BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.278 of 2014

Date of Instt. 14.8.2014

Date of Decision :20.03.2015

Asha Rani aged about 74 years wife of Satpal R/o H.No.ED58, Dhan Mohalla, Khingra Gate, Jalandhar.

..........Complainant

Versus

1. The Punjab State Power Corporation Ltd, Pathankot Bye Pass, Reru Chowk, Jalandhar through SDO.

2. The Punjab State Power Corporation Ltd, The Mall, Patiala, through its Chairman.

.........Opposite parties

Complaint under section 1 2 of the Consumer Protection Act, 1986.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Mukhtiar Mohd Adv., counsel for complainant.

Sh.SKS Chabra 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, against the opposite party on the averments that the complainant applied for the installation of electric connection for her house bearing No.E.D.58, Dhan Mohalla, Khingra Gate, Jalandhar vide receipt No.154 dated 16.6.2014 and had completed all the formalities. The complainant is co-owner of the said house and is in the lawful occupation of the portion of the said house in which the electric connection is to be installed. Electric connection is not being installed by the opposite parties for the reason best known to them and the complainant is in the dire need of basic necessity or electricity as school going children are living and their study is being effected and in this hot summer season, the electricity is required to the complainant who is in old age too. On such like averments, the complainant has prayed for directing the opposite parties to release electric connection in her premises. She has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties appeared and filed a written reply pleading that the complainant has not approached the Forum with clean hands and concealed the material facts from the Forum. It is pertinent to mention that complainant has tried to mislead this Forum, but also the PSPCL authorities/opposite parties. The complainant intentionally and deliberately concealed the facts from the PSPCL authorities regarding the civil litigation pending between the complainant and her husband with one Mangat Ram qua the property in dispute and the court of Sh.Manav, Civil Judge(JD), Jalandhar, has granted status quo order, regarding the same. It is worthwhile to mention that this fact came into the knowledge of the answering opposite parties, when the officials of the opposite parties visited the spot/property in question and Mangat Ram handed over the copy of the aforesaid order. As the dispute regarding the property in question is pending the civil court, as such, as per the provisions of laws of land the meter can not be installed in the disputed property. They denied other material averments of the complainant.

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

4. On the other hand, learned counsel for the opposite parties has tendered into evidence affidavit Ex.OP1 and closed evidence.

5. We have carefully gone through the record and heard learned counsels for the parties and further gone through the written arguments submitted on behalf of complainant.

6. The facts involved in the present case are not much disputed. Complainant has applied for electric connection in the portion of the house in which she is alleged to be residing as co-owner. The opposite parties have refused to install the electric connection applied for by the complainant on the ground that a civil suit between the complainant and her husband with one Mangat Ram qua the property in question is pending and the civil court has passed order of status-quo regarding the same. So the opposite parties have refused to install the electricity connection in the portion in possession of the complainant in view of above civil suit. Counsel for the opposite parties produced copy of order of status-quo passed by the civil court which has been placed on record. The civil court has ordered the parties to maintain status-quo qua the possession and construction over the suit property. It has not restrained the power corporation from installing any electricity connection nor power corporation is party in that suit. The civil court has also not restrained the present complainant who is defendant in that suit from getting electricity connection in the portion of the house in her possession. From the perusal of copy of order produced by learned counsel for the opposite parties, it is evident that one Mangat Ram has filed a civil suit for permanent injunction restraining the defendants from raising any construction/changing the nature of the property in dispute bearing H.No.ED-58 situated at Dhan Mohalla, Jalandhar and further restraining the defendants from interfering into peaceful possession of the plaintiff over the area shown as RED in the site plan. The very nature of the suit implies that the defendants in that suit are also in possession of the house in question and that is why the plaintiff in that suit has prayed for permanent injunction restraining them from changing the nature of the property or raising any construction. The present complainant is defendant in that suit. A person in possession of portion of the house can not be deprived from using the same. Order of status-quo is only regarding possession and construction over the suit property. In our opinion it does not debar the opposite parties from giving electricity connection to the complainant. The electricity is a necessity and in these days one can not imagine to live without electricity.

7. In view of above discussion, the present complaint is accepted and opposite parties are directed to release the electricity connection applied for by the complainant in the portion of the house in her possession. The installation of electricity connection in the portion in possession of the present complainant shall be subject to the result of the civil suit. The opposite parties are directed to comply with the above said order within one month from the date of receipt of copy of this order subject to the complainant fulfilling the formalities of opposite parties, if any. In the circumstances of the case, there shall be no order as to cost or compensation. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

20.03.2015 Member Member President