BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.584 of 2019

      Date of Instt. 09.12.2019

      Date of Decision:03.03.2022

Narinder Singh Age 42 years, S/o Daljit Singh, H. No.3872, Mohalla Kaulsar, Kartarpur, Distt. Jalandhar Mob. No.8847366229.

..........Complainant

Versus

1.       S.D.O., Punjab State Power Corporation Ltd, Kartarpur, Distt.          Jalandhar. Through  S. D. O./Authorized Representative.

2.       Managing Director-cum-Chairman, Punjab State Power Corporation Limited, The Mall, Patiala. Through its Authorized          Representative/Official Employee.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                                         

Present:       Complainant in Person.

                   Sh. D. R. Seth, Adv. Counsel for the OPs No.1 & 2.

Order

Dr. Harveen Bhardwaj(President)

1.                The instant complaint has been filed by the complainant, wherein he has alleged that on 28.12.2017 the complainant requested the OP No.1 that he had deposited file in the office of OP No.1 for the grant of electricity meter which was marked to J. E. Baljit Singh, but the said J. E. ignored to take action on the said file and further requested the OP No.1 to grant meter. That previously the complainant availed commercial electricity connection vide A/c No.32/651L on his name at Main Bazar, Kartarpur which was got disconnected and paid its all dues. The complainant vide his application dated 29.12.2017 requested the OP No.1 to transfer the previous security Rs.1590/- dated 25.01.2011 in the name of his brother Arun Sagar for the grant of fresh connection at the house of the complainant, but no action taken by OP No.1 on this application. That again on 21.02.2019, the complainant requested the OP No.1 to refund or adjust the security of disconnected connection or re-issue the meter/connection at the house of the complainant. This application of complainant was received in the office of OP No.1 vide diary No.108 dated 21.02.2019. But the Op No.1 neither refunded nor adjusted nor issued new connection at the house of complainant. That again on 30.05.2019 complainant gave an application to OP No.1 requesting to refund the previous security or issue new meter/connection. The complainant vide this application brought into the notice of OP No.1 that the connection of A/c No.32/651L was disconnected and its original receipt was deposited in the office of OP No.1 for getting refund but neither security refunded nor new meter/electricity connection issued against said security. This application was marked by OP No.1 to RA for necessary action, but no action was taken. That instead of refund or adjust the above said previous security, the OP No.1 directed the complainant to reapply and deposit new security for getting the electricity connection. So, the complainant deposited new security Rs.1390/- vide receipt No.374 Book No.D93750 and reapplied for grant of electricity connection. That even on receipt of new security with fresh application for grant of electricity connection, the OP No.1 did not issue the electricity connection to complainant. That vide application dated 02.07.2019 the complainant again requested the OP No.1 to refund or adjust the previous security against disconnected connection A/c No.32/651L and further requested to grant new connection against deposit of new security and fresh application. This application was marked on 02.07.2019 by OP No.1 to RA for necessary action, but no action taken. That despite so many requests, applications and several visits made by complainant to OP No.1, the OP No.1 neither refunded nor adjusted the above said security nor granted the electricity connection against deposit of new security and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP No.1 be directed to grant electricity connection against deposit of security dated 11.06.2019 (Ex.C-6) and refund the previous deposited security Rs.1590/- alongwith its interest Rs.6052/- @ 18% per annum from 25.01.2011 to December 2019 till realization and in the alternative to refund the securities Rs.1390/- also alongwith interest Rs.127/- from 11.06.2019 to December 2019 @ 18% per annum till realization and also refund the previous security Rs.1590/- with interest detailed above and further OPs be directed to pay cost of litigation i.e. Rs.5500/- and Rs.50,000/- as compensation for causing mental tension and harassment to the complainant.   

2.                Notice of the complaint was given to the OPs, who filed joint written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable as the complainant is showing malafide on different cause of actions. Complainant is seeking a relief of the amount on 25.01.2011 and on the other hand is seeking refund of Rs.1390/- without disclosing any account number. It is further averred that the present complaint is hopelessly time barred. As the complainant is seeking refund of Rs.1590/- dated 25.01.2011. That the complainant does not have any cause of action against the respondents. That the complainant is stopped by his own act and conduct from filing the present complaint. It is further averred that the complainant is bad for mis-joinder and non-joinder of necessary parties. That this Commission does not have the jurisdiction to entertain, try and decide the present complaint as the complainant should have approached the Dispute Settlement Committee and Competent Authority of the respondents to get his dispute settled. On merits, it is admitted that on the request of the complainant, the concerned J. E. Sh. Baljit Singh visited the house of the complainant on 13.06.2019 and further submitted that connection a/c no.32/651N is running in the name of one Sh. Sushil Kumar and not in the name of the complainant and it has been disconnected, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.

4.                In order to prove their respective versions, both the parties produced on the file their respective evidence.

5.                We have heard the argument from learned counsel for both the parties and have also gone through the case file very minutely.

6.                Vide this complaint, the complainant has sought reliefs regarding the security deposited by him for two electric connections. As per his submission, he was having commercial electric connection with A/c No.32/651L on his name at Main Bazar, Kartarpur, which was got disconnected and paid all dues. He has sought the refund of the security amount of Rs.1590/- deposited on 25.01.2011 as per Ex.C-3. His contention is that he has made representations for the same number of times vide Ex.C-2, Ex.C-4 and Ex.C-5, but to no effect. In all the letters Ex.C-2, Ex.C-4 and Ex.C-5, he has specifically mentioned the fact that he was having commercial electric connection account No.32/651L on his name. The OP has referred the document ExR-4 alleging that this account 3120651N is in the name of Sushil Kumar and the complainant has wrongly stated that the connection is in his name. The OPs have wrongly referred the document Ex.R-4. This document does not relate to the account number mentioned in the complaint or letters by the complainant. The account number referred by the complainant is 32/651L, whereas Ex.R-4 bears the account no.320651N, thus the account number in Ex.R-4 and documents referred by the complainant are different. Moreover, the electric connection referred by the complainant is commercial and it was being used for commercial purposes, therefore, he is not a consumer as defined in the Consumer Protection Act. Therefore, the complaint qua this commercial connection No.32/651L is not maintainable.

7.                The complainant has alleged that he had applied for new electric connection and deposited new security of Rs.1390/- vide receipt no.374 Book No.D-93750 vide Ex.C-6. The grievance of the complainant is that despite the application, the new connection has not been given to the complainant nor security has been refunded despite his letter Ex.C-7.

8.                The contention of the OPs is that the official of the OPs visited the premises of the complainant and found that there are already three electric connections running in the premises and the complainant is using the connection of his brother having account no.AC-32/666 and the complainant is not having any separate room or kitchen, therefore no electric connection can be given. The contention of the OPs is that as per the regulations and instructions of PSPCL, there should be allotment of one connection at one premise. The OPs have not produced on record any such regulations and instructions. Even, if, it is assumed that as per regulation, there can be only one connection at one premises, then how the three connections were allowed by the OPs in one premises as per their submission and report Ex.R-3. If the three connections have already been installed in the same premises, then what is the hitch in installing fourth connection for which the application has already been moved by the complainant and the security has also been deposited, vide document Ex.C-6 on 11.06.2019. If the electric connections could not be installed, then the intimation should have been given to the complainant and the security should have been refunded, but the intimation was never given nor the security has been refunded till date without any explanation. This is clear cut deficiency in service and unfair trade practice on the part of the OPs.

9.                In the light of above detailed discussion, the complaint of the complainant is partly allowed and OP No.1 is directed to install a new electricity connection within 15 days against already deposited security on 11.06.2019 of Rs.1390/- Ex.C-6 and further OP No.1 is directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

10.               Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

03.03.2022         Member                          Member           President