PUNJAB STATE ELECTRICITY BOARD Vs. MANBIR SINGH

JUDGEMENT

(1.) THIS is an appeal filed by PSEB (in short 'the appellant') against the order dated 7.3.2005 of the District Consumer Disputes Redressal Forum, Fatehgarh Sahib (in short, the 'District Forum') by which the complaint of the respondent was accepted by the District Forum.

(2.) BRIEF facts of the case are that respondent/complainant (hereinafter called the "respondent") applied for electric connection for 10 B.H.P. Tubewell/Motor connection for agricultural purpose and appellants suggested that there was no fund with the PSEB to draw the electric line and to instal the Electricity Transformer. It was also alleged that the appellants suggested that if the respondent wanted to get the connection released, then the expenses as referred above will be borne by the respondent to which the respondent agreed and had borne the expenses from his own pocket. It was also alleged that as per the advice of the appellant, the respondent had deposited Rs. 1,02,911 vide receipt dated 2.20.2001 under the OYT Scheme. The respondent also deposited Rs. 5,000 vide receipt dated 11.3.2000 under Circular 43/2K, special fee and also deposited Rs. 720 vide receipt dated 11.7.2000. It was also alleged that the respondent had purchased the electric transformer and other equipments from Jay -Bee Industrie Panchkula for Rs. 9,575 on 27.2.2001 on his own expenses. It was also alleged that the respondent had handed over all the purchased equipments to draw the line and to instal the electricity transformer. It was also alleged that no person can get released the connection from the said line without his consent and without giving any expenses to the respondent, which was borne by respondent. It was also alleged that the appellant in connivance with Karnail Singh wanted to give electric connection to him from the transformer installed by the respondent without his consent and without giving any compensation to him.

(3.) ON notice, appellant appeared and contested the complaint and had alleged that District Forum had no jurisdiction as the matter did not fall within the provisions bf Section 14(1), the respondent had no cause of action and the complaint was not maintainable. So far as the merits are concerned, it was admitted that the respondent had electric connection. It was also alleged that there was a policy of the PSEB known as 'Own Your Tubewell Scheme'. It was also admitted that the PSEB had issued a Circular No. 43/2000. It was also alleged that no electric connection was going to be released from the transformer purchased by the respondent, but electric line was being extended to instal the electric connection to Jit Singh, for which survey had already been conducted. It was alleged that the Board was empowered to place any wire/poles on any land belonging to anyone and that this Forum had no jurisdiction.