State Consumer Disputes Redressal Commission
Karnail Singh Kooka vs Punjab State Electricity Board, on 13 December, 2010
2nd Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
SCO NOS.3009-12, SECTOR 22-D, CHANDIGARH.
First Appeal No. 299 of 2010
Date of institution : 26.2.2010
Date of Decision : 13.12.2010
Karnail Singh Kooka s/o Bhagwan Singh r/o Village Uttalan, Tehsil Samrala,
Ludhiana.
....Appellant.
Versus
Punjab State Electricity Board, Sub Division Ghulal, Samrala, Distt. Ludhiana
through authorized signatory.
...Respondent.
First Appeal against the order dated 21.1.2010 of
the District Consumer Disputes Redressal Forum,
Ludhiana.
Before:-
Shri Inderjit Kaushik, Presiding Member.
Shri Piare Lal Garg, Member.
Present:-
For the appellant : Sh. Karnail Singh Kooka, in person For the respondent : Sh. Jai Singh Brar, Advocate PIARE LAL GARG, MEMBER:
This is an appeal filed by Karnail Singh Kooka (in short, "the appellant") against the order dated 21.1.2010 of the District Consumer Disputes Redressal Forum, Ludhiana(in short, "the District Forum"), by which the complaint of the appellant was dismissed by the District Forum.
2. Brief facts of the case are that the appellant is a farmer and having less than 5 acres of agricultural land. It was pleaded that the respondent vide advertisement invited the applications upto 30.3.2007 from marginal farmers, having agricultural land upto 5 acres for the release of the tubewell connection. Later date was extended upto 17.4.2007. Appellant submitted his application alongwith affidavit on the prescribed proforma on 1.4.2007 and the respondent asked the appellant to deposit Rs. 4,000/-. Appellant deposited the same vide receipt No. D84980/67 First Appeal No. 299 of 2010 2 dated 18.4.2007 for new AP connection. Respondent again extended the period of C.C. No. 22 of 2007 dated 30.5.2007 under Para V for small and marginal farmers, who do not have any tubewell connection in his name anywhere in the State of Punjab or exist in the waiting list of PSEB under general category or any of the priority categories. 50% of the allotted quota for each zone shall be released under this priority to small and marginal farmers eligible for claiming this priority. Further vide Circular No. 59/07 dated 16.10.2007, the respondent decided to allow the consumer's to submit the affidavit on non-judicial stamp paper that they do not have any other connection in their name. Respondent vide Circular No. 22 of 2007 fixed the target to release the tubewell connection during the period 1.6.2007 to 31.5.2008. The allegation of the appellant was that the respondent till date did not give any response to his application and violated the seniority list while releasing the new connections to those applicants, who applied after the appellant. The act of the respondent was deficiency in service and the complaint was filed with the prayer that the respondent be directed to release the tubewell connection immediately and prayed for Rs. 75,000/- be awarded as compensation.
3. Respondent replied by taking preliminary objection that the complaint was not maintainable and there was no deficiency in service on their part. It was pleaded that the appellant had applied for the tubewell connection on the basis of C.C. No. 22 of 2007, which relates to tubewell policy for the year, 2007-08 but it was not understood by him that the same relates to the pending test reports. Opening line of the circular says that keeping in view the pending test reports as on 31.3.2007 and test reports likely to be received upto date, both the general category and priority categories as per the data information received from EIC/Chief Engineer/DS. The policy for the release of tubewell connections during the year 2007-2008 has been considered and decided. In para No. 1 of that First Appeal No. 299 of 2010 3 circular says that a target has been fixed, which shall cover pending test reports as on 31.3.2007. Sub-para (ii) of the Circular relates to Zone-wise allocations. Sub-para (iii) relates to ban imposed on issue of fresh demand notices w.e.f. 12.4.2002 shall continue except the applications registered upto 31.3.1991 under general category. Sub-para (iv) relates to the release of connection under HVDS. Sub-para (v) says that small and marginal farmers, who were having total land of 5 acres in the State of Punjab and do not have any tubewell connection in their name and is on the waiting list of PSEB shall be allowed the priority but the appellant was not on the waiting list because he had applied for 2 BHP AP connection on 12.4.2007. His application was not registered upto 31.3.1991 for which the circular in question relates, as such, the appellant is not entitled for the tubewell connection on priority at this stage as per the circular in question. On merits, similar stand was taken. Other allegations were denied and dismissal of the complaint was prayed for.
4. Learned District Forum after hearing the learned counsel for the parties and going through the record, observed that Circular No. 22 of 2007 dated 30.5.2007 and circular dated 16.10.2007 for release of tubewell connection for the year 2007-08 relates to the pending test reports only, as such, it was held that the appellant was not eligible to get the tubewell connection at this stage.
5. Hence, the appeal by the appellant/complainant.
6. We have gone through the pleadings of the parties, perused the record of the learned District Forum and heard the arguments of the appellant as well as learned counsel for the respondent.
7. There is no dispute between the parties that the appellant is a marginal farmer having less than 5 acres of land in Punjab and he is fully eligible to get the tubewell connection under the category of marginal farmers.
First Appeal No. 299 of 2010 4
8. The version of the respondent is that the appellant was not entitled for the tubewell connection under the Circular No. 22 of 2007 dated 30.5.2007 as the appellant had not applied for the tubewell connection upto 31.3.1991 and his name was not on the waiting list of the respondent. The Circular No. 22 of 2007 relates to the pending test reports, which were pending as on 31.3.2007.
9. On the other hand, the version of the appellant is that he is entitled for the release of tubewell connection under the category of marginal farmer as per Circular No. 22 of 2007 dated 30.5.2007.
10. We have perused the Circular No. 22 of 2007 dated 30.5.2007 of the respondent and Clause V of the same is reproduced:-
"(v) Small & marginal farmers who are having total land holding in the state of Punjab upto 5 Acre & they do not have any tubewell connection in their name any-where in the State of Punjab and are on the waiting list of PSEB, shall be allowed priority in the same queue whether under general category or any of the priority categories. 50% of the allotted quota for each zone shall be released under this priority to small and marginal farmers eligible for claiming this priority. An undertaking already submitted by the applicant to the concerned Sub-Division of PSEB upto 17.4.07 shall be linked with his application registered for release of tubewell connection.
However, before release of connection an affidavit on non judicial stamp paper worth Rs. 15/- shall be obtained from the applicant as under(only if already submitted undertaking is not in order or as per this format):-
i) That my total land holding in the State is not more than 5 Acre.
ii) That I have applied for Tubewell connection on _________ vide receipt No. ___________ dated _________(if available).
iii) That I have no tubewell connection in my name any where in Punjab.
Signature (Name ______ Address ________) First Appeal No. 299 of 2010 5 The applicant shall also be asked to submit copies of the latest Fard(s) regarding land holdings with him. If any undertaking submitted by the applicant is found to be false, his connection shall be permanently disconnected without any notice besides initiating criminal proceedings against him."
11. From the perusal of the above clause of the Circular, the small and marginal farmer is entitled for the release of tubewell connection, who had applied for the tubewell connection under the small and marginal farmer category and had submitted an undertaking, the format of the same is given in the Circular upto 17.4.2007 to the concerned Sub Division of P.S.E.B. for release of tubewell connection on non-judicial stamp paper worth Rs. 15/-.
12. It is admitted by the respondent in para No. 1 of the preliminary objections that the appellant applied for the tubewell connection on 12.4.2007 and deposited Rs. 400/- as registration fee with the respondent for the release of tubewell connection of 2 BHP and it is also not denied by the respondent that the appellant had not submitted the undertaking as required under Circular No. 22 of 2007. The copy of the undertaking is Ex. R-2 attested on 11.4.2007 by the Executive Magistrate, Samrala tendered into evidence by the respondent itself.
13. There is no ban imposed upon the small farmers for the release of tubewell connection, whose name was not registered before 31.3.1991. This condition was imposed only on the applicants, whose applications were registered upto 31.3.1991. It was also directed in the Circular No. 22 of 2007 that 50% of the allotted quota for the release of tubewell connection for each Zone shall be released under this priority to small and marginal farmers eligible for claiming this priority. First Appeal No. 299 of 2010 6
14. Circular No. 59 of 2007 dated 16.10.2007 was also issued by the P.S.E.B., which is tendered into evidence by the respondent as Ex. C-4 and the same is reproduced:-
"Subject : Tubewell Policy for the year 2007-08.
The instructions for the release of new tubewell connections during the year 2007-08 were issued vide CC No. 22/07 dated 30.5.07. As per Para - (V) of the CC 20/07, small & marginal farmers who are having total land holding in the state of Punab upto 5 Acre & they do not have any tubewell connection in their name anywhere in the State of Punjab and are on the waiting list of PSEB, are to be allowed priority in the same queue whether under general category or any of the priority categories. 50% of the allotted quota for each Zone is to be released under this priority to small and marginal farmers eligible for claiming this priority. An undertaking already submitted by the applicant to the concerned Sub-Division of PSEB upto 17.4.07 is to be linked with his application registered for release of tubewell connection. However, before release of connection affidavit on non judicial stamp paper worth Rs. 15/- on the prescribed format is to be obtained from the applicant (only if already submitted undertaking is not in order or as per this format).
There is a feed back from the offices that some of the AP applicant who have registered there applications with PSEB long ago, have approached them and requested to allow them to submit furnish their undertakings now as they could not submit the same due to some unavoidable circumstances.
In view of the above feedback from the field offices the matter has been considered and it has been decided that AP applicants/Small & Marginal farmers who are having total land holding in the State of Punjab upto 5 acres and they do not have any First Appeal No. 299 of 2010 7 T/W connection in their name anywhere in the state of Punjab, are hereby allowed to submit the undertaking/affidavit on non Judicial Stamp Paper worth Rs. 15/- on the prescribed format till further instructions from this office.
The compliance of above instructions may please be ensured."
15. From the perusal of the above circular also, there was no cut of date of 31.3.1991 for the release of the tubewell connections to the small and marginal farmers.
16. The interpretation of the respondent regarding the release of tubewell connection to the small and marginal farmer that only the applicants, who had applied and registered before 31.3.1991 were eligible for the release of the tubewell connection on priority basis is not correct.
17. The respondent has also not maintained the seniority list as per the instructions of the Circular No. 22 of 2007 dated 30.5.2007.
18. As per the above discussion, we accept the appeal of the appellant with costs of Rs. 5,000/-. The respondent is directed to release the tubewell connection to the appellant and also pay Rs. 5,000/- as compensation and litigation expenses to the appellant within two months from the date of receipt of the copy of the order.
19. The arguments in this appeal were heard on 8.12.2010 and the order was reserved. Now the order be communicated to the parties.
(Inderjit Kaushik)
Presiding Member
December 13, 2010. (Piare Lal Garg)
as Member