DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.
Consumer Complaint No.20 of 2018
Date of institution: 30.04.2018
Date of decision : 11.02.2019
Varinder Kumar @ Veeru aged about 42 years, S/o Sh. Om Parkash R/o City Bazar, Near Masit, Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib, Mobile No.9877864282, Adhar Card No.230918893815.
…..Complainant
Versus
- Punjab State Power Corporation Ltd., The Mall, Patiala, through its Chairman.
- Sub-Divisional Officer (City)/Asst. Executive Engineer, Punjab State Power Corporation Ltd., Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib.
- X.E.N. Punjab State Power Corporation Ltd., Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib.
…..Opposite parties
Complaint under Sections 12 to 14 of the Consumer Protection Act
Quorum
Sh. Kuljit Singh, President
Sh. Inder Jit, Member
Capt. Yuvinder Singh Matta, Member
Present : Sh. Ajitpal Singh, Adv.Cl. for complainant.
Sh. Sumit Gupta, Adv.Cl. for the OPs.
ORDER
Inderjit, Member
Complainant Varinder Kumar @ Veeru aged about 42 years, S/o Sh. Om Parkash R/o City Bazar, Near Masit, Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib, has filed this complaint against the Opposite parties (hereinafter referred to as “OPs”) under Section 12 to 14 the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant is in possession of a shop, being tenant and is consumer/beneficiary of the OPs by consuming electricity vide electricity connection bearing A/C No.SP61/0277, which is running in the name of late Malkit Singh since its installation. The complainant is using the said electricity connection for his livelihood since 1994 and has been paying the electricity dues regularly and has never been a defaulter of the OPs. The sons of Malkit Singh, namely Jaspal Singh and Surinder Singh have been interfering into the peaceful possession of the said shop by disconnecting its electric meter in connivance with the officials of the OPs. However, the complainant gets the said electric connection reconnected by depositing a huge amount from his own pocket. The said sons of Malkit Singh are now threatening to disconnect the said electric connection or transfer the same in the name of other person or place. The complainant had also filed a civil suit for permanent injunction against Jaspal Singh and Surinder Singh and the Civil Court of Ms. Babita PCS had granted stay in the said civil suit against the respondents. But the OPs are still trying to disconnect the electric meter from the shop of the complainant illegally and forcibly and they totally refused to admit the claim of the complainant. Hence, this complaint for giving directions to the OPs not to disconnect or transfer the electric connection in question.
3. The complaint is contested by the OPs, who filed joint written reply. In reply to complaint, OPs raised certain preliminary objections, inter alia, that the complaint is not maintainable in its present form as the electric connection in question is for commercial use; the complainant has concealed true and material facts from this Forum; the complaint is false, frivolous and vexatious; the complainant is stopped by its own act and conduct to file the present complaint; the complainant has no locus standi and cause of action to file the present complaint and the complaint is bad for mis-joinder and non-joinder of necessary parties. As regards the facts of the complaint, the OPs stated that the electric connection bearing A/c No.SP61/0277 is running in the name of Malkit Singh and OPs have no knowledge regarding the agreement between the complainant and Malkit Singh. It is further stated that no application has been received for transferring the said electric connection till date and OPs have no knowledge about the death of Malkit Singh nor anybody has informed about the same. It is further stated that no action has been taken by the OPs on the application given by Jaspal Singh, Surinder Singh and Davinder Singh all sons of Malkit Singh and the OPs will proceed further as per the rules and regulations of the PSPCL or as per order of this Forum. After denying the other averments made in the complaint, the OPs prayed for dismissal of the present complaint.
4. In order to prove his case, the complainant tendered in evidence his affidavit Ex. C-1 along with copies of documents Ex. C-2 to C-14 and closed the evidence. In rebuttal the OPs tendered in evidence affidavit of Er. Gurjit Singh, SDO as Ex. OP-1 along with true copies of documents Ex. OP-2 to OP-7 and closed the evidence.
5. Ld. Counsel for the complainant argued that the complainant is being harassed by the sons of late Malkit Singh who had rented out his shop to the complainant. The complainant had been paying the rent of the said shop to late Malkit Singh and now after his death, the rent is being paid to the family members of late Malkit Singh. Further Ld. Counsel argued that electricity consumption charges are also regularly being paid to the OPs. Inspite of this, complainant is always under a threat for disconnection of electric meter . He prayed for acceptance of complainant with a direction to OPs for restraining them from disconnecting the said meter connection.
On the other hand, Ld. Counsel for the OPs argued that said connection is a commercial connection and therefore Consumer Forum is not the proper court to hear and decide the present case. He further argued that the OPs have not taken any action on the application of sons of Late Malkit Singh. Further Ld. counsel argued that the complainant is under a threat from the sons of Late Malkit Singh, but he has not made the said sons of Malkit Singh as necessary parties in the complaint. Under the said circumstances, Ld. Counsel prayed for dismissal of complaint with cost to the complainant.
6 We have gone through the documents placed on record, written version / evidence of parties and heard oral submissions of the Ld. Counsel for the parties. We agree with the submissions made by the Ld. Counsel for the OPs. Hence, the complaint is dismissed with a direction to the complainant to approach the appropriate court of Law for redressal of his grievance. Grounds of dismissal of complaint are as under:-
i) The said electric connection is a commercial connection as is evident from the copy of affidavit dated 4.1.92 of late Malkit Singh wherein he has mentioned that he wanted to get the said connection for manufacturing of iron ‘chogaths’ and grills.
ii) The complainant has not made sons of late Malkit Singh as necessary parties to the complaint who have been threatening to get the said electric meter disconnected. Virtually, the sons of Late Malkit Singh, by threatening to get the meter disconnected as aforesaid, are dishonouring the stay orders of the court of Civil Judge (Jr. Division) Fatehgarh Sahib dated 23.4.2018. Hence court of Civil Judge (Jr. Division) Fatehgarh Sahib is the right court for redressal of grievance of the complainant.
iii) Further, the application submitted by the sons of Late Makit Singh to OPs for disconnecting of said electric meter connection is not valid under the Law as the meter has been running in the name of said late Malkit Singh. Hence OPs are supposed not to act on the application of sons of Late Malkit Singh.
The period spent during prosecuting the present complaint before this Forum may be excluded from the period of limitation.
The arguments on the complaint were heard on 28.01.2019 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record roo.
Pronounced :Dated: 11.02.2019
(Kuljit Singh)
President
(Inder Jit)
Member
(Yuvinder Singh Matta)
Member
