| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 171 of 13.6.2023 Decided on: 1.8.2024 Manu Malhotra aged about 38 years son of late Sh.Raman Malhotra, resident of H.no.2475/1, Ram Gali near Arna Barna Chowk, Patiala. …………...Complainant Versus - Punjab State Power Corporation Ltd. HO, The Mall, Patiala through its M.D.
- The XEN/AEE/AE, East Commercial (South) Sub Division Punjab State Power Corporation Ltd. Pathak Vihar Colony, Patiala.
…………Opposite Parties Complaint under the Consumer Protection Act QUORUM Sh.Pushvinder Singh, President Sh.G.S.Nagi, Member ARGUED BY Sh.A.S.Kathuria, counsel for complainant Sh.P.S.Sidhu, counsel for OPs. ORDER PUSHVINDER SINGH, PRESIDENT - The instant complaint is filed by Manu Malhotra (hereinafter referred to as the complainant) against Punjab State Power Corporation Ltd. (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
- It is averred in the complaint that the complainant applied for domestic electricity connection with the OPs for the first floor of property No.2475/1,Ram Gali, Near Arna Barna Chowk, Patiala vide application No.100021503682 dated 24.5.2023 and CC receipt No.214800390328 and also deposited the requisite fee in this regard.
- It is averred that commercial connection is running on the ground floor of the premises and is using the electricity from the same for residential purposes and has to pay the commercial rate for all the units consumed i.e. for his shop as well for his house. It is averred that the OPs failed to install the domestic connection as applied for by the complainant. That complainant also sent registered legal notice dated 6.6.2023 to the OPs to install the domestic connection in response to which the OPs sent a letter dated 8.6.2023 mentioning therein that an amount of Rs.3,64804/- is outstanding in respect of electricity connection No.3000012230 and a consumer complaint No.CC/304/2022 is pending before this Commission.
- It is averred that the OPs have wrongly issued the said demand of Rs.364804/- from the complainant and also wrongly claimed sundry charges/penalty, interest etc to which complainant is not liable. That the complainant is suffering from huge financial loss due to non installing of domestic electricity connection at the first floor of the aforesaid property and is also suffering from mental and physical harassment. On this background of the facts the complainant has filed the instant complaint with the prayer to accept the same by giving direction to the OPs to issue the domestic electricity connection for the 1st floor of the aforesaid property so applied by the complainant and also to pay Rs.1,00,000/- as compensation for causing mental agony and harassment to the complainant.
- Upon notice, OPs appeared through counsel and filed written statement having contested the complaint by raising preliminary objections that the complaint is not maintainable; that the complainant has no locus standi to file the present complaint against the OPs; that the complainant is not a consumer of the OPs as defined under the Consumer Protection Act; that the present complaint is totally false and frivolous and that the complainant has not approached this Commission with clean hands.
- On merits, it is pleaded that JE Balwinder Singh from the office of OPs had visited the site for installing the new electricity connection who found that the complainant was using another electricity connection bearing a/c No.3000012230 and an amount of Rs.3,74,308 was due towards the complainant pertaining to the said electricity connection .
- It is denied that the OPs are harassing the complainant by not installing the domestic electricity connection at the first floor the property of the complainant. It is submitted that under the rules and regulations and Circular No.3.3.7(C) of the PSPCL, in case a consumer applies for a fresh domestic connection against whom outstanding amount is due and a complaint is pending before the Hon’ble Commission has to submit duly signed undertaking that he or she shall abide by the decision of the adjudicating authority. That the complainant was duly informed by the OPs as well as by the JE of the OPs with regard to the formalities that are required to be completed for getting installed the new electricity connection including the furnishing of undertaking. The OPs have also written letter bearing Memo No.7328 dated 13.3.2024 and letter bearing Memo No.265 dated 17.5.2024 requesting the complainant to complete the formalities and to submit the required undertaking so that the new electricity connection could be installed but the complainant failed to do so. After denying all other averments of the complainant the OPs have prayed for dismissal of the complaint.
- In evidence ld. counsel for the complainant has tendered in evidence documents Exs.C1 to C12.
- We have heard the ld. counsel for parties and have also gone through the record of the case, carefully.
- The complainant had applied for the release of new electricity connection for the first floor in his property situated at 2475/1, Ram Gali, Near Arna Barna Chowk, Patiala, in the name of Manu Malhotra vide application No.100021503682 dated 24.5.2023 as per Ex.C7. A demand notice No.7307045 dated 24.5.2023 for Rs.6040/- was issued by the OPs for the release of the said connection as per Ex.C7 which was duly deposited by the complainant as per receipt No.214800390328,Ex.C6.
- The complainant was running a commercial establishment on the ground floor against which commercial connection in the name of Sh.Bhupinder Singh having a/c No.3000012230 was already existing. The complainant wanted this additional connection under domestic tariff for the first floor which was being used by the complainant for residential purposes and applied for the same accordingly. Connection fee of Rs.6040/- as per demand notice dated 24.5.2023 , Ex.C7 was deposited vide receipt No.214800390328,Ex.C6. However, the said connection was not released on the grounds that during the checking it was observed that the complainant was using another electricity connection for his commercial establishment bearing a/c No.3000012230 against which an amount of Rs.3,74308/- was outstanding. A legal notice was also served by the complainant upon the OPs as per Ex.C12. However, the connection was not released.
- The complainant has produced the payment receipts Exs.C1 to C5 for the total amount of Rs.2,30,000/- in respect of the connection bearing a/c No.3000012230 against which the alleged amount of Rs.3,74308/- has been show to be outstanding. The complainant has further argued that another case bearing No.CC/304/2022 is pending before this Commission for the balance amount which has been disputed in the said case and against which an interim stay has been granted vide order dated 5.12.2022.
- The OPs in their written submissions and also vide letters bearing memo No.7328 dated 13.3.2024 and No.265 dated 17.5.2024 have reiterated that they are ready to release the connection to the complainant subject to the submission of the undertaking and completion of other formalities for release of the connection.
- In view of the discussion above, we are of the opinion that as far as the balance amount gainst connection No.3000012230 is concerned a separate dispute is pending before this Commission against which the current bills amounting to Rs.2,30,000/- has already deposited by the complainant on 10.4.2024. The OPs are ready to release the connection of the complainant subject to submission of the undertaking and completion of formalities. As such we direct the OPs to release the said connection within 15 days of submission of undertaking and completion of other formalities by the complainant. The complainant is also directed to complete the formalties in this regard. No order as to costs. The complaint is accordingly disposed off.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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DATED: 1.8.2024 G.S.Nagi PUSHVINDER SINGH Member President | |
