Complainant Kashmir Singh has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to shift the tubewell connection from village Daulwal to Village Kot Ahmad Khan, immediately.  Opposite parties be further directed to pay Rs.50,000/- for financial loss of three crops suffered by him and also pay compensation of Rs.30,000/- for unnecessary harassment, physical pain and mental agony alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that he is an owner of tubewell connection bearing account No.AAP-12/1209, 3 B.H.P. installed in his land situated at village Dauwal, Tehsil and Distt.Gurdaspur, which he had taken from the opposite parties and as such he is the consumer of the opposite parties. He sold his land of village Daulwal where the abovesaid tubewell is installed and in lieu of that land he purchased some land in village Kot Ahmed Khan, Sub Division Kotli Surat Malli, Tehsil Batala, Distt. Gurdaspur and as such he wants to shift his above referred tubewell connection. He has further pleaded that he moved an application for transfer of his tubewell connection from village Dauwal to the land at village Kot Ahmed Khan, to opposite party no.1 and on the asking opposite party no.1 he  deposited Rs.500/- as processing fee vide Receipt No.BA16N0325/90087 dated 9.1.2014. Opposite party no.1 forwarded the application to the opposite party no.2 and they further forwarded the application to the Deputy Chief Engineer (DS) Circle, Gurdaspur. The said Deputy Chief Engineer (DS) Circle, Gurdaspur granted the sanction for shifting of tubewell connection and sent the same to opposite party no.2 vide memo No.12822/23 dated 06.06.2017. Inspite of the fact that Deputy Chief Engineer (DS) granted the sanction for shifting of tubewell connection, the opposite parties nos.1 and 2 are not shifting the tubewell connection with malafide intention and for the reason best known to them. He remained approaching the opposite party no.1 time and again but all in vain. Thus, there is clear cut deficiency in service on the part of the opposite parties. Hence this complaint.

3.           Notice issued to the opposite parties who appeared through their counsel and filed the written reply admitting therein that the Account No.AP-12/1209 was sanctioned in the name of complainant. It was next submitted that the complainant has moved an application for the transfer of the tubewell connection in question and also deposited Rs.500/- as processing fees. One Deepak Sharma and others filed a Civil Suit for declaration against the opposite party and complainant Kashmir Singh in the Civil Suit Gurdaspur which is still pending regarding the connection in dispute and due to the pendency of the above mentioned suit the opposite party did not shift the connection in dispute whereas the opposite party has no personal interest in the matter in dispute. It was further submitted that the opposite party did not shift the connection in dispute due to the pendency of Civil Suit mentioned above. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed with cost.

4.       Alongwith the complaint, complainant has filed his own affidavit Ex.C-4, alongwith other documents Ex.C-1 to Ex.C-3.

5.    Alongwith the written statement, opposite parties has filed affidavit of Er.Bhupinder Singh, S.D.O. PSPCL Ex.OP-1 and other document Ex.OP-2.

6.    Written arguments have been filed on behalf of opposite parties.

7.       We have carefully gone through the pleadings of counsels for the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

8.      As per details of the case enumerated in the respective pleadings of the parties it reveals that the complainant has applied for shifting of his tubewell electric connection with opposite party no.1, but it has not been shifted by the opposite parties. Copy of the receipt for deposit of processing of Rs.500/- fee alongwith application has been placed at Ex.C-1 by the complainant.

9.    Opposite party in their reply stated that there was a Civil Suit pending in the Civil Court, Gurdaspur filed by Mr.Deepak Sharma in this regard against shifting of the said tubewell connection, hence it has not been shifted by them (Ex.OP-2).

10.    Now during the pleading of the case the counsel for the complainant brought to the notice of this Commission and submitted the copy of this judgment that the case filed by Mr.Deepak Sharma has been decided on 9.12.2022 by Hon'ble Civil Judge (Junior Division) Gurdaspur, in favour of the complainant of the present complaint.

        "In view of my findings upon the issues no.3 & 4 as delineated         above, suit of the plaintiffs fails and is hereby dismissed with         costs and plaintiff is not entitled to the relief of Declaration      and Permanent Injunction as prayed for Decree sheet be        prepared accordingly and file be consigned to the record room    Gurdaspur, after re-indexation".

11.              From the above, we see that the shifting of the tubewell connection of the complainant was only stayed by the opposite parties due to pendency of the Court Case in the Civil Court on the same matter.

             Now as the court case has been decided in favour of the complainant. So there is no hurdle in between for opposite parties to execute the work of shifting of the tubewell connection. The complainant might have completed all other formalities regarding shifting of tubewell connection with opposite party as opposite party has not pointed out any other reason than the Civil Court case. However, complainant has to deposit the requisite amount for shifting of tubewell connection with opposite party as per rules and regulations of the Department if not deposited earlier.

12.         In view of the above, present complaint is partly allowed and opposite parties no.1 & 2 are directed to shift the said electric connection of the tubewell of the complainant to the desired place after getting the requisite amount deposited from the complainant  if not deposited earlier as per rules and regulations of this Department within 90 days from the receipt of the copy of the orders. There is no order as to cost.

13.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

14.         Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

                    (Kiranjit Kaur Arora)

                                                                                   President   

Announced:                                               (Bhagwan Singh Matharu)

March 10, 2023                                                    Member

*MK*