DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Baldev Raj Sethi s/o Sh. Sukhdev Raj Sethi, aged about 69 years, R/o H.No. 3374, Sector 46-C, Chandigarh.

                                                        ---Complainant.

V E R S U S

SDO Electricity, Sub Division No.6, Sector 20-C, Chandigarh.

---- Opposite Party

BEFORE:          SH. LAKHMAN SHARMA                          PRESIDENT

MRS.MADHU MUTNEJA                        MEMBER

                    SH.JASWINDER SINGH SIDHU                              MEMBER

Argued By:   Sh. P.K. Kukreja, Advocate for the Complainant.

                                Sh. Jatinder Singh, Govt. Pleader for Opposite Party.

PER JASWINDER SINGH SIDHU, MEMBER

1]             Complainant has filed the present complaint against the Opposite Party on the ground that the Complainant purchased a House No. 3375, Sector 46-C, Chandigarh from its allottee by paying the agreed consideration amount vide agreement to sell dated 18.10.2002. Copy of the said agreement to sell dated 18.10.2002 is appended as Annexure C-1. The previous owner delivered the possession of the house in question to the Complainant, and as such the Complainant is in possession of the said house since then. The seller (allottee) of the said house in question has also executed a special power of attorney dated 9.7.1986 registered G.P.A. No. 1108 dated 13.3.2000 in favour of the Complainant and had agreed to not to revoke the same. The copy of the same is appended as Annexure C-2. An affidavit dated 18.10.2001 assuring the non-revocability of the G.P.A. dated 13.3.2002 is also appended as Annexure C-3.

                Complainant claims that the Seller (original allottee) of the dwelling had failed to execute the documents required for the transfer of the said property.  At the same time the Seller has also started claiming that the G.P.A. has been cancelled. The Complainant has filed a Civil Suit No. 282 dated 14.10.2005 for specific performance of the agreement to sell dated 18.10.2002. A documentary proof of the same is appended as Annexure C-4. The Suit mentioned above is pending adjudication since then.

                The Complainant who had applied for a fresh electricity connection at H.No. 3375, Sector 46-D, Chandigarh received a communication dated 29.6.2010 from the side of the Opposite Party directing the Complainant to submit application for installation of the connection.

                The Complainant claims that after having completed the entire process required for a fresh electricity connection by submitting the A&A form and other necessary documents. The Opposite Party has failed to install the electricity connection. The Complainant claims that he has repeatedly visited the office of the Opposite Party requesting the same again and again. Hence aggrieved of the attitude of the Opposite Party has filed the present complaint against them seeking following directions:- 

[a] to install the electricity connection at H.No. 3375, Sector 46-D, Chandigarh.

[b] to pay compensation of Rs.50,000/- on account of harassment and mental agony.

[c] to pay Rs.15,000/- as costs of litigation.

2]             Opposite Party has filed its reply/version contesting the claim of the Complainant and has taken preliminary objections to the effect that the present complaint deserves to be dismissed as the premises in question i.e. H.No. 3375, Sector 46-C, Chandigarh already has two electricity connections bearing A/c No.4605/337501 and 4605/3375402 existing in the name of Subhash Chander. The Opposite Party claims that their office has never refused the electricity connection to the Complainant, but the Complainant himself has failed to provide the essential documents required for obtaining the electricity connection. The relevant instructions issued by Gazette of India in this regard are annexed as Annexure OP-1.

                The Opposite Party has also disclosed that the electricity connection bearing No. 4605/337500 in the name of Subhash Chander was disconnected on 27.5.2003 vide PDCO No. 52/690 dated 19.5.2003 due to defaulting amount. A copy of the PDCO NO. 52/690 is annexed as Annexure OP-2. The Opposite Party further states that as the amount was subsequently recovered by transferring the same to the other account in the same premises which was ultimately paid on 26.7.2004. 

                On merits, the Opposite Party has also contested the claim of the Complainant by giving a para-wise reply to all the averments of the present complaint.  The Opposite Party claims in para 1 and 2 do not need any reply as they do not belong to the answering Opposite Party. Whereas while contesting the claim of para 3 of the present complaint state that the Complainant while submitting the A&A form for release of the electricity connection has failed to provide any document to show the possession of the premises and having failed to fulfill the formalities as mentioned in Gazette of India vide its clause 3.5.3. Hence the fresh connection could not be issued in the name of the Complainant. While submitting reply to para 4 the Opposite Party has reproduced the clause 3.5.3 and has also stated the contents of the para as submitted by the Complainant.

                While denying the contents of para 5 Opposite Party claims that the Complainant was made aware of the reasons of non-installation of electricity meter, when he visited the office of the Opposite Party.  In reply to para 6 the Opposite Party claims that the Complainant himself failed to provide the registered sale deed which was a necessary document for the Opposite Party to proceed any further in the present matter. While making these submissions the Opposite Party claims that they are ready to install the electricity meter at ground floor of H.No. 3375, Sector 46-C, Chandigarh, as and when the requisite documents are submitted by the Complainant.  

                The Opposite Party claiming no deficiency in service on their part pray for the dismissal of the present complaint and at the same time refute the claim of the Complainant of his entitlement of relief of compensation. 

3]             Parties led their respective evidences.

4]             Having gone through the entire complaint, version of the Opposite Party, the evidence of the parties and with the able assistance of the ld. Counsel for the Complainant and Ld. Govt. Pleader for the Opposite Party, we have come to the following conclusions.

5]             In the opening lines of the present Complaint it is noticed that the Complainant has mentioned the address of the property in question as “House No. 3375, Sector 46-D, Chandigarh”; whereas the documents annexed as Annexure C-1, C-2, C-3, C-4 all point to the fact that the property in question is “House No. 3375, Sector 46-C, Chandigarh” and not Sector 46-D. Even the documents submitted by the Complainant with the Opposite Party for the release of connection also bear the address of the property as House No. 3375, Sector 46-C, Chandigarh. The same is annexure   C-6 (Pg.39-42). We feel that this is a mere typographical error and the same is ignored in the light of the copies of the document as annexed above. 

6]             The present complaint has been filed by the Complainant for release of electricity connection at House No. 3375, Sector 46-C, Chandigarh which has been purchased by him through an agreement dated 8.3.2008 (Annexure C-1). The Complainant also claims to be in the absolute possession of the entire building along with his tenants. The Complainant has also mentioned that he has cleared all the dues outstanding against the previous electricity meter removed by the Opposite Party and the same is clear from Memo No. 3455, dated 29.6.2010 (Annexure C-5) of the Opposite Party. The same document also invites the Complainant to submit a duly filled in A&A Form along with requisite documents and security deposit, so that the electricity meter may be installed at the premises. In the light of this document, the fact with regard to the intention of the Opposite Party to release the electricity connection is established.

7]             As the Complainant was asked to complete the required formalities and the Complainant has failed to make it clear as to what all documents he had submitted along with the A&A Form while applying for the connection as well as the security amount to be deposited as per the requirements of the Opposite Party. We have also visited the copy of Gazette of India: Extraordinary (Page 134) annexed as Annexure OP-1, wherein under clause 3.5.3 as pointed out by the Opposite Party in its version, the clause reads as under:-

3.5.3 The consumer shall furnish, along with the application form, attested true copy of following documents. The licensee may ask for the following original documents, from the consumer, if required, for verification. 

(a) Proof of ownership of the premises, such as registered sale deed or partition deed or succession or heir certificate or will of the owner;

OR

Proof of occupancy such as power of attorney or latest rent receipt or lease deed or rent agreement or copy of allotment order issued by the owner of the property. In case of supply to agriculture/irrigation pump set, the copy of Land Revenue receipt giving the Revenue Plot No. of the field for which the supply is required.”

The above clause is very much clear about the fact that a “power of attorney” is a bonafide proof of occupancy in the alternate when the other documents of proof of ownership of premises such as registered sale deed, partition deed or succession or heir certificate or will of the owner, are not available. Hence, as per the submissions of the Complainant the G.P.A. dated 13.3.2000 is a sufficient document which satisfies the provision of 3.5.3(a), referred to above, required for the release of the electricity connection.   Hence, the demand of the Opposite Party with regard to the occupancy of the said premises stands satisfied in the light of this document.   

8]             The Complainant though has annexed the A&A Form (Annexure C-6), but it does not contain any detail of the amount of security deposit that he may have deposited while submitting this A&A Form. It is also observed that the letter (Annex.C-5) of the Opposite Party stating in clear terms that the Complainant should fulfill the requirements along with security deposit proves that there is no refusal from the side of the Opposite Party in the present matter. 

9]             Hence, in the light of above observations we  allow the present complaint and direct the Opposite Party to release the electricity connection on receipt of requisite security deposits,   attested true copy of the General Power of Attorney (Annexure C-2) along with other required formalities. The opposite party is also burdened with Rs 7000-/ as cost of litigation.

10]           This order of ours shall be complied with in a period of30 days of its receipt. Failing which opposite party shall pay Rs 25000-/ as compensation. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

24^th February, 2012.                                                                                     

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

(MADHU MUTNEJA)

MEMBER

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER