DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB. 

Complaint Case No : CC/78/2021

Date of Institution : 05.03.2021

Date of Decision : 14.07.2023

Sandeep Singh Gill, aged about 39 years, son of S. Balwinder Singh resident of Bajakhana Road, Opposite Anaj Mandi (Bhaini Basti) Backside Reliance Tower, Barnala, Tehsil and District Barnala. (98156-15000).

                   …Complainant

Versus

1.The S.D.O/A.E.E, Punjab State Power Corporation Ltd., Sub Urban, Barnala, Tehsil and District Barnala.  

2.The XEN, Punjab State Power Corporation Ltd., Barnala, Tehsil and District Barnala.  

3.Punjab State Power Corporation Ltd., The Mall Patiala, through its Chairman/Managing Director.   

                …Opposite Parties

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Ramandeep Rajput counsel for complainant.

Sh. H.S. Sandhu counsel for opposite parties.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2.Smt Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

(ORDER BY URMILA KUMARI MEMBER):

    The complainant namely Sandeep Singh Gill has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Punjab State Power Corporation Limited & others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant has been keeping his residence at the joint family house of the complainant situated at Bajakhana Road, Opposite Anaj Mandi (Bhaini Basti) Backside Reliance Tower, Barnala and the said house has been constructed in 2016. It is further alleged that in the year 2018 the complainant alongwith his wife and children have shifted their residence from the ancestral house and the complainant has been occupying the above mentioned residential house and in exclusive physical possession of the above said house. It is further alleged that in October 2020 the complainant applied with the opposite parties a domestic electricity supply connection and a payment of Rs. 1,468/- was duly paid on 24.10.2020. On 28.12.2020 the above said connection was installed in the name of the complainant to the above mentioned residential house of the complainant under Account No. 003005849765 as per rules and regulations of the opposite parties after duly investigation at the spot that the above mentioned residential house is in actual physical possession of the complainant. 

3. It is further alleged that previously on 17.12.2016 a domestic supply connection was got installed to the above mentioned residential house in the name of Amandeep Kaur under Account No. 3004562121 and the said Amandeep Kaur was got married in 2019 and has been residing with her husband at K.C. Road Barnala. But when a civil dispute with regard to agriculture property has got started vide CS/834/2017, the said Amandeep Kaur got disconnected the above mentioned domestic supply connection, under Account No. 3004562121 in 19.7.2018. After disconnection the complainant had to take the supply from neighbors and from other sources. It is further alleged that after fresh connection in the name of complainant under Account No. 003005849765 the complainant had been using the electricity approximately for about two months, but before issuance of any electricity supply bill the electricity supply was got disconnected on 23.2.2021 by the opposite parties illegally against the rules and regulations. The opposite parties have disconnected the supply in connivance with the Gurdeep Kaur & Amandeep Kaur (sisters of the complainant). It is further alleged that before disconnection the opposite party No. 1 issued a letter memo No. 73 dated 11.1.2021 to the complainant and the same has been received at the residential address of the complainant and this fact clearly proves that the complainant is still occupied the above mentioned residential house. It is further alleged that said Gurdeep Kaur has married in 2008 and residing with her husband at Bathinda but the opposite parties have not mentioned the date of passing the stay order with a malafide intention. Actually the stay order has been passed on 6.1.2018 just after filing of the suit in the absence of the complainant before his summoning in CS/834/2017 instituted by the sisters of the complainant. The above mentioned residential house in which the above mentioned domestic supply connection was installed has never been in dispute in CS/834/2017 and the stay order is not with regard to the residential house. It is further alleged that the above mentioned civil suit has been filed in November 2017 and the above mentioned residential house was constructed in 2016. After disconnection of domestic electricity supply on 23.2.2021 the complainant visited the office of the opposite parties No. 1 & 2 a number of times but they refused to reconnect the domestic electricity supply on 1.3.2021. Thus, there is deficiency in service on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

i)To restore/reconnect the domestic electricity supply to the above mentioned residential house of the complainant under Account No. 003005849765 and in consequence not to again disconnect the above said connection to the above mentioned residential house of the complainant under Account No. 003005849765 unless and until a specific order has been passed by the competent court of law. 

ii)To pay Rs. 1,00,000/- for causing mental agony and harassment as well as litigation expenses to the complainant. 

iii)Any other relief, which the Hon’ble Commission deems fit. 

4. Upon notice of this complaint the opposite parties appeared and filed written version by taking preliminary objections interalia on the grounds that the present complaint is wholly misconceived, groundless and unsustainable in law, the complaint is baseless and is flagrant abuse of process of law, complainant has no locus-standi to file the present complaint, not come with clean hands, jurisdiction etc. 

5. On merits, it is denied that the complainant has been keeping his residence at joint family house of the complainant situated at Bajakhana Road, Opposite Anaj Mandi (Bhaini Basti) Backside Reliance Tower, Barnala and the said house has been constructed in 2016 or in 2018. It is further denied that the complainant alongwith his wife and children have shifted their residence from the ancestral house and the complainant has been occupying the above mentioned residential house and in exclusive physical possession of the above said house. It is admitted to the extent that in October 2020 the complainant applied with the opposite parties a domestic electricity supply connection and a payment of Rs. 1,468/- was duly paid on 24.10.2020 and on 28.12.2020 the above said connection was installed in the name of the complainant to the above mentioned residential house of the complainant under Account No. 003005849765. It is further submitted that previously on 17.12.2016 a domestic supply connection was got installed to the above mentioned residential house in the name of Amandeep Kaur under Account No. 3004562121. 

6. It is further submitted that Gurdeep Kaur sister of the complainant moved an application dated 5.1.2021 before the opposite parties for the disconnection of said electricity supply connection mentioning her ownership facts. Thereafter, a notice was served to the complainant to prove his ownership in possession of the house in which the above said electricity supply meter is installed but the complainant did not prove the same which clearly proves that the complainant is not the lawful occupier of the said house but at the time of application and agreement (A&A) Form for domestic connection, the complainant falsely stated that “I am lawful occupier of the premises”. Further a self declaration was duly made by the complainant that in case the place of installation of electricity meter is/will be disputed then he will have no objection in case the meter connection is disconnected. As such, the opposite parties disconnected the electricity connection of the complainant which is duly as per rules and regulations. It is further submitted that a clarification has been required from the complainant alongwith prove of ownership and the complainant had sent a reply to the said memo No. 73 dated 11.1.2021 but in the said reply it is nowhere mentioned that the complainant is the lawful occupier and lawful owner of the said place. The other allegations of the complainant are denied. As such, there is no deficiency in service on their part and prayed for the dismissal of complaint.  

7. In support of his complaint, the complainant tendered into evidence his affidavit Ex.C-1, copy of receipt Ex.C-2, copy of letter dated 11.1.2021 Ex.C-3, copy of envelope Ex.C-4, copy of application Ex.C-5, copy of postal receipt Ex.C-6, copy of plaint Ex.C-7, copyof stay order Ex.C-8, copy of zimni order dated 23.2.2021 Ex.C-9, copy of datesheet Ex.C-10, photographs Ex.C-11 & Ex.C-12, copy of order dated 4.10.2021 Ex.C-13 and closed the evidence. Ld. Counsel for the complainant on 2.9.2021 has suffered the statement that he does not want to file any rejoinder.  

8. To rebut the case of the complainant, the opposite parties tendered into evidence affidavit of Malkit Singh Ex.O.Ps-1, copy of Memo No. 73 Ex.O.Ps-2, copy of application dated 18.7.2018 Ex.O.Ps-3, copy of Inspection report Ex.O.Ps-4, copy of application and agreement Ex.O.Ps-5, copy of indemnity bond Ex.O.Ps-6, copy of self declaration Ex.O.Ps-7, copy of application dated 5.1.2021 Ex.O.Ps-8 and closed the evidence.    

9. We have heard the learned counsel for the parties and gone through the record on the file. Written arguments filed by both the parties.  

10. It is admitted fact between the parties that the complainant applied for a domestic electric connection in the house where he is residing and deposited the required fee of Rs. 1,468.60 paise vide copy of receipt Ex.C-2 and submitted the required documents and self declaration with the opposite parties. It is also admitted that the opposite parties released the domestic electric connection to the complainant but before issuance of any electricity bill the same was got disconnected on 23.2.2021. The complainant submitted in his complaint and affidavit Ex.C-1 that the opposite parties disconnected his connection against the rules and regulations of the opposite parties as he is occupier of the said house and in physical possession of the said house. 

11. On the other hand the opposite parties submitted that on deposit of required fee and documents they released the electric connection to the complainant but on 5.1.2021 Gurdeep Kaur sister of the complainant moved an application Ex.OPs-8 with the opposite parties in which she submitted that she is owner of the property where the opposite parties released the electric connection to the complainant. She further submitted that the said property is in dispute and case is going on with regard to said property in the civil court who granted stay on the said property. She further submitted in this application that the complainant by fabricating and forging documents has taken the connection from the opposite parties. She also submitted that the said connection be disconnected which was released in the name of the complainant and not to release any electric connection in the said property without their consent. Before this application the second sister of the complainant namely Amandeep Kaur also moved an application Ex.OPs-3 dated 18.7.2018 with the opposite parties to disconnect the electric connection which was released on her name having Account No. 3004562121. She also submitted in this application that after disconnection of this connection no meter will be installed in that property. She further submitted in this application if any person wants to take new connection in this house then no meter will be installed in this premises as court case is pending with regard to this property and the sale deed of this house is in her name. 

12. After receiving applications from both the sisters of the complainant the opposite parties issued a notice dated 11.1.2021 Ex.OPs-2 to the complainant in which the opposite parties mentioned that the complainant applied for a domestic connection on 24.10.2020 and on investigation vide inspection report Ex.OPs-4, it is found that on which property the connection was applied there was a family dispute. Further, in this notice it is mentioned that complainant had given an undertaking that if any person objected with regard to his connection then his connection will be disconnected without any notice. Further, in this notice it is mentioned that Gurdeep Kaur has given information to the opposite parties that the premises where connection was released is in dispute and stay has been granted by the civil court. So, complainant has given wrong information to the opposite parties and they vide this notice given 7 days time to the complainant for clarification and to prove the ownership of the property where connection was released failing which the connection will be disconnected. The complainant submitted his clarification vide reply dated 19.1.2021 Ex.C-5 in which he admitted that there is a dispute with regard to the house where electric connection was released but he failed to prove his ownership on the house in dispute. 

13. The opposite parties also produced on the file copy of self declaration of the complainant Ex.OPs-7 in which the complainant declared that if any person objected to release the connection in his premises then his electric connection will be disconnected without any notice. From the copies of applications Ex.OPs-3 and Ex.OPs-8 the sisters of the complainant raised objection with regard to release of the connection in the premises in dispute so in our view as per self declaration of the complainant Ex.OPs-7 the opposite parties legally disconnected the connection of the complainant as per their rules and regulations. Therefore, in our view there is no deficiency in service on the part of the opposite parties. 

14. In view of the above discussion present complaint is dismissed. However, there is no order as to costs or compensation. 

15. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       14th Day of July 2023

 

 

        (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member