Punjab

Fatehgarh Sahib

RBT/CC/864/2018

Avtar Singh - Complainant(s)

Versus

The Punjab State Power Corporation Ltd. - Opp.Party(s)

In person

20 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                             

RBT No.	:	CC/864 of 2018
Consumer  Complaint No.	:	RBT/CC/864/2018
Date of Institution	:	23.08.2018
Date of Decision	:	20.04.2023

 

 

Avtar Singh  son of Late Bhakhtawar Singh, House no.2279, Phase X, S.A.S Nagar (Mohali), District Mohali. .

                                                                                                                     …………....Complainants

                                                Versus

1.  Punjab State Power Corporation Limited, PSEB Head office Bluilding, Mall Road, Patiala.
2. Mr. Ravinder Singh Saini, Deputy Chief Engineer, Punjab State Power Corporation Limited, Mohali, (Operation Circle) , near 220 KV Sub Station, Industrial Area Phase VII,  Mohali.
3. Mr. H.S.Oberoi, Asstt. Suptd. Engineer, PSPCL, Plot no.A-2, Industrial Area, Phase 1,Mohali
4. Mr. Gursewak Singh, SDO, PSPCL, Plot no.A-2, Industrial Areea, Phase 1, Mohali.

                                                                              ..………....... Opposite Parties

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present:  None for the complainant.

     Sh. Pankaj Sharma, counsel for OPs.

 

 The  complaint has been filed against the OPs (opposite parties),  Under Section 12 of Consumer Protection Act-1986 (old) alleging deficiency in service with the prayer for giving direction to the OPs to  set the matter in right perspective by shifting at least 2 power meters to an adjoining Pole situated in front of house no.2277 phase 10, to pay Rs.2,00,000/-  as compensation for mental agony / harassment and  to pay cost of litigation.

1.  The brief facts of the complaint is that the complainant requested OP no.4  to shift at least two power meters  installed on the Pole situated in front of his house no.2279, Phase X, Mohali to adjoining  Pole.  At that time, only one meter was fixed on the Pole in front of House no.2277.  As his two sons decided to live separately on their two floors and complainant wanted  a separate meter for his first  floor , but there was no space for 7^th meter on the Pole.  Apart from this wire of one meter ( out of six) touches an iron pillar erected by the complainant in his front  courtyard. The owner of another house 2282/10 has got installed mobile tower on his top floor. A wire of just a couple of feet would have  been sufficient to feed this tower from the Pole situated in front of house no.2277, but OP no.4  arbitrarily installed it on the Pole situated in front of house no.2279 of the complainant. But instead of providing service by shifting these two power meters OP4 visited the locality and  instigated the locals to protest against complainant’s requests of shifting these two meters.  Hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post, OPs appeared through their Counsel  and filed  written version.
3.        The complaint has been contested by the OPs, filed written version ,raised preliminary objections. The complainant had approached the OPs for shifting of meter box installed out side the common wall of house no.2279 and 2280 (phase 10) and in front of house no.2280. The OPs  got inspected the spot for seeking actual and factual position of the spot which the OPs  had already submitted to assistant registrar / Commissioner Punjab/ Right to service Commission vide their letter dated 19.3.2018. A copy for same was  also provided to the complainant. The Ops have installed electricity meter boxes on the public Pole out side house no.2280 Phase 10 Mohali and the complainant has no locus standi to file the  present complaint  against the OPs. The OPs considered the request of the complainant and found no merit in it . The Ops have to act and conduct as per the rules and regulations and the electric meter boxes can  not be shifted on asking of the complainant without any substance .The residents of the area did not allow officials of OPs for shifting of meter as claimed by the complainant. The Pole and the box are installed out side the houses in the public street and prayer for dismissal of complaint with cost has been made.
4. The complainants in support of his complaint tendered in evidence his affidavit   Ex.CW1/A and copies of  documents i.e  Letter from OPs to Assistant Registrar/Commissioner Punjab Right to service dated 19.3.2018 Ex.C1, Letter from Assistant Registrar/Commissioner Punjab Right to service dated 16.4.2018 Ex.C2, Letter from department of Power Govt. of Punjab to CMD PSPCL dated 5.4.2018 Ex.C3. In rebuttal the OPs filed reply  in shape of affidavit Ex.OP1/1 and copies of documents i.e Photo graph of house no.2279 of the complainant  along with  electricity Pole Ex.OP1, Photo graph of house no.2280 along with  electricity Pole Ex.OP2, Photo graph of house no.2279 Ex.OP3, Representation from residents of the area around house of the complainant address to OPs Ex.OP4,  RTI information supplied by Ops  to the complainant Ex.OP5,  and closed their evidence.
5.                  Heard. Entire record has been Perused.
6.                Admittedly,  the complainant vide his  letter dated 7.4.2017 placed on record along with affidavit with his complaint vide which he  had requested OPs to shift at least two power meters installed on Pole in front of his house no.2279 to another Pole. This is the  crux of his complaint. The OPs have proved in evidence Photo Graph of the house of complainant no.2279 vide Ex.OP1,which shows that the Pole on which meters are installed is erected in front of house no.2280 and not in front of house no.2279 ( house of complainant).  Again the OPs have proved that the electricity Pole on which meters are installed is erected in front of house no.2280 and not in front of house of the complainant i.e house no.2279 Vide Ex.OP2.  The electricity Pole is erected out side the houses on public land. The complainant has not furnished any evidence proving that he paid for the said work i.e for erection of meter on Poles by electricity Department . Therefore, the complainant can not be treated as consumer in  this specific matter of installation of meters on Poles by Electricity Department . Understandably , the electricity Department  being a technical Department carries out its works of installation of meters on Poles as per technical requirements.  Needless to say ,  it may not be possible to support  any individual to dictate the electricity department in carrying out their technical work as per  an individual’s wish.
7.   In view of the above  discussion and inference, the present  complaint  is hereby  dismissed  with no order  as to cost. Copy of this order be sent to the complainant and the OPs as per rules. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. File be returned back to District Consumer Commission , Mohali, for proper consignment.

Pronounced 20 April 2023

                                             

                                                                      (S. K. Aggarwal)

                                                                              President

                                                                    

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             (Sh. Manjit Singh Bhinder )

                                                                                           Member