Punjab

Moga

CC/16/116

Ramesh Kumari - Complainant(s)

Versus

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

Sh. R.S.Aulakh

09 Nov 2016

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                                      CC No. 116 of 2016

                                                                                      Instituted on: 13.07.2016

                                                                                      Decided on: 09.11.2016

 

Ramesh Kumari, aged 53 years, wife of Nachhattar Sharma, son of Dhani Ram, resident of House no.3745, New House no.351, Patti Muglu-ki, Bagha Purana, Tehsil Bagha Purara, District Moga.

                                                                          ……… Complainant

 

Versus

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

 

2.       S.D.O. Punjab State Power Corporation Ltd., Bagha Purara, District Moga.

 

3.       X.E.N. Punjab State Power Corporation Ltd., Bagha Purana, District Moga.  

 

                                                                           ……….. Opposite Parties

 

 

Complaint U/s 12 of the Consumer Protection Act, 1986.

 

 

Quorum:    Sh. Ajit Aggarwal,  President,

                   Smt. Bhupinder Kaur, Member.

 

Present:       Sh. Ramandeep Singh Aulakh, Advocate Cl. for complainant.

                   Sh. S.K. Dhir, Advocate Cl. for opposite parties.  

 

 

ORDER :

(Per Ajit Aggarwal,  President)

 

1.                Complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 ( hereinafter referred to as the "Act") against Punjab State Power Corporation Ltd., through its Chairman, The Mall, Patiala and others (hereinafter referred to as the opposite parties) directing them to immediately reinstalled the electric meter connection bearing account no.F11DB230262N, in the house of the complainant, bearing House no.3745, New house no.351, situated at Patti Muglu-Ki Bagha Purana Tehsil Bagha Purana, District Moga and to restore the electricity supply of the above said connection. Further opposite parties may be directed to pay Rs.1,00,000/- on account of mental agony and physical harassment and to pay Rs.15,000/- on account of litigation expenses to the complainant and any other relief, which this Forum may deem fit and proper in the circumstances of the case be also granted.

2.                Briefly stated the facts of the case are that the complainant is permanent resident of House No.3745, new house no.351, Patti Muglu-Ki, Bagha Purana, Tehsil Bagha Purana, District Moga. Sh.Nachhattar Sharma husband of the complainant was a driver and earlier he alongwith complainant were resided at Moga and he handed over the possession of his house mentioned above to his friend namely Mul Chand, who care takes the said house, in the absence of Nachhattar Sharma. Mul Chand also got installed an electric meter connection bearing a/c no.F11DB230262N in the house of the complainant in his own name. About 15 years ago, Nachhattar Sharma alongwith the complainant and his son Deepak Sharma were shifted at Baghapurana in the house in question and since then they are peacefully residing in the said house as owner and the complainant also got obtained her Ration Card, Adhar Card and Voter Card on the aforesaid address. The said Nachhattar Sharma left the house about 6 years ago and he is still missing. Said Mul Chand also died about 8 years ago. The complainant is peacefully residing in the house in question and using the said electric connection and regularly paying the consumption charges to opposite parties. However, one Harmel Singh son of Inder Singh, resident of Jai Singh Wala Road, Bagha Purana threatened the complainant to eject/dispossess the complainant from the house in question. Thereafter the complainant alongwith her son Deepak Kumar filed a civil suit against the said Harmel Singh on dated 17.12.2015 and the same is pending before the Hon'ble court of Sh.Amit Garg, Additional Civil Judge, Senior Division, Bagha Purana. The said Harmel Singh is a influential person and he has close links with some officials of opposite parties and due to the influence of said Harmel Singh, the officials of opposite parties disconnected the electricity supply of the above said connection bearing a/c no.F11BD230262N, running in the house of the complainant and the officials of opposite parties also bring down the electric meter from the house of the complainant on dated 26.12.2015. The complainant requested the opposite parties to reinstall the electric meter and to restore the electricity supply of the above said electric meter, but they refused to admit the request of the complainant. Due to the aforesaid illegal act of the opposite parties the complainant has to suffer mental tension, harassment and monetary loss. Hence this complaint.

3.                Upon notice, opposite parties appeared through their counsel and filed their written reply taking certain preliminary objections that the present complaint is not maintainable; that this Forum has got no jurisdiction to try and decide the present complaint; that the complainant has got no locus-standi to file the present complaint; that the complainant has concealed material facts from this Forum. Actual facts are that electric connection in dispute is in the name of Mool Chand and the said consumer consumed the electricity for the period 02/2015 to 12/2015 amounting to Rs.8689/-. The consumer did not pay the said amount. Consequently, the electric connection in dispute was disconnected on 28.12.2015 vide PDCO no.13/525 dated 14.12.2015. The consumer is liable to pay the disputed amount to the opposite party' corporation both in law and equity. On merits, it is admitted upto the extent that the electric connection in dispute was installed in the name of Mool Chand. Further submitted that the demand of opposite party corporation is legal one and accordance with rules and regulations of the opposite party corporation. The opposite parties disconnected the electric connection on account of non payment of consumption charges. Rs.8689/- are still outstanding against the consumer on account of consumption charges. All other allegations made in the complaint have been denied and a prayer for dismissal of the complaint with costs has been made.

4.                In order to prove the case, complainant tendered in evidence his duly sworn affidavit Ex. C-1 and copies of documents Ex. C-2 to Ex.C-10 and closed the evidence. 

5.                In rebuttal, opposite parties tendered in evidence duly sworn affidavit of Sh.Pavittar Singh, XEN, PSPC Ltd. Bagha Purana Ex.OPs-1 and closed the evidence.

6.                We have heard learned counsel for the parties and have very carefully gone through record placed on file.

7.                The case of the complainant is that she is permanent resident of House No.3745, new House no.351, Patti Muglu Ki, Bagha Purana, Tehsil Bagha Purana, District Moga and there was a electric connection installed in the name of Mul Chand. The complainant is in possession of the house and was paying the electricity charges regularly used by the complainant. The complainant regularly paying the consumption charges regarding the said electric connection. One Harmel Singh son of Inder Singh threatened the complainant to eject/dispossess from the house in question. The said Harmel Singh is a influential person and has close links with some official of opposite parties. Due to influence of said Harmel Singh the officials of opposite parties disconnected the electric supply of electric connection in the house of the complainant on 26.12.2015. The complainant requested the opposite parties to reinstall and restore the electric supply of the above said electric connection, but they refused to admit the request of the complainant. There is nothing due towards the electricity charges regarding the said electric connection. The opposite parties wrongly and illegally disconnected the electric supply, which amounts to deficiency in service and trade mal practice on the part of opposite parties. Due to the acts of opposite parties the complainant suffered mental tension and harassment. The opposite parties may be directed to restore the electric supply to the house of the complainant.

8.                On the other hand, Ld. Counsel for opposite parties argued that the electric connection in dispute in the name of Mul Chand and there was electric bill for the period from 02/2015 to 12/2015  amounting to Rs.8689/- was due, which was not paid to the opposite parties. Consequently, the electric connection was disconnected on 28.12.2015 vide PDCO no.13/525 dated 14.12.2015. The opposite parties are entitled to claim this amount and the complainant is liable to pay this amount. Without paying this amount, the electric connection of the complainant cannot be restored. The demand of opposite parties is legal one and according to rules and regulations of corporation. They rightly disconnected the electric connection of the complainant  due to non payment of electricity charges. There are still outstanding amount on account of consumption charges. There is no deficiency in service on the part of opposite parties. The present complaint may be dismissed.

9.                We have thoroughly gone through the file, evidence and arguments lead by ld. Counsel for the parties. The case of the complainant is that she is consumer of opposite parties being beneficiary of Mul Chand. She regularly paying the electricity charges to opposite parties. On 28.12.2015, the officials of the opposite parties wrongly disconnected the electric supply to the house of the complainant in connivance with one Hamel Singh, who thretned the complainant to dispossess from the house in question. On the other hand, ld. Counsel for opposite parties argued that there was an amount of Rs.8689/- was due towards the electric connection in dispute for the period February, 2015 to December, 2015. This amount was not deposited with the opposite parties and due to non payment of consumption charges, the opposite parties disconnected the electric connection on 28.12.2015. However, ld. Counsel for complainant argued that there is nothing due towards the consumption charges towards the complainant. He produced copy of electricity bill dated 23.12.2015 amounting to Rs.8650/- payable by 07.01.2016, which is Ex.C-10. He further produced copy of receipt dated 28.12.2015 amounting to Rs.8650/- as Ex.C-9. As such, there was nothing due towards the complainant as electricity consumption charges on 28.12.2015. The complainant had already paid all the dues to opposite parties on 28.12.2015, but they disconnected the electricity connection. Moreover this bills was to payable upto 07.01.2016 and prior to 07.01.2016, they cannot disconnect the electricity connection of the complainant on the ground of non payment of consumption charges. The other objection of opposite parties is that electric connection in dispute was issued in the name of Mul Chand and the complainant is not consumer of opposite parties. She has no right to file the present complaint and present complaint is not maintainable. Ld. Counsel for the complainant argued that the complainant is owner in possession of the house, where the electric connection in dispute is installed. Mul Chand in whose name the electric connection was issued already died 8 years ago. Now, the complainant is enjoying all the rights and benefits of house and electric connection in dispute and is true beneficiary of electric connection and she is paying the electricity bills to opposite parties. The complaint filed on her behalf is fully maintainable. On it, our Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh, in case titled as Joginder Singh Versus Punjab State Electriciy Board and others - 1999 (2) CLT 134 held that not only the actual person, who had hired the services of the opposite party, is to be consumer entitled to claim relief under the Consumer Protection Act, but also a beneficiary of such a contract of hiring services of the opposite party. In the present case also, the complainant is using the electricity from the electric connection in question being its beneficiary user.

10.              In view of the above discussion, we are of the considered opinion that opposite parties disconnected the electricity connection of the complainant wrongly and illegally, which amounts to deficiency in service and mal trade practice on the part of opposite parties. Hence the complaint in hand is hereby allowed and opposite parties are directed to reconnect and restore the electric connection of the complainant within one month from the receipt of copy of this order, failing which, the complainant shall be entitled to initiate proceedings under section 25 and 27 of the Consumer Protection Act. Copy of this order be supplied to the parties free of costs. File be consigned to record room.

Announced in Open Forum

Dated : 09.11.2016

                                                  (Bhupinder Kaur)                    (Ajit Aggarwal)

                                                            Member                                     President