BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.346 of 2014

Date of Instt. 07.10.2014

Date of Decision :19.02.2015

Sunita Rani aged about 29 years wife of Sukhdev Lal, R/o Manderan, Block Adampur, Tehsil & District Jalandhar.

..........Complainant

Versus

1. Asstt.Executive Engineer, Punjab State Power Corporation Ltd, Adampur, District Jalandhar.

2. Chairman-cum-Manager Director, Punjab State Power Corporation Ltd, The Mall, Patiala.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Complainant in person.

Sh.Balwinder Singh Adv., counsel for opposite parties.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 against the opposite parties on the averments that the complainant is permanent resident of house situated in the abadi of village Manderan, Block Adampur, District Jalandhar which is an old house and ancestral property of complainant's husband for the last 40 years. This house is neither situated near the link road nor falls under any scheme of the government. The complainant applied for grant of electricity connection to opposite party No.1 for her above mentioned house. The opposite party No.1 demanded Rs.1420/- as security from complainant for the grant of domestic electricity connection at above said place. On 24.7.2014 the complainant deposited with opposite party No.1 Rs.1420/- as security for getting domestic electricity connection. The opposite party No.1 received this amount vide receipt No.555, Book No.E 1319 dated 24.7.2014. After 20 days from the deposit of security amount, the opposite party No.1 alongwith their some employees came to check the site. They made measurement of the distance of complainant's house from Link Road. After measurement the distance from link road to complainant's house, the opposite party No.1 told the complainant that the house of the complainant is beyond the limit of link road, so, there is no hindrance for the grant of electricity connection to complainant. After 7 days from the measurement of above said distance, the opposite party No.1 installed the meter and started the electricity to the house of the complainant. After one and half months from the installation of electricity meter, suddenly, the opposite party No.1 alongwith its employee came at the house of the complainant. At first they disconnected the electricity connection and then removed the meter which they carried away with them. When the complainant asked the reason for sudden and surprise disconnection of electricity and removal of meter, the opposite party No.1 told the complainant that her house falls within the limits of link road. The house of the complainant is situated at a distance of 120 feet from the link road and does not fall under the limit of link road. The house is situated in a narrow street in the mid of other houses. Before approaching the house of complainant, there comes more than ten houses in the way. The electricity connection is provided and running to all these house. The house of the complainant is situated in the mid area of abadi/other houses. The other houses are nearer to link road than complainant's house. But the electricity connection only complainant's house has been disconnected. It is also pertinent to mention here that many shops are built just on the edge of the link road at said village in which meter is installed and electricity connection is running but no disconnection and removal of meter has been made to them. On such like averments, the complainant has prayed for directing the opposite parties to reinstall the meter and electricity connection. She has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties appeared and filed a written reply pleading that the complainant's premises, where the electricity connection was installed, falls within the limits of 30 meter from the main road, if any consumer wants the connection within 30 meter from the main road, has to take written permission/NOC from PUDA as per section 2(3.3) (iii) and section 2(3.3) (v) of Electricity Supply Instructions Manual. The complainant has submitted the application to the office of opposite parties for new connection, the said application was sent to Suvidha Centre of the Corporation and the said Suvidha Centre has issued the S.C.O, and the same was sent to the office of opposite parties and the said connection was installed by the staff/officials of the PSPCL, on the basis of representation and application/agreement form alongwith self declaration of complainant in good faith. It is clearly written in the application-cum-self declaration that if any premises fall within the limit of 30 meter from the main road, the consumer has to attach NOC from competent authorities/PUDA. But later on it transpired that the said premises falls within 30 meter from the main road, but the complainant has not submitted the NOC from PUDA. On this ground the connection of the complainant was disconnected and issued the memo bearing No.1193 dated 1.10.2014 by the officials of the corporation, where reason of disconnection of the said connection has mentioned clearly. The complainant deserve dismissal on this score that complainant has submitted false undertaking while applying the connection in question. They denied the other material averments of the complainant.

3. In support of her complaint, complainant has tendered affidavits Ex.CA and Ex.CB alongwith copies of documents Ex.C1 to C4 and closed evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OA alongwith copies of documents Ex.O1 to Ex.O3 and closed the evidence.

5. We have carefully gone through the record and also heard the complainant in person and learned counsel for the opposite parties.

6. The dispute between the parties is regarding disconnection of electricity connection of the complainant. According to the opposite parties, after installation of the electricity connection believing the representation of the complainant in her application to be correct, it transpired subsequently that the house of the complainant falls within 30 meters from the main road but the complainant has not submitted the NOC from PUDA and due to this reason the connection of the complainant has been disconnected. According to the opposite parties, no connection can be installed within 30 meters of any schedule road without obtaining NOC from the PUDA. The complainant contended that her house is situated in abadi and many other adjoining houses have been given connection and her house is more than 30 meters away from the schedule road. She further contended that the electricity connection has been disconnected illegally. We have carefully considered the contentions advanced by both the parties. Ex.O1 is electricity supply instructions manual. Regulation 3.3 (iii) lays down as under:-

"(iii) Release of connection in Municipal Committee Corporation/Urban Areas:-

NOC shall not be required to be submitted by an applicant for release of connection from the Municipal Corporation/Committee/ notified area committee etc in the urban areas. However the applicants applying for connections (except AP) on the sides of scheduled roads (National/State Highways) shall be required to submit NOC from the local authorities/PUDA as applicable as per provisions contained in 3.3(v) below)".

7. Further regulation 3.3(v) lays down as under:-

"(v) connections alongwith scheduled roads(National/ State Highways):-

All categories of applicants (except AP) applying for release of connection on the sides of the scheduled roads shall submit NOC from local authority/PUDA as applicable. The guidelines for release of connection on the sides of scheduled roads are given below:-

(a) No application for release of connection (except AP) shall be registered within a distance not exceeding 100 meters on either side of the road reservation of a bye-pass or a distance not exceeding 30 meters on either side of the road reservation of any scheduled road which fall outside the jurisdiction of Municipal Corporation, Class-1 Municipalities. Notified Area Committees without obtaining NOC from the competent authority(PUDA)".

8. So from the above regulations, it is evident that no connection can be installed in the premises situated within 30 meters of the schedule road without obtaining NOC from PUDA. Ex.O2 is application form given by the complainant at the time of obtaining the connection wherein it is mentioned that the premises are situated more than 30 meters from the schedule road or NOC from competent authority is attached. No NOC from competent authority i.e PUDA was attached with the application. According to the opposite parties, the house of the complainant is situated within 30 meters from the schedule road. The distance is to be measured from the outside boundary limit of the schedule road from where the private land start. Ex.O3 is memo/letter issued by the Power Corporation to the complainant wherein it is mentioned that her house is situated within the limit of Municipal Committee/PUDA and as such she should produce NOC. It is in the affidavit Ex.OA of Ashok Kumar, Additional Superintendent Engineer of the opposite parties that later on it transpired that the said premises i.e house of the complainant falls within 30 meter from the main road, but the complainant has not submitted the NOC from PUDA and on this ground the electricity connection of the complainant was disconnected. Site plan regarding the house of the complainant is on record which is signed by Dayal Kumar, JE, wherein it is mentioned that he alongwith Umesh Kumar AAE went to the spot and after measurement it is found that the house of the complainant falls within 30 meters from the private land and as per electricity supply instructions manual, the connection can not be given and for getting connection NOC from PUDA is required. So in the above circumstance, without NOC from PUDA, the complainant was not entitled to the electricity connection and as such the opposite parties have rightly disconnected the same.

9. In view of above discussion, we hold that there is no merit in the present complaint and same is hereby dismissed. However, it is ordered that in case the complainant obtains NOC from PUDA, she may approach the opposite parties for restoration of her connection. In the circumstance of the case, there shall be no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Jyotsna Thatai Jaspal Singh Bhatia

19.02.2015 Member President