BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.143 of 2014

Date of Instt. 6.5.2014

Date of Decision :16.12.2014

Smt.Gurmeet Kaur aged about 65 years wife of Nirmal Singh R/o Village Gaddowali Tehsil and District Jalandhar.

..........Complainant

Versus

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

2. Punjab State Power Corporation Ltd, Sub Division Badshah Pur, Tehsil & District Jalandhar through its Sub Divisional Officer.

.........Opposite parties

Complaint under section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Sh.Gulshan Arora Adv., counsel for complainant.

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

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the complainant is in possession of the property measuring 4 marla comprised in Khasra No.57 Khatauni No.231 as per entries contained in the copy of jamabandi for the year 2011-12 H.B.No.282 situated at Village Gaddowali, Tehsil & District Jalandhar. Copy of the jamabandi is enclosed. The complainant is co-sharer in the said property. The complainant applied for installation of electricity connection in her name after depositing the requisite fee and electricity connection bearing No.DH35/474 was installed in the premises in the name of complainant. After installation of the electricity connection in the name of the complainant, on the basis of a false complaint, the opposite party No.1 issued a false notice alleging that the complainant has illegally encroached upon the property and has got installed the electricity connection in her name and the opposite party also threatened to disconnect the same. The said notice is illegal, unlawful, baseless and contrary to the existing facts and the same is politically motivated. The opposite parties have no right to disconnect the electricity connection installed by it, in the name of the complainant. The complainant approached the opposite party No.2 alongwith copy of the jamabandi many times with a request not to disconnect the electricity connection but the opposite party No.2 is adamant. The act of the opposite party No.2 in threatening the complainant to disconnect her electricity connection is illegal, unlawful, politically motivated and is actionable. The complainant is living in her property with her family and has every right to enjoy the amenity of electricity and she can not be deprived of the said amenity on false and frivolous allegations. On such like averments the complainant has prayed for restraining the opposite parties from disconnecting her electricity connection. She has also claimed compensation and litigation expenses.

2. Upon notice, the opposite parties appeared and filed a written reply pleading that the present complaint is not maintainable, on one hand the Sarpanch of Gram Panchayat Gaddowali(Jalandhar), issued a letter alongwith form agreement on application of the complainant Gurmeet Kaur to release her a Domestic Supply Electric Connection and on the other hand the Sarpanch of Gram Panchayat Goddowali objected through a letter dated 3.3.2014 not to release the electric connection to Gurmeet Kaur or anybody else. There is no negligence or deficiency on the part of the opposite parties. As a matter of fact the complainant Gurmeet Kaur applied for domestic electric connection with the opposite party No.2 and submitted form application and agreement (form A & A) dated 28.10.2013 alongwith photocopy of Ration Card, Identity Card, Self Declaration, Certificate of Schedule Caste, alongwith letter of Sarpanch, Gram Panchayat Gaddowali, regarding identification and release of (DS) electric connection in the name of Gurmeet Kaur complainant who submitted test report and the service connection order (SCO) No.44/S/13/06550 dated 16.11.2013 was issued by the opposite party No.2. The Sarpanch Gram Panchayat wrote a letter dated 3.3.2014 to the opposite party No.2, SDO Badshapur(Lambra) (Jalandhar), that there is a Khadda for water and latrine of Gram Panchayat and Nirmal Singh, Lamberdar has taken possession over the half of portion of the Khadda so the electric meter to anybody may not be installed. In response to it a letter No.617 dated 7.3.2014 was written by the SDO Lambra, Jalandhar, the opposite party No.2 to Sarpanch of village Gaddowali to produce documentary evidence regarding the title of Panchayat over the said land. In response a letter dated 4.4.2014 was written by Sarpanch to SDO that it is Khasra No.57 of Panchayat and in response a letter memo No.798 dated 17.4.2014 was issued by opposite party No.2 to Gurmeet Kaur, the complainant to clarify the position in writing. They denied other material averments of the complainant.

3. In support of her complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CA and Ex.CW3/A along with copies of documents Ex.C1 to Ex.C12 and closed her evidence.

4. On the other hand, learned counsel for opposite parties tendered affidavit Ex.O1 alongwith documents Ex.O2 to Ex.O12 and closed evidence.

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

6. The short dispute involved in the present case is regarding domestic electricity connection installed in the name of the complainant. According to the complainant she is residing in the premises where electricity connection in question is installed but the opposite parties are threatening to disconnect the same. On the other hand, according to opposite parties on an application of the complainant alongwith letter of Sarpanch Gram Panchayat Gaddowali regarding identification and release of domestic connection, the electricity connection in the name of the complainant was installed but vide letter dated 3.3.2014 the Sarpanch of Gram Panchayat wrote letter that there is Khadda for water and latrine but Nirmal Singh Lamberdar has taken possession over the half portion of the same, so electric connection to anybody may not be installed. Further according to opposite parties in response to the said letter, the opposite parties wrote a letter dated 17.4.2014 to the complainant to clarify the position in writing and due to fact the present complaint has been filed. The complainant has placed on record photographs Ex.C-3 to Ex.C-8 to show that electricity meter has been installed by the opposite parties. Electricity is a necessity and in these days one can not imagine to live without electricity. In preliminary objection No.1, the opposite parties have pleaded that on one hand the Sarpanch Gram Panchayat issued a letter alonwith form agreement on application of the complainant Gurmeeet Kaur to release her domestic supply electrical connection and on the other hand the Sarpanch Gram Panchayat Gaddowali objected through a letter not to release the electric connection to Gurmeet Kaur or anybody else. Counsel for the complainant contended that there is a party faction in the village and new Sarpancha malafidely issued the above said letter to the opposite parties not to release the electricity connection. Counsel for the opposite parties contended that the Gram Panchayat in his above said letter has stated that there is a Khadda for water and latrine of Gram Panchayat and Nirmal Singh, Lamberdar has taken possession of half of portion of the same. Complainant is wife of Nirmal Singh. In the present summary proceedings we are not to decide the title in respect of the property where the electricity connection is installed in the premises of the complainant. However, in case the complainant or her husband has encroached upon any land of the Gram Panchayat, the Gram Panchayat at liberty to evict them in accordance with law but till the complainant is evicted from the premises in question by due process of law, she is entitled to electricity connection which is necessity in these days. The opposite parties are not justified in threatening to disconnect the electricity connection on the letter of Sarpanch of Gram Panchayat of the village particularly when earlier they have released connection to the complainant on the recommendation of the Sarpanch of Gram Panchayat.

7. In view of above discussion, the present complaint is accepted and opposite parties are restrained from disconnecting the electricity connection of the complainant in any manner otherwise there is due course of law. The complainant is awarded Rs.3000/- in lump sum on account of compensation and litigation expenses. 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

16.12.2014 Member President