P S E B Vs. JAGDEV SINGH

JUDGEMENT

(1.) It is an appeal against the order dated 7.2.2001 of the District Consumer Disputes Redressal Forum, Ludhiana (hereinafter called the District Forum ).

(2.) Briefly stated the facts are that Shri Govinder Singh, the father of the respondent-complainant (hereinafter called the complainant) had applied for release of electric connection to the appellant-opposite party (hereinafter called the opposite party) for A. P. purpose, vide A and A Form dated 6.8.1985 and had deposited Rs.260/- vide Receipt No.19. Shri Gonvinder Singh - the father of the complainant had died on 24.3.1991. The complainant had informed the opposite party and had filed the affidavit regarding the death of Shri Govinder Singh who was killed by the extremists. The complainant had submitted his affidavit on 11.4.1997 to the opposite party with regard to the death of his father. Opposite party had changed the electric connection in the name of the complainant and got filled the A and A Form from the complainant on 26.3.1997. Opposite party issued demand notice dated 26.3.1997 in favour of the complainant. The complainant had submitted the test report in compliance to the demand notice issued by the opposite party along with the demand draft of Rs.4,000/- in favour of the opposite party on 11.4.1997. It was then stated on the complaint that the complainant had complied with all the requirements/formalities for release of electric connection for the tubewell. The opposite party under the relevant rules was under legal obligation to release the electric connection to the complainant within a period of 6 months from the date of issue of the demand notice and the submission of the test report. The opposite party failed to release the electric connection to the complainant within the stipulated period and had committed deficiency in service. It was then stated in the complaint that the complainant had approached the opposite party with the request to release electric connection to the complainant but the opposite party remained diily-dallying the matter on one pretext or the other. Representations made by the complainant to the opposite party were not properly attended to. Ultimately, a prayer was made by the complainant before the District Forum that the opposite party be directed to pay the damages to the tune of Rs.25,000/- due to loss caused to the complainant, Rs.30,000/- on account of compensation due to negligence and deficiency in service and Rs.5,000/- as costs of the complaint.

(3.) Opposite party in the reply took the preliminary objections that the complaint was not maintainable since there was no deficiency in service on their part. The father of the complainant had applied in general category and his seniority number in the seniority list was 154. Only applicants of general category upto serial No.36 had been provided connection. It was then stated in the reply that the complainant was informed that as and when his turn will come he would be given the connection. It was admitted in the reply that the father of the complainant had applied for the electric connection and demand notice was issued. It was also admitted in the reply that the complainant had deposited Rs.4,000/-. Other formalities complied with the complainant after issuance of demand notice were not denied by the opposite party.