| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 250 of 10.7.2019 Decided on: 30.12.2022 Jai Inder Singh S/o Rupinder Singh, resident of Tigers Den, Phase-5, Opposite Golf Course, DCW, Patiala. …………...Complainant Versus 1. Punjab State Power Corporation Limited, Patiala through its Chief Managing Director, Head Office, The Mall, Patiala. 2. Addl.SE, Sub Urban Division, DCW Road, PSPCL, Patiala. 3. S.D.O./Operation, PSPCL, Reeth Kheri Sub Division, Village Reeth Kheri, District Patiala. …………Opposite Parties Complaint under the Consumer Protection Act QUORUM Sh. S.K.Aggarwal, President Sh.G.S.Nagi,Member ARGUED BY Sh.Gurpreet Singh, counsel for complainant. Sh.H.S.Dhaliwal, counsel for the OPs. ORDER S.K.AGGARWAL, PRESIDENT - The instant complaint is filed by Jai Inder Singh s/o Rupinder Singh (hereinafter referred to as the complainant) against Punjab State Power Corporation Limited (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
- It is averred that the complainant is having agriculture land at village Majri Akalian, Tehsil and District Patiala And he had applied for an electric tubewell connection for which priority was accorded under Chairman Quota Scheme to be installed at his agriculture land. The complainant deposited processing fees of Rs.33,000/- on 3.11.2016. It is further averred that the OPs issued priority letter in favour of the complainant but failed to release the connection till today. The complainant requested many times to the OPs to release the connection but the OPs did not disclose any reason or ground of not releasing the said connection. Consequently, prayer for acceptance of the complaint has thus been made.
- Upon notice, OPs appeared through counsel and filed written statement. Preliminary objections have been taken that the complaint is not maintainable; that the complainant has no cause of action and that the complainant has not come to the Forum (now Commission) with clean hands.
- On merits, it s admitted that a priority letter was issued in favour of the complainant. It is averred that the connection under Chairman quota/ priority was allowed to the complainant at village Alipur whereas the complainant wants to get installed the same at village Majri Akalian. It is further averred that a letter was issued to the CMD of PSPCL by the Principal Secretary , Power that the status quo should be maintained till further orders with respect to release of AP connections . As such due to the said reasons, the connection cannot be released to the complainant. After denying all other averments made in the complaint, the OPs prayed for the dismissal of the complaint.
- In support of the complaint, Ld counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Ex.C1 copy of A&A form, Exs.C2 to C5 copies of undertakings, Ex.C6 copy of receipt of Rs.33000/-, Ex.C7 copy of jamabandi, Ex.C8 copy of allotment letter , Ex.C9 copy of news line regarding release of AP Tubewell connection and close the evidence.
- On the other hand, the ld. counsel for the OPs tendered in evidence Ex.OPA affidavit of SDO Rawel Singh alongwith documents, Ex.OP1 copy of letter issued by Principal Secretary, Power and closed the evidence.
- We have heard the ld. counsel for the parties and also gone through the record of the case, carefully.
- The question before this Commission is whether the complainant is entitled for release of tubewell connection in his agriculture land at his Majri Akalian.
- The complainant in his complaint has stated that he is having agriculture land at village Majri Akalian, Tehsil and District Patiala. The complainant has further argued that vide receipt Ex.C6 he had deposited Rs.33000/- on 3.11.2016 as processing fee for the release of the said tubewell connection under Chairman priority. The complainant has also placed on record Fard/jamabandi Ex.C7 for the land at village Majri Akalian. The complainant was allowed tubewell connection under Chairman Discretionary Quota vide copy of letter dated 17.8.2016 Ex.C8, on the basis of the representation made by the complainant to OP No.1 for his agriculture land at village Alipur subject to fulfillment of certain terms and conditions. The complainant has also given different undertakings,
Exs.C2 to C5. - On perusal of the record placed on the file and the written statement of the OPs, it is transpired that the connection to the complainant was allowed at village Allipur. Which is evident from the priority letter, Ex.C8 issued to the complainant, whereas the complainant had prayed to get the same installed in his land located at village Majri Akalian and had submitted the necessary documents for the same to the OPs. The complainant in his self declaration given to OP (Ex.C-4) had declared that, “if he does not get the tubewell connection installed in his own fields and gets it installed at some other field, then the OPs will be at liberty to take any suitable action and forfeit his security or any other amount deposited by him for the said purposes”.
- Thus, in view of the foregoing reasons, we are of the opinion that the complainant cannot take the benefit of his own wrong doings and cannot get the connection released at village Majri Akalian ,since the priority was allowed for release of connection under Chairman priority quota in his land at village Alipur. Finding no merit in the complaint the same is dismissed accordingly. Parties are left to bear their own costs.
- The instant complaint could not be decided within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
PRONOUNCED DATED:30.12.2022 G.S.Nagi S.K.AGGARWAL Member President | |
