DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH [Complaint Case No:747 of 2010] Date of Institution : 18.11.2010 Date of Decision : 10.05.2011 ---------------------------------------------- Sh. M. L. Singhwal, Aged 38 years son of Sh. Puran Singh resident of House No.425, First Floor, Sector 15-A, Chandigarh. ---Complainant. V E R S U S S.D.E. Sub Division No.4, Electricity Department, Sector 15, Chandigarh. ---Opposite Party. BEFORE: SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT. MADHU MUTNEJA MEMBER Argued By:None for the complainant. Sh. Jatinder Singh, Govt. Pleader for the OP along with Sh. Kishori Lal, U.D.C O/o OP. PER LAKSHMAN SHARMA, PRESIDENT Sh. M. L. Singhwal has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein for the following directions to the OP: - i) To provide separate electricity meter/connection for the half portion in possession of the complainant; ii) To pay a sum of Rs.1 Lac as compensation and damages for harassment and mental agony. iii) To pay a sum of Rs.11,000/- as litigation expenses. iv) To pay a sum of Rs.10,000/- as miscellaneous expenses. v) To pay interest @12% per annum on the aforesaid amounts. 2. In brief, the case of the complainant is that he is in possession of half portion of first floor of House No.425 in Sector 15, Chandigarh and is paying the rent as well as electricity charges to Sh. Harnam Singh Dadwal, Father-in-law of Ms. Pushpa Dadwal (owner of the rented premises). It is averred that the other half portion of that floor is occupied by one Sh. B. K. Bhatia. As per the tenancy agreement, the complainant was paying the electricity charges to Sh. Harnam Singh Dadwal to the extent of 50% and the remaining bill of 50% was being paid by the other tenant. In the year 2009, some dispute arose between the complainant and the landlord. As a result, Sh. Harnam Singh Dadwal did not deposit the amount paid by the complainant, against electricity bills, with the OP-Electricity Department and arrears of Rs.12,034/- became due against the complainant for the period September 2009 till August 2010, which were deposited by him for whole of the first floor. Thereafter the complainant moved an application with the OP for installing a separate meter for the portion in possession of the complainant but to no avail. Finally, the complainant served a legal notice dated 20.9.2010 upon the OP. As per the complainant, the landlord has received a fresh electricity bill for the period September 2010 to October 2010 and the other tenant has refused to pay his 50% share. According to the complainant, he is ready and willing to deposit his 50% share of the consumption but the officials of the Department are insisting for deposit of the full amount. They have threatened to disconnect the electricity connection to the rented premises on the first floor in case the entire bill is not paid. Thus, non installation of separate meter/connection in the portion in possession of the complainant amounts to deficiency in service on the part of OP. In these circumstances, the present complaint has been filed seeking the reliefs mentioned above. 3. In the reply filed by OP, the factum of depositing of Rs.12,034/- by the complainant or his landlord as electricity billed amount has been admitted. It is pleaded that three separate electricity connections/meters were provided in House No.425, Sector 15, Chandigarh as per the following details:- Sr.No | Electy. A/c No. | Meter No. | Name | Sanctioned Load | Category | 1. | 1503/042500G | CHEP45898 | Harnam Singh | 8.960 KW | DS | 2. | 1503/042502K | CHEP48824 | Harnam Singh | 5.200 KW | DS | 3. | 1503/042503P | CHPVT11391 | Harnam Singh | 2.760 KW | DS |
It is pleaded that application dated 27.8.2010 and legal notice dated 20.9.2010 were duly replied by the OP vide memos bearing No.3839 dated 27.9.2010 (Annexure R-2) and 4033 dated 1.10.2010 (Annexure R-3) respectively. It is asserted that as per departmental instructions, more than one connection on each floor is not allowed and this also applies in case of dealing with extension of load case. It is admitted that the complainant has paid the pending dues against A/c No.1503/042502K except the current bill amounting to Rs.1,827/-, which was due on 18.1.2011. Therefore, according to these OP, there is no delay on its part in granting separate electricity connection for the portion in possession of the complainant. So, the complaint deserves dismissal. 4. We have heard the learned counsel for the OP and perused the record very carefully. None appeared on behalf of the complainant on the date of final hearing i.e.9.5.2010 although on the last date of hearing i.e.7.4.2011, Sh. Gaurav Bhardwaj, Advocate had appeared for the complainant. 5. The question to be determined in this complaint is whether a separate electricity connection/meter can be provided to the complainant for the half rented portion on the same floor of the house, which he is occupying? In order to settle this issue, we may like to refer to Annexure R-1, which are the relevant instructions on the subject. Annexure R-1 is the copy of letter written by the Chief Engineer, U.T., Chandigarh to The Superintending Engineer, Elect. (OP) circle, Chandigarh on the subject “Amendment in PSEB Sales Instruction No.268 (Revised up to 31.12.1991). Vide this document, certain amendments were approved in Instruction No.268 in respect of Domestic and N.R.S consumers and the amendment listed at Serial No.1 relates to the subject matter of this complaint, which read as under: - “1. Separate electricity connections for each floor of the residential houses may be allowed in the name of owner but more than one connection at each floor may not be allowed on any floor. This will also apply in case of dealing with extension of load cases” From the bare reading of the Instruction reproduced above, it is apparent that only one electricity connection is permissible for each floor. Admittedly, in view the relevant instructions, three separate electricity connections/meters have already been provided by the OP in House No.425, Sector 15, Chandigarh and Meter bearing No.CHEP48824 (Elect. A/c No. 1503/042502K having 5.200 KW load was installed on the first floor of the premises, where the complainant has occupied half portion on rent. 6. Thus, as a separate electricity connection/meter has already been installed on the first floor of the premises, no separate (second) electricity connection/meter can be given to the complainant for half the portion of the first floor occupied by him on rent. 7. Accordingly, in view of the clear instructions of OP Department not to provide more than one connection on each floor, there is no deficiency in service on the part of OP. 8. In view of the above findings, we are of the opinion that there is no merit in this complaint and the same is accordingly dismissed. However, the parties are left to bear their own costs of litigation. 9. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced. 10th May 2011. Sd/- (LAKSHMAN SHARMA) PRESIDENT Sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER Ad/-
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MRS. MADHU MUTNEJA, MEMBER | | 
