State Consumer Disputes Redressal Commission
Kulwant Singh vs Pseb on 26 May, 2015
FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
First Appeal No.1798 of 2011
Date of Institution: 08.12.2011.
Date of Decision: 26.05.2015.
Kulwant Singh, aged about 53 years, son of Sh. Karam Singh,
resident of Village Pola, Tehsil and District Fatehgarh Sahib.
.....Appellant/complainant
Versus
1. Punjab State Power Corporation Ltd., The Mall Patiala, through
its Chairman.
2. Assistant Executive Engineer/Sub Divisional Officer, Punjab
State Power Corporation Ltd. Sub Division Sarai Banjara,
Tehsil Rajpura, District Patiala.
3. Executive Engineer/XEN, Punjab State Power Corporation Ltd.
Division Rajpura, Tehsil Rajpura, District Patiala.
....Respondents/opposite parties
First appeal against order dated
19.10.2011 passed by the District
Consumer Disputes Redressal
Forum, Fatehgarh Sahib.
Quorum:-
Shri J. S. Klar, Presiding Judicial Member.
Shri Vinod Kumar Gupta, Member.
Shri H.S. Guram, Member.
Present:-
For the appellant : Sh. Deepak K. Sharma, Advocate. For the respondents : Sh. A.K. Sharma, Advocate. ..............................................First Appeal No.1798 of 2011 2
J. S. KLAR, PRESIDING JUDICIAL MEMBER:-
The appellant of this appeal (the complainant in the complaint) has directed this appeal against the respondents of this appeal (the opposite parties in the complaint), challenging order dated 19.10.2011 of District Consumer Disputes Redressal Forum Fatehgarh Sahib (in short, "the District Forum"), dismissing the complaint of the complainant.
2. The complainant has filed the complaint under Section 12 of the Consumer Protection Act, 1986 (in short "Act") against the OPs on the averments that the complainant has been enjoying the electricity facility for irrigation of his land, vide electric connection bearing account no.BAP-879 and as such he is the consumer of the OPs. The above electricity connection was installed in the field of complainant on 25.02.2010 and prior thereto, the government provided electricity to the farmers in the state of Punjab totally free of cost. The complainant never committed any theft of the electricity nor committed any other illegality at any time, since the day of installation of electric connection in question. The complainant has been using it for the purposes of irrigation of crops only i.e. vegetables and seasonal pulses by way of drip system. The complainant spent lakhs of rupees for the installation of drip system and pipes in his fields for irrigation. On 05.05.2011, the officials of the OPs visited the fields of the complainant and without any information, they disconnected the above electric supply of the First Appeal No.1798 of 2011 3 complainant without disclosing any reason therefor. The complainant contacted OP no.2 and requested for the restoration of electricity connection in the fields of the complainant, but it refused to do so. The complainant would suffer financial loss to his crops on account of disconnection of electricity connection. There is gross negligence, deficiency in service and unfair trade practice on the part of the OPs in disconnecting the electricity connection of the complainant in his fields. The complainant has, thus, filed the complainant praying that OPs be directed to restore the electricity connection and further to pay Rs.90,000/- as compensation alongwith interest @24% per annum from 05.05.2011 to the complainant for his mental harassment.
3. Upon notice, OPs appeared and filed their joint written reply by raising preliminary objections that the complaint is not maintainable and it is outside the purview of the Act. The complainant has no legal right or cause of action to file the complaint. The complainant is estopped by his own act and conduct to file the complaint. The complaint is false and frivolous and vexatious and merits dismissal. The Consumer Forum has no jurisdiction to entertain and try the complaint. The complainant applied for AP tube well connection under Drip/Micro Sprinkler irrigation system on priority basis and OP released connection no.BAP 879 of 10 BHP under above said category. The complainant violated the Rules and Regulations of the OPs by misusing the First Appeal No.1798 of 2011 4 above said connection. The complaint was resisted even on merits, that after receiving the application, the concerned officer of OPs marked it to the concerned JE to visit the spot and report. The JE visited the spot on 27.08.2009 and submitted the report. The complainant deposited Rs.2000/- on 02.09.2009 alongwith A&A form no.8166 dated 02.09.2009 alongwith other documents. After passing the sketch and estimate by the XEN Rajpura, the Sub Division Saraibanjara issued a demand notice to the complainant bearing no.2052 dated 07.10.2009 and complainant complied with the same. SCO dated 25.02.2010 was issued by the office of SDO Saraibanjara and the same was complied on the same day and OPs released the connection bearing no.BAP879 of 10BHP under the above said category on priority basis to the complainant, but the complainant misused the above said connection and violated the Rules and Regulation of the OPs. It was further averred that at the time of surprise checking of various connections of Sub Division Saraibanjara, the connection of the complainant and connection of other person Gurdev Singh under category of Drip/Micro Irrigation system were duly checked by the Technical Audit Unit Patiala alongwith other officials of the OPs at the spot on 19.11.2010 in the presence of complainant and it was found that complainant had sown wheat crop in his fields and some wastage of the previous paddy crop was also lying there. The complainant had not used the electricity connection for growing the vegetables and pulses in the First Appeal No.1798 of 2011 5 field for the purpose for which it was specifically released, as the above said connection was issued on priority basis specifically for growing the crop of vegetables and pulses. The connection of the complainant was again checked on 21.03.2011 and it was found that the complainant had sown wheat crop in his agriculture land and pulse crop was sown in less than half acre of land and fitting of drip system was also removed and water from the tubewell was going towards water channel through pipes. It was further averred in the written reply that the connection was applied by the complainant under Drip Micro Irrigation System with specific condition for vegetables and pulses, but the complainant failed to comply with the conditions and rather misused the above said electricity connection. The connection of the complainant was disconnected by the officials of the OPs due to non-compliance of conditions and further misuse of priority basis connection under the Electricity Supply Regulation Section 13.4.18 ad 13.5.5. Rest of the averments of the complainant were denied by the OPs. The OPs prayed for the dismissal of the complaint.
4. The complainant tendered in evidence his affidavit Ex.C-1, affidavit of Balihar Singh Ex.C-6 and affidavit of Charanjit Singh Ex.C-7 alongwith documents Ex.C-2 to Ex.C-5 and Ex.C-8 to C-10 and closed the evidence. As against it, OPs tendered in evidence the affidavit of Er. Vinod Kumar Sharma Ex.RW-1/A alongwith documents Ex.R-1 to R-15 and closed the evidence First Appeal No.1798 of 2011 6 thereafter. On conclusion of evidence and arguments, the District Forum dismissed the complaint of the complainant. Dissatisfied with the above order, the complainant, now appellant has preferred this appeal against the same.
5. We have heard the learned counsel for the parties and have also examined the record of the case. The evidence is required to be examined by us on the record coupled with the pleadings of the parties to settle the controversy between the parties in this case. Ex.C-2 is the copy of electric connection bearing account no.BAP 879 of connected load of 10BHP. Ex.C-3 is copy of jamabandi for the year of 2008-09. It recorded the complainant to be the owner in possession of the said property with one Tarlochan Singh. Ex.C-4 is copy of challan no.171 dated 06.06.2009 and Ex.C-5 is the copy of bill dated 10.06.2009 of Rs.78,398/-. Ex.C-6 is the affidavit of Balihar Singh regarding the installation of micro-drip system for irrigation of Mungi-masri, Chholle crops and other vegetables. Similarly, the affidavit of Charanjit Singh is Ex.C-7 on the record. He has stated in his affidavit that the land of the complainant is not suitable for harvesting wheat crops and paddy crops and he has installed the micro-drip system for irrigation of Mungi-masri, Chholle crops and other vegetables only. Ex.C-8 is copy of Jamabandi for the year 2008-09 in the name of Charanjit Singh and Narinder Singh, the owners in possession of the property as set out in it. Ex.C-9 is the copy of Jamabandi for the year 2003-04 showing Balihar Singh as First Appeal No.1798 of 2011 7 owner in possession of land of 1/48 share of the property. Ex.C-10 is the copy of Khasra Gardwari on the record. It has recorded that Moong and Masar pulses were sown in the year 2010-2011 by the complainant. The OPs placed reliance on affidavit of Er. Vijay Kumar Sharma Ex.RW-1/A on the record. He stated that the connection under Drip-micro sprinkler irrigation system was granted on priority basis on 24.08.2009 and connection was released to the complainant for the specific purpose. There is no dispute in this regard that the above referred type of electricity connection for growing vegetables and pulses was granted to the complainant on priority basis only and not in general turn. He further stated in his affidavit that above said electricity connection was checked on 19.11.2010 and again on 21.03.2011 by the officials of the OPs and it was found that complainant had sown the paddy crop in his agriculture land and he had sown the pulse crop in less than 1/2 acre of land only. It is further stated that fitting of drip system was also removed and water from the tubewell proceeded towards water channel. Ex.R-1 is the copy of application form of the complainant. Ex.R-2 is the affidavit of Kulwant Singh complainant filed with OP no.2 at the time of applying the electricity connection. He specifically undertook in his affidavit that in case he was found misusing the Drip-Micro irrigation connection for some other purposes, his electricity connection would be liable to be disconnected. The complainant has given this undertaking to the OPs for disconnection First Appeal No.1798 of 2011 8 of his electricity connection for a specified purpose in case he was found to be misusing it. Undertaking of the complainant in the shape of his affidavit is Ex.R-2 on the record. The complainant further swore in affidavit Ex.R-3 on the record that he would not shift the connection nor would lease it out to any other person, nor would sell it. Ex.R-4 is copy of certificate issued Soil Conservation Officer Patiala, certifying that Kulwant Singh complainant had taken Drip- Micro Irrigation System specifically for irrigation of vegetable crop in one hectare area. This system was installed by M/s Jain Irrigation System Ltd., Jalgaon Maharashtra by using ISI marked material. The project was tested and it was recommended to release the electricity connection on priority basis to the complainant. The complainant also furnished indemnity bond Ex.R-5. The complainant specifically stated so in the indemnity bond. He undertook in the indemnity bond that the OPs shall have the power to incur liability for which he shall rightfully pay by reason of or in consequences of the aforesaid connection now being given to the above bounden principal party and that on his failure to do so, that the board shall have the power to realizes the same from the above said bounden principal party and his property of all type by private negotiation or by court proceeding. Ex.R-6 is the copy of demand notice issued by the OPs to the complainant. Ex.R-7 is the copy of letter dated 05.10.2009 from Senior Executive Engineer, Sanchalan Mandal, Rajpura to SSE, PSPCL Sarai Banjara regarding Drip-Micro Irrigation system. First Appeal No.1798 of 2011 9 Ex.R-8 is the copy of site plan. Ex.R-9 is copy of order regarding issuance of above said connection. Ex.R-10 is the document of OPs. The report has been relied upon by the OPs on the record vide Ex.R-11 regarding checking of this electricity connection of Kulwant Singh complainant. It is reported in Ex.C-11 that during checking, it was found that the wheat crop was grown in the field. The stubbles of paddy crop were still lying in the field. It was reported that no vegetable crop was grown in the field by the complainant for which this Drip Micro Irrigation connection was specifically taken on priority basis by him. It is reported in this report that the complainant has misused the specified type of connection. Ex.R-12 is copy of letter of OPs regarding the disconnection of above said connection of the complainant. Ex.R-13 is the copy of permanent disconnection order of the electricity of the complainant. It is dated 04.05.2011. Ex.R-14 is the copy of the clauses. Our attention has also been drawn to clause 13.4.18 of Ex.R-14 dealing with Drip/Sprinkler Irrigation System. Clause 13.5.1 lays down that only one connection shall be admissible in any of the priority categories to the applicant during his life time. However, in case of priority claimed under any category, the applicant will be required to submit an affidavit on non-judicial stamp paper worth Rs.15 to the effect that he has neither availed nor applied for a tubewell connection on priority anywhere else in the State. A note to this effect should be made on the A7A form. Clause 13.5.5 further lays down that an applicant claiming priority under any First Appeal No.1798 of 2011 10 of the above categories shall be required to furnish an undertaking on non-judicial stamp paper of Rs.15/-. That in case of misrepresentation or misuse of priority by sale, lease, transfer of connection or change of name within 5 years from the date of release of connection, his connection shall be disconnected. A note to this effect shall be made on agreement and undertaking shall be tagged to the A7A Form to be kept in safe custody as per Regulation no.32.
6. From perusal of above referred evidence on the record, we hold that on spot checking by the OPs, it was found that the wheat crop was standing in the field of the complainant, where the specified category of Drip/Micro Irrigation electricity connection was installed. It is also evident in the report that stubbles of paddy crop were then lying in the field. There was no vegetable crop in the said field for which this specified category of electricity connection was granted to the complainant. The inference is clear that no vegetables or pulses were grown by the complainant in his land/field for which kind, he had taken this specified category of electricity connection on priority basis. The complainant is proved to be misusing the same by violating his undertaking contained in indemnity bond and his affidavit given to the OPs. The complainant cannot be permitted to misuse the electricity and then get the concession at the same time for the specified category. The electricity connection of special category was provided to the complainant for Drip/micro irrigation First Appeal No.1798 of 2011 11 system has rightly been disconnected by the OPs on its misuser by the complainant, as found on the record. The District Forum after evaluating the above referred evidence on the record has come to this conclusion that on spot inspection on 21.03.2011, it was found that the electricity connection of special category granted to the complainant was checked and the drip system was found to be removed and water from tubewell was found to be running in the water channel through pipes and wheat crop was growing in the field of the complainant. The complainant was found misusing the electricity connection of special category taken on priority basis, vide Ex.R-12 on the record. There was no question of growing wheat crop or paddy crop by the complainant, because this special type of Drip Micro irrigation system connection taken for the purpose of growing vegetables and pulses only, under the special concession scheme launched by the Authorities. The District Forum has thus not committed any illegality or material infirmity in dismissing the complaint of the complainant on account of misusing the special electricity connection taken by him on priority basis.
7. In the light of our above discussions, there is no merit in the appeal and the same is hereby dismissed by affirming the order of the District Forum Fatehgarh Sahib dated 19.10.2011.
8. Arguments in this appeal were heard on 21.05.2015 and the order was reserved. Now the order be communicated to the First Appeal No.1798 of 2011 12 parties. The appeal could not be decided within the statutory period due to heavy pendency of court cases.
(J. S. KLAR) PRESIDING JUDICIAL MEMBER (VINOD KUMAR GUPTA) MEMBER (H.S.GURAM) MEMBER May 26, 2015.
(MM)