Punjab

Moga

CC/08/145

Vinod Goyal - Complainant(s)

Versus

XEN - Opp.Party(s)

Sh.Sunil Jaiswal

17 Oct 2008

ORDER


distt.consumer moga
district consumer forum,moga
consumer case(CC) No. CC/08/145

Vinod Goyal
...........Appellant(s)

Vs.

SDO
XEN
...........Respondent(s)


BEFORE:
1. Jagmohan Singh Chawla 2. Sh.Jit Singh Mallah 3. Smt.Bhupinder Kaur

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):
1. Sh.Sunil Jaiswal

OppositeParty/Respondent(s):




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ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA. Complaint no.145 of 15.10.2008 Date of Decision:17.10.2008 Vinod Goyal son of Sh.Amrit Lal, resident of House No.680, Ward No.12, Leela Niwas, Gali No.6, Vedant Nagar, Moga. Complainant. Versus 1. Punjab State Electricity Board through its XEN, City Division, Moga. 2. Punjab State Electricity Board through its SDO South Sub Division, Moga. Opposite Parties. Complaint under section 12 of the Consumer Protection Act, 1986. Quorum: Sh.J.S.Chawla, President. Sh.Jit Singh Mallah, Member. Present: Sh.Sunil Jaiswal, Adv.counsel for the complainant. (J.S.CHAWLA, PRESIDENT) Briefly stated, Vinod Kumar, complainant has received a bill amounting to Rs.5250/- from the OPs-Board which he paid vide receipt no.108 dated 28.7.2008. That on 4.8.2008 at about 12.30 Noon some officials of the OPs-Board visited the premises of the complainant. They told the wife of the complainant that the cheque worth Rs.5250/- issued by the complainant against the bill has been dishonored and a sum of Rs.5250/- is outstanding against them. At that time the wife of the complainant showed them the cash receipt deposited with the OPs-Board and said that they never issued any cheque amounting to Rs.5250/- with the OPs-Board. Thereafter, the officials of the OPs-Board demanded illegal gratification from the wife of the complainant. On refusal to pay illegal gratification by the wife of the complainant, the officials used unparliamentary language and went away. On the very next date i.e. on 5.8.2008 the same officials again came to the house of the complainant and threatened the complainant to pay the amount of the bill alongwith surcharge and on non deposit of the said amount, they threatened to disconnect his connection. The complainant reported the matter to higher authorities of the OPs-Board and also moved an application before SHO, P.S. South, Moga and they registered a DDR in P.S.South, Moga in this regard. Hence, the complainant has filed the present complaint for directing the OPs-Board to pay Rs.2 lacs on account of deficiency in service, mental agony and harassment beside costs of litigation. 2. We have heard Sh.Sunil Jaiswal ld.counsel for the complainant and gone through the record on file. 3. The complainant in his complaint as well as affidavit has alleged the mal-treatment by the officials of the OPs-Board, but failed to state their names. He had already reported the matter to the concerned P.S. South, Moga and got lodged DDR in this regard. If any criminal act had been committed by the officials of the OPs-Board, it is for the police to investigate the same. Regarding the application moved by the complainant to the higher authorities of the OPs-Board, the Chief Engineer, Forum for Redressal of Grievances of Consumers, Shakti Bhawan, Patiala wrote a memo no.2253 dated 26.8.2008 to Sr.XEN, City Division, Moga for its enquiry. On the said directions, the complainant was directed vide no.15006 dated 10.9.2008 to appear before Addl.S.E. City Division, Moga for redressal of his grievance. The complainant has failed to disclose this fact either in his complaint or its result thereof. In view of the aforesaid facts and circumstances, the allegations made in the complaint are not sufficient to hold that the OPs-Board has committed any deficiency in service while providing the service to the complainant. 4. Therefore, the complaint filed by the complainant can not be admitted being not maintainable. Hence the complaint stands dismissed. File be consigned to record room. (Jit Singh Mallah) (J.S.Chawla) Member President Announced in Open Forum. Dated:17.10.2008.




......................Jagmohan Singh Chawla
......................Sh.Jit Singh Mallah
......................Smt.Bhupinder Kaur