State Consumer Disputes Redressal Commission
Sushil Kumar vs Rajeev Grover & Others on 22 December, 2015
First Additional Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
First Appeal No. 1188 of 2013
Date of institution : 06.11.2013
Date of decision : 22.12.2015
Sushil Kumar son of Sh.Kushi Ram R/o Inside Magzine Gate,
Ferozepur City.
.......Appellant
Versus
1. Rajeev Grover s/o Chaman Lal Grover S/o Ram Lal Grover r/o
Inside Magzine Gate, Ferozepur City.
........Respondent No.1/complainant
2. Punjab State Power Corporation Limited, The Mall, Patiala
through its Managing Director.
.......Respondent No.2/Opposite Party No.1
3. Punjab State Power Corporation Limited, Sub Urban Division,
Ferozepur City, through its Sub Divisional Officer.
.......Respondent No.3/Opposite Party No.2
First Appeal against order dated
21.06.2013 of the District Consumer
Disputes Redressal Forum,
Ferozepur.
Quorum:-
Hon'ble Mr. Justice Gurdev Singh, President
Mr. Vinod Kumar Gupta, Member
Mr. Harcharan Singh Guram, Member Present:-
For the appellant : Sh. C.S. Sharma, Advocate For respondent No.1 : Sh. Dinesh Trehan, Advocate For respondent No.2&3 : Sh. G.S. Sidhu, Advocate First Appeal No.1188 of 2013 2 Harcharan Singh Guram, Member:-
The appellant, Sushil Kumar, has preferred the present appeal being aggrieved by the order dated 21.06.2013 passed by the District Consumer Disputes Redressed Forum Ferozepur (in short 'District Forum') in Consumer Complaint No. 126 of 2013 filed by Rajeev Grover-respondent No.1/complainant under Section 12 of the Consumer Protection Act, 1986 (in short 'The Act'). The District Forum allowed the complaint directing the OPs to start further process of transferring electric connection in question in the name of the complainant and awarded Rs.2,000/- as compensation for harassment and Rs.1,000/- as litigation expenses.
2. Brief facts of the case are that the complainant, Rajeev Grover, alleged that he had purchased a portion of H.No. CS 5/9 situated at inside of Magzine Gate, Ferozepur City, for valuable consideration through registered sale deed dated 03.12.2012. After purchase of the said portion, he applied for transferring the electric connection bearing account No.SR-48/999 in his name in the records of OPs. OPs directed him to deposit an amount of Rs.1,145/- as fee, and the same was deposited with the OPs, vide receipt No.75 book No.E-3928 dated 24.12.2012. He gave a request letter to the OPs and requested them for transferring above referred connection to his name. The OPs did not consider his request and rather misbehaved with him. On failure to get any relief from the OPs, he filed complaint in the District Forum with the prayer that OPs be directed :-
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i. to transfer the electric connection, in question, in his name; ii. to pay Rs.80,000/-, as compensation on account of mental harassment, pain and agony; and iii. to pay Rs.5,000/- as litigation expenses.
3. Upon notice, OPs filed written reply and took preliminary objections that the complaint was not maintainable. Complaint was false, frivolous and vexatious. It was pleaded that the complainant did not come to the District Forum with clean hands and was guilty of concealing certain true and material facts from it. The true facts were that complainant moved an application to them for transfer of one domestic electric connection bearing account No.SR-48/999 in his own name from the name of original owner; namely, Sushil Kumar S/o Khushi Ram. After completion of all the necessary formalities as per the Rules and Regulation of PSPCL regarding transfer of ownership of electric connection in the name of the complainant, service connection order was issued on 24.12.2012. The connection bearing account No.SR-48/999 was transferred to the name of the complainant with new account bearing No.SR-48/1328. On 19.02.2013, he moved another application to them for PDCO of electric connection bearing account No.SR-48/1328 and his request was marked to concerned Junior Engineer for report. But in the meanwhile, the above named Sushil Kumar S/o Khushi Ram moved an application to them for not transferring and shifting the electric connection bearing account No.SR-48/999 in the name of complainant on account of pendency of a Civil suit between them before the Civil Court with reference to the premises bearing First Appeal No.1188 of 2013 4 municipal No.CS 5/9, situated inside Magzine Gate, Ferozepur City, in which electric connection, in question, bearing account No.SR- 48/999 was installed in his name. After receiving the said application, they immediately issued a registered notice dated 01.03.2013 to the complainant on the said facts, wherein he was informed that his application for change of name and PDCO of connection in question had been cancelled on account of sufficient cause as explained above, till the final decision of the Civil court and also on account of concealment of true facts by him from them, without any prejudice. The complainant did not give any reply to the said notice nor did he disclose the above said facts before the District Forum. As such, he was estopped by his own act and conduct to file the present complaint and the same was an abuse of process of law. The complaint was bad for non-joinder of necessary party as the above named Sushil Kumar, who is the original owner of the electric connection was necessary and interested party. It was further pleaded that complicated questions of law and evidence were involved in the complaint and lengthy process of examination and cross-examination of the witnesses was required, and, as such, the District Forum had no jurisdiction to try and decide the complaint and the matter was required to be relegated to Civil Court. On merits it was pleaded that there was no deficiency in service or unfair trade practice on their part. The complainant was not entitled to any of the reliefs, as claimed by him in his complaint. He was not entitled to get the electric connection transferred in his name nor he was entitled to get Rs.80,000/-, as compensation on account of alleged mental First Appeal No.1188 of 2013 5 agony, and harassment along with Rs.5,000/- as litigation expenses. It was prayed that complaint may kindly be dismissed with costs; being false, and frivolous.
4. The District Forum allowed the parties to lead their evidence. Complainant tendered into evidence his affidavit Ex.C-1, copy of sale deed Ex.C-2, copy of letter Ex.C-3, copy of postal receipt Ex.C-4, copy of receipt of payment Ex. C-5 and closed his evidence. On the other hand, the OPs filed affidavit Ex.OP/1, and tendered documents Ex.OP/2 to Ex.OP11 and closed their evidence.
5. District Forum heard the arguments of the counsel for the parties and allowed the complaint of the complainant, vide aforesaid order.
6. Aggrieved by the impugned order, the appellant filed the present appeal on the grounds that he is residing as a tenant in house No.CS 5/9 situated inside Magzine Gate, Ferozepur City. This house earlier belonged to one Chaman Lal Sehgal. Respondent No.1/complainant purchased this house, vide sale deed dated 03.12.2012. After purchase of above said house by the complainant, he filed an ejectment petition against him under Section 13 of the East Punjab Urban Rent Restriction Act on the ground of personal necessity and other grounds mentioned therein. On 26.02.2013, he gave an application to the Electricity Department not to change the meter connection, as the said meter connection was in his name since 25.06.1997, and he was regularly paying the bills in time. Respondent No.1 filed the complaint against respondents No.2&3 for non-transferring the meter connection bearing account No.SR- First Appeal No.1188 of 2013 6 48/999 in his name without impleading him as party in that complaint. The District Forum directed respondents No.2&3 to transfer the above referred electric connection standing in his name to the name of the complainant. After passing of this order respondent No.1 gave an application to the Electricity Department to remove the electric connection bearing account No.SR-48/999. On 13.10.2013, Electricity Department removed the electric connection. After his meter was removed, he gave an application to the SHO, Police Station, Ferozepur City, stating therein that somebody had stolen his meter. He also gave a letter dated 21.10.2013 to the Electricity Department, that somebody had stolen his meter. He was informed by the electricity department that his meter bearing account No.SR-48/999 was not stolen but same was removed by them in pursuant to the District Forum order dated 21.06.2013. The appellant pleaded that District Forum did not implead him before passing the impugned order in-spite of the fact that respondent No. 2 & 3, specifically mentioned in their written reply that he was the owner of the electricity meter. The appellant submitted that the District Forum did not see the intention of respondent No.1 that he wanted to get his House No. CS 5/9 vacated by disconnecting the electric connection from the said premises standing in his name. He prayed that appeal filed against the impugned order be accepted and respondents No.2&3 be directed to restore his electric connection. He further prayed that respondent No.1 be directed to pay Rs.50,000/-, as damages for harassment, pain and agony and Rs.10,000/-, as litigation expenses.
First Appeal No.1188 of 2013 7
7. We have heard the arguments and the record of the District Forum was called at the stage of admission. The counsel for the appellant argued that the order passed by the District was wrong on the ground that respondent No.1 did not disclose to the District Forum in whose name the said connection was issued by respondents No.2&3. As such, the complaint filed by the complainant was not maintainable. He further argued that proper electricity bills were issued for electric consumption in his name by respondents No.2&3. Those respondents in their written reply, filed before the District Forum, pleaded that the electric connection bearing account No.SR-48/999 was installed in the house in his name. The complainant/respondent No.1 had been trying to get his name incorporated regarding this connection in the records of respondents No. 2 & 3, in order to get the above premises vacated from him and to defeat his right, being a tenant in the said premises. He further argued that being a beneficiary of the electric meter, he has a right to file his case before the civil court to enforce his right, but due to passing of the impugned order he is only having one option that is to file an appeal.
8. On the other hand counsel for respondent No. 1, argued that the order passed by the District Forum was correct and needs to be confirmed.
9. We have to refer the evidence on the record to determine the controversy in this case. As per sale deed Ex.C-2 respondent No.1 purchased one-fourth share out of the property as detailed in it, (C/5 inside Magzine Gate, Ferozepur) consisting of three rooms, First Appeal No.1188 of 2013 8 courtyard, bathroom, electricity meter, water tap, sewerage. Respondent No.1 gave an application to the Sub Divisional Officer, Electricity Board for the transfer of electricity connection No. SR- 48/999 in his name. Respondent No.1 also deposited transfer fee of Rs.1,145/- for the transfer of this electricity connection, vide Ex.C-5 on 24.12.2012. He also filed an affidavit, Ex.OPs/4, stating on oath that he purchased the house with electricity meter connection No. SR-48/999 which was installed in the name of Sushil Kumar, the present appellant and he wanted to get this electricity connection transferred by stating on oath in his affidavit that he had no pending dispute whatsoever after execution of the sale deed, with any one. He also deposed in that affidavit that he had no such dispute or litigation with regard to this electricity connection. We find that respondent No.1 suppressed the material fact by giving the wrong information in Ex.OPs/4 to the electricity authority regarding absence of any dispute of this electricity connection. On the other hand the appellant gave a copy of rent petition Ex.OPs/9 to electricity authority to the effect that complainant had filed an ejectment petition against him and others, as tenants, on 21.02.2012. As per the affidavit Ex.OPs/1 filed by Yogesh Kumar, SDO of Punjab State Power Corporation Limited, electricity connection was installed in the name of Sushil Kumar, as per rules and regulations, which was transferred to the name of complainant, on the basis of his affidavit and transfer fee. No affidavit of Sushil Kumar was taken by the electricity authorities before transfer of this electricity connection. From perusal of the affidavit Ex.OPs/1 filed by Yogesh Kumar SDO, we find that First Appeal No.1188 of 2013 9 Sushil Kumar, the present appellant, moved an application requesting not to transfer the electricity connection in the name of respondent No.1 on account of pendency of Civil Suit between him and the complainant. The transfer of electricity connection by the electricity authorities on the basis of wrong and suppressed facts by complainant/respondent No.1 was not legal and was rightly cancelled by the electricity authorities when real facts came to their notice.
10. However, a co-owner can apply for a separate electric connection in his own name after obtaining consent of other co- owners, but if there is any person who is a tenant in the joint property then the amenities available to the tenant cannot be disconnected during the subsistence of the tenancy.
11. The District Forum has not touched this important aspect of the matter and the order of District Forum on this point is contrary to law.
12. In view of the above discussion, we are of the view that the order of the District Forum is not sustainable. Accordingly the appeal is allowed. The order passed by the District Forum is set aside and the complaint filed by the complainant is dismissed.
13. The arguments in this appeal were heard on 20.10.2015 and the order was reserved. Now, the order be communicated to the parties as per rules.
First Appeal No.1188 of 2013 10
14. The appeal could not be decided within the statutory period due to heavy pendency of court cases.
(JUSTICE GURDEV SINGH) PRESIDENT (VINOD KUMAR GUPTA) MEMBER (HARCHARAN SINGH GURAM) MEMBER December 22,2015 RK2