STATE CONSUMER DISPUTES REDRESSAL COMMISSION
PUNJAB, DAKSHIN MARG, SECTOR -37 A, CHANDIGARH
First Appeal No.253 of 2021
Date of Institution : 26.07.2021
Date of Decision : 30.11.2022
Punjab State Power Corporation Limited, Sub Division Mudki, District
Ferozepur, through its authorized signatory. PIN Code:- 142060.
…..Appellant/ Opposite Party
Versus
Inderjit Singh son of Darbara Singh, aged 54 years, resident of
Village Bhaloor, Tehsil Baghapurana, District Moga, Pin Code
142038, Mobile No.98552-02160.
…..Respondent/Complainant
First
Appeal
under
Section
41
of
Consumer Protection Act, 2019 against
orders dated 09.03.2021 passed by the
District Consumer Disputes Redressal
Commission, Ferozepur.
Quorum:-
Hon’ble Mrs. Justice Daya Chaudhary, President
Present:-
For the appellant
: Sh. Vaibhav Narang, Advocate
For the respondent
: None
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
JUSTICE DAYA CHAUDHARY, PRESIDENT:-
The appellant-Punjab State Power Corporation Limited
through its Authorized Signatory has filed the present appeal under
Section 41 of the Consumer Protection Act, 2019 (in short the ‘Act’) to
2
First Appeal No.253 of 2021
challenge the impugned order dated 09.03.2021 passed by the
District Consumer Disputes Redressal Commission, Ferozepur
(hereinafter referred as the “District Commission”) in C.C. No.556 of
2019, whereby the complaint filed by respondent/complainant
was allowed. The relevant part of said order is reproduced as
under:-
“11. In view of what has been discussed above, the present
complaint
is
allowed
with
Rs.3000/-
as
consolidated
compensation for mental agony, pain and harassment as well
as litigation expenses and the opposite party is directed to
release the tube well connection after completing the remaining
formalities to the complainant within two months from the date
of receipt of copy of order.”
2.
There was a delay of 42 days in filing of the appeal. M.A.
No.800 of 2021 was filed which was supported by an affidavit of Sh.
Satwinder Singh Sodhi, Additional Superintending Engineer, City
Division of the PSPCL. Delay of 42 days in filing of the appeal was
condoned vide order dated 10.01.2022 and said M.A. was disposed
of.
3.
It would be apposite to mention that hereinafter the
parties will be referred, as have been arrayed before the District
Commission.
4.
Briefly, the facts of the case as mentioned in the
complaint filed by the complainant Inderjit Singh before the District
Commission which are necessary to reach to the conclusion that he
3
First Appeal No.253 of 2021
applied for AP tubewell motor connection of 7.5 HP with OP and also
deposited an amount of Rs.1600/- on 31.03.2013 as per demand
made by the OP. The complainant also completed all necessary
formalities and supplied all the required documents. The complainant
approached the OP on a number of occasions but still tubewell motor
connection was not released and matter was put off on one pretext or
the other. Thereafter, again an amount of Rs.4500/- was deposited
against proper receipt and thereafter again an amount of Rs.98,945/-
was deposited on 14.11.2018. Thereafter, an amount of Rs.400/- was
deposited for enhancement of motor connection from 7.5 HP to 10
HP. An assurance was given to release the connection but still
nothing was done by the OP. Stating to be a case of ‘deficiency in
service’ and allegations of ‘unfair trade practice’ on the part of OP
the complaint was filed before the District Commission for direction to
install the electric tubewell connection and to pay Rs.3,00,000/- as
compensation on account of causing mental agony, pain and
harassment an