BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.183 of 2016

Date of Instt. 25.04.2016

Date of Decision : 27.04.2016

Amit Walia son of Rajinder Sarup Walia, aged about 37 years, Prop.of M/s S.R.Enterprises, Shop No.15, Krishna Complex, Back Side Hotel New York Inn, Opp.Moti Enterprises, Nehru Garden Road, Newa Madan Flour Mill Chowk, (Ajit Chowk), Jalandhar-144001.

..........Complainant Versus

1. The Punjab State Power Corporation Ltd., previously known as Punjab State Electricity Board, through its Chairman, The Mall, Patiala.

2. The Sub Divisional Officer/OP, Commercial Unit No.II Sub Division, Punjab State Power Corporation Ltd., Reru Chowk Bye Pass, Jalandhar.

.........Opposite parties.

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.AK Walia Adv., counsel for the complainant.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint with the submission that he had taken a shop bearing No.15, Krishna Complex, Back Side Hotel New York Inn, Opp.Moti Enterprises, Nehru Garden Road, Newa Madan Flour Mill Chowk, (Ajit Chowk), Jalandhar on rent from landlord and he has been doing the business of whole sale of drugs to earn his livelihood by mean of self employment. The complainant has been in possession of said shop for the last five years. The dispute arise between the complainant and the landlord and he threatened to forcibly dispossessing the complainant from the said shop. The complainant filed civil suit and got exparte ad-interim injunction from the court of Civil Judge (Junior Division), Jalandhar restraining the landlord from forcibly dispossessing the complainant/tenant from the property in question i.e. shop except in due course of law. The said suit is pending before the Civil Judge (Junior Division), Jalandhar. The complainant further submitted that property in dispute has two electricity connection bearing account No.3001122115/J61CM341470L in the name of Kiran Sharma wife of landlord and another account No.3001122116/J61CM341471 in the name of Vipul Sharma, landlord. The complainant submitted that these two electric connections were illegally for the another shop i.e. shop NO.14 and the shop of the complainant i.e. shop No.15 is getting electric connection supplied from the aforesaid electric connection. On 14.4.2016 in order to harass the complainant, the landlord got the electric connection bearing No. 3001122115/J61CM 341470L disconnected from it. The landlord was allowing the complainant to use the electricity connection which is in the name of Kiran Sharma wife of landlord Vipul Sharma. Thereby the landlord of the complainant has disobeyed the order dated 17.3.2016 passed by the court of Civil Judge (Junior Division), Jalandhar and the complainant has filed Contempt of Court proceedings before that court. Complainant submitted that he applied for independent electric connection on 21.4.2016 to the office of OP No.2 alongwith relevant documents but OP No.2 refused to accept the application orally. The complainant then contacted XEN, East, Jalandhar of the OP on telephone who also refused to help the complainant. The complainant also served legal notice dated 21.4.2016 on the Ops as well as their head office at Patiala but in vain. Hence, the present complaint was filed by the complainant on 25.4.2016 in this Forum.

2. We have heard the learned counsel for the complainant and minutely gone through the record carefully.

3. Admittedly, the complainant has filed civil suit against landlord which is pending before the Civil Judge (Junior Division), Jalandhar i.e. suit for permanent injunction restraining the defendant/ landlord Vipul Sharma from forcibly and illegally dispossessing the plaintiff form the shop in question i.e. shop No.14, Krishna Complex, Nehru Garden Road, Jalandhar and he has got exparte interim stay order from that court dated 17.3.2016, thereby the landlord has been restrained from dispossessing the complainant/tenant illegally and forcibly except in due course of law till the next date of hearing. The complainant submitted that the said landlord has in order to harass the complainant got electric connection No. No.3001122115/J61CM3414 70L disconnected thereby stopping supply of electricity to the shop of the complainant, on 14.4.2016. The complainant has alleged that he applied for independent electric connection on 21.4.2016 to the office of OP No.2 alongwith all relevant documents but the OP No.2 refused to accept his application. The complainant also stated that he approached XEN of OP in this regard but he also refused to help the complainant in this regard. However, complainant could not produce any document regarding submission of application for new electric connection in the name of the complainant allegedly submitted to OP No.2 nor the complainant filed any application to the higher authorities nor the complainant sent application to the OP No.2 through registered post. All this shows that the complainant has not submitted any application form for new electric connection in his name before the OP No.2 nor he deposited any requisite fee with the OP. Simple statement that he went to the office of OP No.2 and they refused to accept the application form of the complainant, is not acceptable because no public office can refuse any person from filing application. The complainant has not filed any document that he approached the higher authorities or the civil administration i.e. Grievances Redressal Officer or Deputy Commissioner concerned alleging that the OP NO.2 has refused to accept the application submitted by the complainant. Nor the complainant could produce any receipt regarding deposit of fee to be filed with application form for getting new electric connection. So, the complainant has not become consumer of the OP. As such, present complaint under the Consumer Protection Act against the OP is not maintainable unless and until the complainant becomes consumer of the OP. If the OP No.2 is not accepting the application form of new electric connection submitted by the complainant, he may approach the appropriate authorities or the civil court but no complaint in this Fora, unless the complainant proves himself to be a consumer of the OP, is maintainable.

4. As regard serving of legal notice by the complainant dated 21.4.2016 that notice is not acceptable because the complainant got typed this notice dated 21.4.2016 but he could not produce any evidence as to when it was sent to the OP when the OP No.1 having office at Patiala and the present complaint has been filed by complainant on 25.4.2016 i.e. within 4 days from sending of this notice when 23 & 24.4.2016 were holidays.

5. Consequently, we hold that present complaint is not maintainable as the complainant has failed to prove on record that he has become consumer qua the Ops. Resultantly, it is ordered that the complaint be returned to the complainant being not maintainable with liberty to file the same before the appropriate authority or civil court. Copy of the order be sent to the complainant free of costs under the rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh

27.04.2016 Member Member President