Complainant Avtar Masih vide the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to install new electricity connection alongwith meter. Opposite parties be further directed to pay Rs.20,000/- as litigation expenses alongwith Rs.30,000/- as damages for illegal harassment, physical and mental agony, in the interest of justice.
2. The case of the complainant in brief is that he is secretary of Christian Dharamshalla, Pandori Mahantan and is working for the welfare and affairs of the Christian community at village Pandori Mahantan . He approached the office of opposite party no.2 for applying the electricity connection in the name of Christian Dharamshalla, Pandori Mahantan. He deposited certain documents which comprised of copy of resolution passed by the Gram Panchayat of village Talibpur. He also deposited charges for the new electricity connection vide receipt no.216 dated 27.3.2017.He has further alleged that after the expiry of period of two years opposite parties never turned up for installation of electricity connection and meter. He approached many times to the opposite parties for the installation of the electricity connection and meter but all in vain. He also served legal notice to the opposite parties and requested them to install new electricity connection alongwith meter within 15 days from the receipt of legal notice, but till the date of filing of the present complaint opposite parties never installed the same. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not maintainable because PSPCLtd. has not been made party; as alleged by the complainant the land given as per resolution dated nil alleged to have been passed by the Gram Panchayat is false, vague and illegal because there is no mention of identification and moreover no land can be transferred by the Panchayat unless and until the sanction is given by the Punjab Government through its Director of Panchayats under village Common Land Act; the grant of Scheduled Cast Dharamshala was given by the Government and not for Christians Dharamshala, hence said grant cannot be used by Gram Panchayat for any other purpose. Moreover said Dharamshala was constructed and repaired by the Panchayat, hence alleged resolution produced by the complainant is false, collusive and illegal. Moreover BDPO Gurdaspur has issued a letter No.1930 dated 7.9.2017 in the name of SDO PSPCLtd that electricity connection be not issued to the complainant in his name. And a letter No.7120 dated 20.9.2017 has also been issued by ADC development. Hence, complainant is not entitled to install the alleged electricity connection and complaint is bad for non joinder of necessary party because Gram Panchayat Pandori Mahantan and Talibpur have not been made party. A case between Gram Panchayat and complainant is pending in the Court of DDPO Gurdaspur. Hence, the complaint is liable to be dismissed. On merits, it was submitted that complainant has not produced any prima facie proof showing that the complainant is secretary of alleged Christians Dharamshala and said society is Regd. body under law. No alleged receipt has been issued by the opposite party no.1. Moreover as alleged the land given as per resolution dated nil alleged to have been passed by the alleged two Gram Panchayats is vague and illegal because no land can be transferred by the Panchayat unless and until the sanction is given by the Director Panchayats. It was next submitted that the complainant is not entitled for the installation of alleged electricity connection, because an individual cannot claim connection on behalf of an unregistered and illegal society. The alleged notice is illegal and gives no legal benefit to the complainant and complainant is not entitled to install the alleged new connection. No installation of new connection can be claimed as a right unless and until Gram Panchayat gives no objection certificate regarding land of Govt. or land of Panchayat. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Rejoinder to the written statement filed.
5. Alongwith the complaint, complainant has filed affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-9.
6. Alongwith the written statement, opposite parties has filed affidavit of Sh.Ramesh Pal, SDO PSPCLtd. Ex.OP-1 alongwith other documents Ex.OP-2 and Ex.OP-3.
7. Written arguments filed on behalf of both the parties.
8. We have carefully gone through the pleadings of counsels for the parties; written arguments by both the parties and oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.
9. By filing this complaint, complainant has sought directions against the opposite parties to install new electric connection and to pay Rs.20,000/- as litigation expenses and Rs.30,000/- as damages.
10. In order to rebut the contention of the complainant that he is entitled to get the electric connection, Ld.counsel for the opposite parties have produced on record a copy of letter dated 7.9.2017 i.e. Ex.OP-2, written by B.D.P.O. Gurdaspur to S.D.O. PSPCLtd. saying that complainant is trying to get the meter installed in his name but the building is of Scheduled Caste Dharamshala and meter can only be installed in the name of Gram Panchyat and if the meter is installed in the name of another person, whole responsibility will be of PSPCL. Similarly Ex.OP-3, is the letter written to Additional Deputy Commissioner to B.D.P.O., Gurdaspur to get vacated the Dharamshala and to report them (the office) about the action taken.
11. Moreover, complainant himself has produced on record Ex.C-8, showing that the Gram Panchayat has filed the complaint against the some persons regarding that very property. Hence, it is established that there is dispute regarding the ownership of the property.
12. Secondly Ex.C-2, i.e. the receipt of the amount is in the name of Christian Dharamshala, Pandori Mahanatan. But the complaint is filed in the name of Avtar Masih. No document is on the file showing that the complainant is the authorized signatory of the Christian Dharamshala. No copy of any such resolution is on the record. Document Ex.C-6 is undated. Ex.C-7 is also undated and does not bear any stamp. It is also not a statement on oath. It is also not established from this document as to before which authority this statement was recorded.
13. Another document placed on file by the complainant is the copy of resolution but the same has not been exhibited by the complainant. Moreover, in this document only measurement of the land is given. No Khasra number, Khatauni number or Khewat no. is given in this document. Even the original register of the Panchayat in which this resolution has been entered and approved by the Government has not been placed on record.
14. Hence, the complainant has failed to establish on the basis of the documentary evidence that he is the owner of the property, where he is seeking installation of the electric connection and concerned BDPO has also instructed to opposite party not to installed meter in the name of complainant, so the complaint is liable to be dismissed.
15. As an upshot of aforesaid discussions, the present complaint is dismissed leaving the parties to bear their own costs.
16 . Copy of the order be communicated to the parties free of charges. File be consigned.
(Neelam Gupta)
President
Announced: (Bhagwan Singh Matharu)
September 14, 2021 Member
*MK*
