Punjab

Gurdaspur

CC/188/2014

Jarnail singh - Complainant(s)

Versus

The Chairman/Head of Department P.S.P.C.Ltd - Opp.Party(s)

Ashok Sharma

06 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURDASPUR
DISTRICT COURTS, JAIL ROAD, GURDASPUR
PHONE NO. 01874-245345
 
Complaint Case No. CC/188/2014
 
1. Jarnail singh
S/o Pritam Singh r/o vill. Gandhian The and distt.
Gurdaspur
Punjab
...........Complainant(s)
Versus
1. The Chairman/Head of Department P.S.P.C.Ltd
The Mall Patiala
Patiala
Punjab
............Opp.Party(s)
 
BEFORE: 
  Naveen Puri PRESIDENT
  G.B.S.Bhullar MEMBER
 
For the Complainant:Ashok Sharma, Advocate
For the Opp. Party: Sh.Opinder Rana, Adv., Advocate
ORDER

Complainant Jarnail Singh through the present complaint filed U/s 12 of the Consumer Protection Act, 1986 (hereinafter called the Act) has prayed for issuance of the necessary directions to the titled opposite parties to release him the domestic electric connection under the 24 hours supply scheme besides to  pay Rs.10,000/- as compensation for causing mental harassment and torture and Rs.5,000/- as litigation expenses in the interest of justice.   

2.       The case of the complainant in brief is that he had applied for an electric connection at his house under the 24 hours supply scheme vide Rapt No.5195P dated 21.9.2011. However, instead of releasing the applied for power connection the opposite parties issued him a consumption bill dated 7.4.2014 for Rs.4380/- showing the consumption of 78 units in his name with the electric Meter No.243466 and sanctioned load of 0.74 K.W.; and that showed that the power connection sanctioned to him was being allowed to be used by some other consumer in connivance with the officials of the opposite parties. The complainant contacted the opposite parties who could not put forth any cogent reason for the above lapse nor did they release the applied for connection to him and thus the complainant preferred the present complaint with the desired relief as prayed herein above.

3.       Upon notice, the opposite parties appeared and filed their joint written reply through the counsel stating therein that the consumption bill dated 7.4.2014 was inadvertently issued to the complainant and the same has been duly withdrawn. Further, it is stated that the applied for power connection could not be released to the complainant because he did not deposit the cost of the additional cable (over & above the permissible 100 meters length) that was desired for releasing the said connection. Thus, the release of the connection                           was held on account of the complainant's own act of non deposit of cost of the additional cable and thus the present complaint need be dismissed with cost.

4.       Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1 and copy of bill dated 7.4.2014 Ex.C2 and closed the evidence.

5.       Opposite parties tendered into evidence affidavit of concerned S.D.O. Ex.OP-1 and copy of refund order Ex.OP-2 and closed the evidence.

6.       Both the parties have produced/filed their respective affidavits and other related documents in evidence to support their pleadings/objections on record and the learned counsels for the litigants have duly put forth their respective arguments. We have carefully considered and perused all the available material while adjudicating the present complaint.

7.       We observe that the OP service providers allegedly did not release the Power connection to the complainant for the reason that he did not deposit the amount of the additional cable (over and above the sanctioned free-length of 100 meters) but they however could not produce any evidence of any demand for the additional cable or even tell the length of the additional cable during the entire complaint’s proceedings. To top it all, the OP also drew a consumption Bill # 64637 of 06.04.2014 for Rs.4,380/- in the name of the complainant at his recorded address with complete details of A/c No./Meter No. etc., with of course no satisfactory explanation other than to plead its withdrawal. It indicates              of a serious misconduct at the sub-division level; the less said the better and moreover it is the prerogative of the OP to hold an inquiry into the present lapse – consumption Bill in the absence of release of power connection.       

8.       In the light of the all above, we partly allow the present complaint and thus ORDER the opposite parties to release (or better re-release) and install the sanctioned Power Connection to the complainant at his residence besides to pay him Rs.5,000/- as compensation (for having caused him un-necessary harassment, inconvenience and delay etc) and Rs.3,000/- as cost of litigation within 30 days of the receipt of the copy of these orders otherwise the aggregate awarded amount shall attract interest @ 9% PA from the date of the present complaint till actually paid.

9.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

                                                                              (Naveen Puri)

                                                                                    President.

 

Pronounced:                                                                   (G.B.S.Bhullar)

FEB. 6, 2015.                                                                    Member.

*YP*

                                                                               

 
 
[ Naveen Puri]
PRESIDENT
 
[ G.B.S.Bhullar]
MEMBER

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