SURJIT SINGH vs PUNJAB STATE ELECTRICITY BOARD

IT''s an appeal against the order dated 17.5.2000 of the District Consumer Disputes Redressal Forum, Ferozepur (hereinafter called the District Forum).

BROADLY the case of the appellant-complainant (hereinafter called the complainant) before the District Forum was that he had purchased 12 kanals of land which included Rectangle No. 8 Killa No. 4 situated in village Lakhmir Ke Hithar, Tehsil and District Ferozepur along with electric connection No. C-7/1345 from Shri Tulsa Singh his father vide his affidavit dated 29.11.1994 (Ex. C-2). Along with the sale of the land the electric connection was also transferred in favour of the complainant and for that purpose Shri Tulsa Singh had given an affidavit in favour of the complainant on the basis of which the respondent-opposite party (hereinafter called the opposite party) had transferred the connection in the name of the complainant. His connection was disconnected by the opposite party which was not in accordance with the law. He, thus, prayed in his complaint before the District Forum that the opposite party be directed to restore the connection to him. Opposite party contested the claim of the complainant in its reply. Opposite party stated in its reply that the complainant had filed a similar complaint on the same cause of action which was registered as Case No. 126 of 1998 and that complaint was dismissed as withdrawn by the District Forum on 17.11.1998. Deficiency in service on the part of the opposite party has been denied.

After hearing the learned Counsels for the parties and after having gone through the record of the case, District Forum dismissed the complaint. Hence this appeal.

WE have gone through the order of the District Forum as well as record of the case minutely. WE do not find any infirmity in the order of the District Forum. Though the complainant had asserted in his complaint that he had purchased 12 kanals of land which included Rectangle No. 8 Killa No. 4 along with electric connection No. C-7/1435 dated 29.11.1994 (Ex. C-2) but no evidence has been produced by the complainant that the opposite party had ever released connection No. C-7/1435 to Shri Tulsa Singh and the same was installed in Rectangle No. 8 Killa No. 4. Affidavit of Shri Tulsa Singh was also not produced to the effect that connection No. C-7/1435 was released by the opposite party to Tulsa Singh and the same was installed in his land comprising Rectangle No. 8 Killa No. 4. On the other hand, the case of the opposite party is that the above said connection was never released in the name of Tulsa Singh. Connection No. C-7/1345 was released to Tulsa Singh which was transferred by him to Hari Singh vide his affidavit dated 10.8.1994 Ex. R-2. The present complaint is regarding connection No. C-7/1435. When the opposite party had not released connection No. C-7/1435 to Tulsa Singh, then how Tulsa Singh could transfer the said connection to the complainant and the opposite party could transfer the same in the name of the complainant. The complainant had, thus, failed to establish that connection No. C-7/1435 was released by the opposite party to Tulsa Singh and the same was installed in his land comprising Rectangle No. 8 Killa No. 4. District Forum has rightly held that the complainant had failed to prove that the said connection was transferred by the opposite party in his name. In these circumstances, we do not find any merit in this appeal, which is hereby dismissed. Appeal dismissed.