STATE CONSUMER DISPUTES REDRESSALCOMMISSION, PUNJAB, CHANDIGARH First Appeal No.156 of 2023 Date of institution : 09.03.2023 Date of Decision : 13.03.2024 Kirpal Singh son of Gurdit Singh, resident of Village Jhugian Gulam, Tehsil and District Kapurthala.

…….Appellant/Complainant Versus

1. Punjab State Power Corporation Ltd., through its SDO, Sub Division Office City No.1, District Kapurthala.

2. Assistant Engineer, P.S.P.C.L. Sub Division Office City No.1, District Kaputhala.

3. Punjab State Power Corporation Ltd., through its Chairman, The Mall, Patiala.

…….Respondents/Opposite Parties First Appeal under Section 41 of the Consumer Protection Act, 2019 against the Order dated 09.11.2022 passed by the District Consumer Disputes Redressal Commission, Kapurthala in CC No.28 of 2020.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present :-

For the appellant : Ms.Somya Goyal, Advocate (Amicus Curiae)

For the respondents : Sh.Chetan Goyal, Advocate SIMARJOT KAUR, MEMBER This Appeal has been filed by the Appellant/Complainant under Section 41 of the Consumer Protection Act, 2019 (in short ‘The Act’) being aggrieved by the impugned Order dated 09.11.2022 passed by the District Consumer Disputes Redressal Commission, Kapurthala (in short ‘the District Commission’) whereby the Complaint of the Complainant had been partly allowed. 2. It would be apposite to mention that hereinafter the parties will be referred, as had been arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the complainant before the District Commission are that Complainant had obtained electricity connection bearing account number APM-3/147 from Opposite parties for his motor installed in the agriculture land situated at Village Jhugian Gulam, Tehsil and District Kapurthala. The Complainant was having a civil dispute with his brother namely Kewal Singh and he along with his companions had removed PVC wires on 24.09.2008 through which the electricity was being supplied to the electrical motor of the complainant from the pole. The Complainant had moved applications to the SDO of PSPCL to initiate legal action against Kewal Singh and to restore electricity supply for his motor. The OPs did not take any action in response to the applications moved by the Complainant. He had filed a consumer complaint against the OPs on 07.10.2020 vide CC No. 630-A of 2010 which was decided on 15.12.2010. Said complaint was decided in favor of the Complainant and OPs were directed to restore the electric connection with the help of police. Aggrieved by the order of District Consumer Dispute Redressal Forum, Jalandhar dated 15.12.2010, Kewal Singh the brother of Complainant filed First Appeal No. 255 of 2011 before the State Consumer Dispute Redressal Commission, Chandigarh which was dismissed on 20.02.2014. OPs had reinstalled his electric connection and after some time, again the electricity connection was disconnected by his brother Kewal Singh by removing the wire and he took the same with him. The complainant intimated the matter to the OPs and requested them to reinstall his connection but they did not take any action against Kewal Singh and others. They refused to restore the electricity connection also. The Complainant filed a Civil Suit No. 6180 of 2012 before Civil Judge (Senior Division), Kapurthala of case titled as "Kirpal Singh Vs. PSPCL" which was decreed on 16.09.2016. Vide said orders, the OPs were directed to reinstall the electric connection installed in the agricultural land of the Complainant. After that the defendants filed an appeal against the judgment and decree dated 16.09.2016 which is-still pending. The Complainant had filed Execution Application No. EXE/119/2017 in the Court of Ms.Jasbir Kaur, PCS, Civil Judge (Sr