SATWANT SINGH Vs. PUNJAB STATE ELECTRICITY BOARD & 2 ORS ; XEN, OPERATION DIVISION; ASSITANT ENGINEER,CITY SUB DIVISION

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 14-03-2012 passed by the learned tate Consumer Disputes Redressal Commission, Punjab (in short, 'the State Commission'), in Appeal No. 1867 of 2010 Satwant Singh Vs. Punjab State Electricity Board & Ors., by which while allowing appeal order of District Forum allowing complaint was set aside and complaint was dismissed.

(2.) Brief facts of the case are that complainant/petitioner had applied for a motor connection of 15 horse power under OYT Scheme under A/c No.30779 on 24.4.2008 and was directed by the OP/ Respondents to deposit an amount of Rs.93,697/- for the said connection. The complainant submitted the test report and deposited the said amount on 21.8.2009. His contention is that even after completing all the formalities, the connection was not granted to him, due to which, he suffered a loss of Rs.2 lacs. It was admitted that there is litigation pending in the Courts regarding the land where the electric connection is needed but his contention is that his possession over the land has been held to be legal and, therefore, he is entitled to get an electric connection thereon. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that the electric connection under OYT category can be given only to the owner of at least one acre of land but in this case, the complainant does not own any land. It was alleged that the land belongs to Samadh Baba Sujan Gir and the complainant claims to have entered into an agreement to purchase the said land from Darshan Gir who has since died and he had no right to sell the said land. It was admitted that the complainant had applied for the motor connection and a demand notice was issued to him. It was admitted that he has submitted the test report and also deposited an amount but he did not produce the latest Jamabandi of the land to prove that he owns the said land on which the electric connection is needed. Denying any deficiency OPs prayed for dismissal of the complaint.

(3.) Learned District Forum after hearing both the parties allowed complaint and directed opposite party to release tube well connection and pay Rs.20,000/- as compensation. Appeal filed by opposite party was allowed by learned State Commission vide impugned order against which this revision petition has filed.