District Consumer Disputes Redressal Forum,

Tarn Taran.

Consumer Complaint No: 63 of 2014

Date of Institution: 08.09.2014

Date of Decision: 12.02.2015

Lakhwinder Singh son of Fauja Singh, resident of Village Hansanwala, P.O: Pindian, Tehsil: Khadoor Sahib,
District Tarn Taran.

                                                                   …Complainant

Versus

1. The S.D.O. PSPCL, Sub Division, Khaoor Sahib.
2. The XEN, Rural Division, PSPCL, Tarn Taran.
3. The Chairman, PSPCL, Patiala.

…Opposite Parties

Complaint Under Section 12 and 13 the Consumer Protection Act.

For the Complainant                         : Sh.B.S.Gill, Advocate

For the Opposite Parties                  : Sh. S.P.Singh Lahri, Advocate

Quorum:               Sh. S.K. Goel, President.

Sh. R.D. Sharma, Member.

Order dictated by Sh. S.K.Goel, President

1. Sh.Lakhwinder Singh, complainant has filed the present complaint under Section 11 and 12 of the Consumer Protection Act, 1986 (for short ‘the Act’) against The S.D.O. PSPCL, Sub Division, Khaoor Sahib and others (herein-after referred to as ‘Opposite Parties’)-Opposite Parties No.1 to 3
2. Brief facts of the complaint are that  a verbal agreement to sell was made by the complainant for purchase of a residential plot bearing No.R1116, Phase 2, measuring 200 square yard in Industrial Focal Point, Goindwal Sahib, Tehsil: Khadoor Sahib, District Tarn Taran in the last week of December, 2012 from Smt.Sukhbir Kaur wife of Mangal Singh. That prior to the purchase of the said plot by the complainant, the vendor of this plot purchased the same from Lakha Singh son of Jagtar Singh on 21.11.2012,
3. It is further pleaded that there was no electric connection installed in the above said house at the time of agreement to sell and as on date of sale deed by the complainant. It is further pleaded that the complainant deposited Rs. 4380/- vide receipt No. 409, Book No.E6092 dated 16.1.2013 in the office of PSPCL for the installation of electric meter and connection, but no connection or meter is installed in the said premises inspite of many requests made by the complainant.  It is alleged that the complainant was informed verbally by the Opposite Parties that bill amounting to Rs.65,000/- is recoverable from the husband of the vendor Sh.Mangal Singh son of Gurdial Singh resident of village: Khakh of meter No.GC22-1850 which was installed at village: Khakh. It is further alleged that neither the complainant who purchased the said property in the month of January, 2013 nor the vendor is responsible for the payment of unlawful, illegal and false bill of some other person of village Khakh having no concern with this property. It is further pleaded that an amount of Rs.4380/- has been paid vide receipt No.409 dated 16.1.2013 to opposite party No.1. As no connection was issued by the Opposite Parties, therefore, the complainant issued legal notice on 11.7.2014 to Opposite Parties  No.1 and 2  and therefore, the complainant has filed the present complaint seeking the following reliefs:-          
   1. That the Opposite Parties be directed to install the electric meter and connection on priority basis
   2. To pay Rs.20,000/- as compensation for  agony and harassment,
   3. Rs.10,000/- per month on account of loss on investment of lakhs.
   4.  That the Opposite Parties  may kindly be directed to pay Rs.10,000/- as litigation expenses to the complainant.
   5. And any other relief may also be granted to the complainant as this Forum may deem fit.
4. Upon notice, the Opposite Parties   appeared and filed written version taking preliminary objections on the ground of maintainability, not coming to the Forum with clean hands, complainant is not a consumer and complaint is not properly verified as per CPC. On merits, It is pleaded an amount of Rs.65,000/- is recoverable of the electric connection of the house in question. The Opposite Parties have every right to recover the same from the complainant and vendor.  Opposite Parties have denied the plea that there was no connection in the house in question and the complainant is living in the house without electricity for long period of 1½ years and they denied the other allegations of the complainant and have finally prayed for the dismissal of the complaint with costs.
5. In order to prove his case, the complainant has tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C8 alongwith documents as mark A to D and closed the evidence.
6. To rebut the case of the complainant, the Opposite Parties  tendered into evidence affidavit of Sh.Harjinder Singh Kohli, SDO Ex.OPs/1, certified copy of order dated 9.1.2014 Ex.OPs/2 and and closed their  evidence.  
7. We have heard the ld.counsel for the parties and have also gone through the record.
8. The case of the complainant is that previously Smt.Sukhbir Kaur wife of Mangal Singh purchased the residential plot bearing No.R1116, Phase 2, measuring 200 square yard in Industrial Focal Point, Goindwal Sahib, Tehsil: Khadoor Sahib, District Tarn Taran i.e. property in question on 9.10.2012 and thereafter, the said property was purchased by the complainant in January, 2013. After purchasing the same, he deposited a sum of Rs. 4380/- vide receipt No. 409, Book No.E6092 dated 16.1.2013 with Opposite Parties  for the installation of electric meter and connection. However, till today, the Opposite Parties  did not issue or install any meter/ connection in the said property. It is further submitted that from enquiry, it is revealed that a sum of Rs.50000/- was due from Mangal Singh of village: Khakh against meter No. GC22-1850  and in the garb of this recovery, the Opposite Parties  are not issuing the electric connection. It is further submitted that the complainant has no concern with the outstanding amount of the above said meter and moreover, the previous recovery is not pertaining to the present property. On the other, the case of the Opposite Parties  is that the complainant is not a consumer and moreover, the amount of Rs.65000/- is recoverable of the electric connection of the property in question.
9. Now the first question is to determine, whether the complainant is a consumer. Letter Ex.C8 dated 30.1.2013 issued by Punjab Small Industries Export Corporation Limited shows that the property in question was transferred in the name of complainant. The receipt Ex.C6 shows that the complainant deposited Rs.4380/- with the Opposite Parties for the issuance of the electric connection. The property in question is situated at village: Goindwal Sahib, District Tarn Taran. On the other hand, Opposite Parties have not placed on record any document to show that property in question  is not situated in the area of District Tarn Taran. Keeping in view that the complainant is the owner of the property in question and said property is situated in the area of District Tarn Taran and moreover, he has deposited the connection fee with the Opposite Parties, therefore, it is sufficient to hold that the complainant is a ‘consumer’ of the Opposite Parties.
10. Facing this situation,  Ld. counsel for the Opposite Parties contended the Opposite Parties have to recover the amount of Rs.65000/- as arrears of the electric connection already existing in the property in question. On the other hand, ld.counsel for the complainant has contended that there is no electric connection or meter existing in the property in question. Moreover, no notice has been issued by the Opposite Parties  to recover the previous charges alleged to be issued against the property in question. It is also contended that the property in question is different from that of as alleged by the Opposite Parties. To substantiate their plea, the Opposite Parties have not placed on record any bill indicating the arrears of alleged amount of Rs.65000/-. Even no document/ notice was placed on record to show that the Opposite Parties  have to recover the said amount against the electric connection existing in the property in question. The Opposite Parties  could produce the record  of electric connection/ meter and amount of arrears if any, mentioning the meter/ connection number of the property in question. But no effort has been made by the Opposite Parties  to prove their plea. Mere mentioning of Rs.65000/- as recoverable from the property in question in the written version, by stretch of any imagination, can not be accepted.
11. In 2011(2) Civil Court Cases in case Abhisar Developers Vs. Torrent Power Ltd. it was a case of transfer of premises and arrears of electricity of previous owner/ occupier. It was held that electricity arrears do not constitute a charge over the property and transferee or premises or a subsequent occupant can not be made liable for the dues of his predecessor in title or possession. Similar view is also held in Jaisukal N.Bhutta & Orts. Vs. M.S.E.B.& Ors in 2006(4) RCR (Civil page 199 Bombay High Court (DB) wherein it was observed that purchaser can not be made liable to pay arrears and it was further observed that purchaser is entitled for new electricity connection. In Sri Chandu Khamaru Vs. Smt.Nayan Malik & Ors.  2011(4) Civil Court Cases 006 (SC) in para No.10 and 11 it was observed that owner or occupier of a premises has a statutory right for an electric connection.
12. As a result of above discussion, there is merit in the present complaint and the same is accepted. The Opposite Parties are directed to issue the electric connection as per the law/ rules. If there is any recoverable amount, then the Opposite Parties are at liberty to recover the disputed amount from the defaulter or any other persons after giving prior notice as per law/ rules. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs.  Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.     

Announced in open Forum                                     (S.K.Goel)          

Dated:12.02.2015.                                                   President

                                                                           (R.D.Sharma)  

    Member