Punjab

Nawanshahr

CC/129/2015

Gurdev Kaur - Complainant(s)

Versus

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

Vikask Narad, Nipun Bhalla

30 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SHAHEED BHAGAT SINGH NAGAR

Consumer Complaint No.         :     129 of 17.11.2015

Date of Decision:                    :              30.06.2016    

 

1.       Gurdev Kaur aged 65 years W/o Balvir Ram S/o Meher Chand R/o Village Jandiala, Tehsil Banga, District Shaheed Bhagat Singh Nagar.

2.       Balvir Ram S/o Meher Chand R/o Village Jandiala, Tehsil Banga, District Shaheed Bhagat Singh Nagar.

                                                                   …Complainants

Versus

1.       Punjab State Power Corporation Limited, through its Chairman/MD/Secretary, PSPCL Head Office, The Mall, Patiala.

2.       S.D.O. (D-S), Punjab State Power Corporation Limited, Poonian Road, Banga, District Shaheed Bhagat Singh Nagar.

…Opposite Parties

                             Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:

MRS.NEENA SANDHU, PRESIDENT

S.KANWALJEET SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants                    :         Sh.Nipun Bhalla, Advocate

For OPs                                   :         Sh.S.S. Garcha, Advocate

ORDER

MRS.NEENA SANDHU, PRESIDENT

In brief the case of the complainants is that the complainant No.1 had purchased property having area of one Kanal 2 Marlas 4 Sirsai bounded as East : - Jagtar Singh, West : - Rasta, North : - Jagtar Singh and South : - Jagtar Singh situated in the area of Village Jandiala, Tehsil Banga, District Shaheed Bhagat Singh Nagar through sale deed dated 07.05.2007 registered on 09.05.2007 by paying the consideration amount.  The complainant No.1 applied for electricity connection for the said property and for installing electricity supply meter, for which she had paid Rs.2,310/- vide receipt No. 426 book No. D 80576 dated 18.05.2010. Ops assured her  that electricity connection would be issued very soon. But the officials of the Ops kept lingering on the matter without any rhyme and reason. Complainants approached the Ops many times but they kept on delaying the matter without stating any reason. On 27.11.2014 the officials of the OPs told them that  they are required to deposit the fee again. The complainants being uneducated  rustic villagers agreed to pay the fee and complainant No.2, husband of complainant No.1 again deposited Rs.2575/- through receipt No. 116 dated 27.11.2014. However, the Ops did not issue the electricity connection despite the fact that the complainants had paid the required fee and completed all the formalities for issuance of electric connection. The right to electricity is right to life and liberty as per articles 21 of constitution of India. No one in the modern days   can survive without electricity. By not releasing the  electricity connection, the OPs are thus deficient in providing service and they be directed to issue electric connection in the name of complainant No. 1 and install electricity supply meter in her premises situated at Village Jandiala, Tehsil Banga, District Shaheed Bhagat Singh Nagar. They be also directed to pay Rs.1,00,000/- as compensation and litigation expenses.

2.       On being put to notice, OPs have filed written version taking preliminary objections that complaint is not maintainable in the present form; complainant have no locus standi to file this complaint; complainants have not come to this Forum with clean hands as they have suppressed the material facts. On merits, it is stated that OPs have visited the spot and found that the spot for which the electric connection has been applied for is a small room, there is a tubewell bore in the said room and around it, there is about two kanals agriculture land.  On seeing the site, it appears that the electricity connection is applied for irrigation of the said agriculture land.  So, the domestic connection cannot be supplied, as nobody is living in the said small room.  Rest of the averment of the complaint are denied and prayer has been made for dismissal of the complaint.

3.       On being called to do so, the learned counsel for the complainant has tendered in evidence affidavit Ex.CW1/A of complainant, alongwith documents i.e. copy of sale deed Ex.C-1, copy of site plan of suit property Ex.C-2, copy of receipt dated 18.05.2010 Ex.C-3, copy of receipt dated 27.11.2014, copy of Fard Jamabandi of the suit property for the year 2013-14 Ex.C-5, copy of Akash Shijara Ex.C-6, copy of Khasra Girdawari Ex.C-7 and closed the evidence. Learned counsel for OPs has tendered affidavit of Sh.Balwinder Sharma, SDO Ex.OPA/1 alongwith documents Test Report (5 pages) Ex.OP-1, PDCO Ex.OP-2, Letter dated 10.12.2014 Ex.OP-3 and closed the evidence.

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

5.       From the copy of sale deed dated 09.05.2007, Ex.C1 it is evident that Smt.Gurdev Kaur i.e. complainant No. 1 is the owner of the property as aforesaid. From the copy of receipt No.426 dated 18.05.2010, Ex.C3, it is apparent that Smt.Gurdev Kaur i.e. complainant No.1 had deposited Rs.2310/- with the Ops. Further, from the receipt No.116 dated 27.11.2014, Ex. C4, it is apparent that Balbir Ram i.e. complainant No. 2 also paid Rs.2575/- to the OPs. In the letter dated 10.12.2014, issued by the SDO, PSPCL, Rural Banga, Ex.OP3, it is stated that its official visited the said spot and found that there was one small room and in the said room, there was one tubewell bore.  Around the said room there was agriculture land about 2 Kanals. It appears that the complainant No.2-Balbir Ram has applied for the electric connection for the purpose to irrigate the said agriculture land. The OPs asked Sh.Balbir Ram to explain his position. But he never clarified his position and that is why the electricity connection could not be released in the said premises.

6.       The learned counsel for the complainants vehemently argued that after receipt of letter dated 10.12.2014 the complainants approached and requested the OPs for release of electricity connection. They also told the Ops that they were ready to give undertaking that they would use the electricity only for domestic purpose and not for agriculture purpose, but the Ops did not release the electricity connection in the said premises. The OPs by not releasing the electric connection in the said premises are thus deficient in providing service.  Due to said act of the Ops the complainant has suffered mental agony and physical harassment, therefore, they not only be directed to release the domestic electricity connection in the said premises but also be directed to pay compensation alongwith litigation expenses, as prayed for in the complaint.

7.       From the bare reading of the letter dated 10.12.2014 Ex.OP3 it is clear that the Ops merely on the presumption that the complainant might use the electricity for the agriculture purpose instead of using for domestic purpose have not released the electric connection in the said premises.  It may be stated that when the complainants were ready to give undertaking that they would use the electricity only for domestic purpose and not for agriculture purpose,  then the Ops had no reason to not to release of electric connection in favour of complainant No.1, as prayed for in the complaint. Even otherwise electricity is a basic necessity and by not releasing the electricity connection the OPs are thus deficient in providing services and they are not only liable to release the electric connection in favour of the complainant No.1 for the said premises but also liable to pay compensation on account of mental agony and physical harassment suffered by the complainant alongwith litigation expenses.

8.       In view of the aforesaid discussion we allow the complaint and direct the Ops in the following manner : -

1. To release the domestic electric connection in aforesaid premises in favour of the complainant No.1.
2. To pay Rs.5,000/- as compensation to the complainants.
3. To pay Rs.3,000/- as litigation expenses to the complainants.

The OPs are further directed to comply with the aforesaid directions jointly or severally within a period of 30 days from the date of receipt of certified copy of this order.

9.       The certified copies of this order be supplied to the parties free of costs, as per rules and file be indexed and consigned to the Record Room.

Dated:  30.06.2016

(NEENA SANDHU)

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(KANWALJEET SINGH)

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