., counsel for complainant.

Sh.DR Seth Adv., counsel for opposite party.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act 1986, against the opposite party on the averments that the complainant is the owner in possession of the residential house 908, Arjan Nagar, Ladowali Road, Jalandhar as portion of this 7 Marla house belonging to Smt.Balwinder Kaur wife of Late Gurdip Singh was purchased and got transferred by the complainant by a registered power of attorney. Therefor she is consumer of the domestic power connection No.J/23/CR/11/186 installed in the above said residential house. The complainant formally applied for the change of the said connection in her name on 24.6.2013 as advised by the opposite party Sub Divisional Officer of the Civil Line, Jalandhar vide giving a formal application and deposit of the requisite fee of Rs.1415/- for the change of the connection. Perhaps it might have been allowed but no such intimation has been received by the complainant yet. The complainant has been paying the bills for the electricity consumed and had challenged one bill from 1.3.2014 to 1.5.2014 comprising of 594 units of amount of Rs.2970/- payable on 14.5.2014 which she felt is excessive as per actual consumption. The complainant for the sake of testing the authenticity of the installed meter applied for the change of the present meter. The requisite fee for the earliest replacement of the meter was got deposited by the SDO Civil Line on 22.5.2014, vide receipt No.145 of Rs.120/-. It is certain that the installed meter is running fast and is showing irrational, erratic and excessive consumption as compared to the meters installed in their neighbouring houses which shows genuine and correct consumption. On such like averments, the complainant has prayed for staying the payment of excessively charged bills based on incorrect reading due to fast moving and erratic functioning of the meter till it is replaced. She has further prayed for directing the opposite party to transfer the meter in the name of the complainant. She has also claimed compensation.

2. Upon notice, the opposite party appeared and filed a written reply raising preliminary objection regarding maintainability, locus-standi, not approaching the forum with clean hands, mis joinder and non joinder of necessary party, estoppel, want of cause of action etc. It further pleaded that complainant has never applied for change of name whereas one Smt.Jyoti has applied for change of name. She also does not have any right or title over the said property No.908-A, Arjan Nagar, Jalandhar. As a matter of fact that electric connection account No.C.R.11/0186 DS at 908-A, Arjan Nagar, Jalandhar, stands in the name of Sadhu Singh and the complainant never applied for change of name of said connection whereas one Smt.Jyoti applied for change of name vide agreement form dated 24.6.2013 and sub-mitted test report and affidavit dated 13.6.2013 of Sadhu Singh, alongwith application dated 22.5.2014 of Sadhu Singh to Suwidha Centre, and letter of Sadhu Singh challenging the bill and meter change order dated 22.5.2014 was effected on 11.8.2014. Keeping in view of letter memo No.1543 dated 12.8.2013 was issued to Smt.Jyoti to submit the documents pertaining to the title of the said properly. It further pleaded that complainant is not in possession of the property in question. It denied other material averments of the complaint.

3. In support of her complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CA and Ex.CB along with copies of documents Ex.C1 to Ex.C8 and closed her evidence.

4. On the other hand, learned counsel for opposite party has tendered affidavit Ex.O1 alongwith copies of documents Ex.O2 to Ex.O7 and closed evidence.

5. We have carefully gone through the record and also heard learned counsel for the parties.

6. The present complaint is liable to be dismissed on the sole ground that complainant can not be held to be consumer. In para 1 of the complaint, the complainant has pleaded that she is owner in possession of the residential house No.908, Arjan Nagar, Ladowali Road, Jalandhar as portion of this 7 Marla house belonging to Smt.Balwinder Kaur wife of Late Gurdip Singh was purchased and got transferred by her by a registered power of attorney. It may be mentioned that no immovable property can not be transferred by way of registered power of attorney. The complainant has not produced any sale deed in respect of the above said house which might have been executed by the original owner of the house. The complainant is even not in possession of the house in question. In the copy of power of attorney Ex.C-2 the complainant is mentioned as resident of 904, Arjan Nagar, Ladowali Road, Jalandhar and whereas the electricity connection is installed in house No.908, Arjan Nagar, Ladowali Road, Jalandhar as pleaded by the complainant herself. At the time of arguments, leaned counsel for complainant stated that daughter of the complainant namely Jyoti is residing in the above said house. So according to the own contention of learned counsel for the complainant Jyoti Bali daughter of the complainant is residing in the house in question. So complainant is even not in possession of the house in question. The complainant has placed on record electricity bills Ex.C-4, Ex.C-5 and Ex.C-8. All these bills are in the name of Sadhu Singh. Neither Sadhu Singh nor Jyoti Bali nor Balwinder kaur are parties in the present complaint. The opposite party has placed on record copy of application Ex.OP2 moved by Jyoti Bali for transfer of the connection. The opposite party has also placed on record copy of affidavit Ex.OP3 given by Sadhu Singh in whose name the electricity connection is installed. In his affidavit Sadhu Singh has stated that he has no objection if the said electricity connection is transferred in her name i.e Harsh Rani Bali wife of Satish Bali R/o H.No.904, Arjan Nagar, Ladowali Road, Jalandhar. As already discussed above, the complainant is not in possession of the above said house.

7. So in the above discussed circumstances, the complainant can not be held to be consumer of the electricity connection in question. Consequently, the present complaint is dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.

Dated Jyotsna Thatai Jaspal Singh Bhatia

8.12.2014 Member President