Delhi

East Delhi

EA/25/2018

ZIA UR REHMAN - Complainant(s)

Versus

B.S.E.S. - Opp.Party(s)

04 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

EX. NO. 25/18

 

Zia-Ur-Rehman

S/o Hafiz Jalies-Ur-Rehman

R/o 11/411-A, Lalita Park

Gali No. 11, Ek Minar Masjid

Laxmi Nagar, Delhi – 110 092                                                     ….DH

 

Vs.    

 

BSES Yamuna Power Ltd.

(Through its CEO)

Shakti Kiran Building

Karkardooma, Delhi – 110 092…JD

 

Date of Institution: 04.04.2018

Order Reserved on: 12.09.2018

Date of Order: 14.09.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

ORDER

            This execution petition has been filed by Shri Zia-Ur-Rehman against       BSES Yamuna Power Limited (OP) under Section 25 of the Consumer Protection Act, 1986.

2.         The facts in brief are that complainant Zia-Ur-Rehman filed an execution petition against BSES Yamuna Power Limited (OP) praying that BSES be summoned and directed to execute the order of Hon’ble National Consumer Disputes Redressal Commission (NCDRC) of dated 31.05.2016 particularly Para 5. 

            The facts in brief are that complainant Zia-Ur-Rehman filed consumer complaint no. 620/2015 before the District Consumer Disputes Redressal Forum (DCDRF) stating that an electric pole no. LNRA 467 near his house was unsafe for the life of his family as there was heavy load of electric connection from the pole which resulted in the breakout of fire many times. 

            He further alleged that there was certain illegal connections from the said pole and electric cable were handing as a result of which he could not carry any construction/repair work in front of his house.  He demanded shifting of illegal cables to the proper electric pole and a sum of               Rs. 50,000/- as compensation for mental harassment and Rs. 2,000/- for cost of litigation.

3.         BSES Yamuna Power Limited (OP) contested the complaint stating that complainant did not have any cause of action.  They further stated that complainant had extended his balcony in the street.  Further, they did not receive any complaint of fire due to heavy load.  The District Forum vide its order of dated 06.01.2016 dismissed this complaint, the appeal of which was also dismissed by the Hon’ble State Commission on 29.02.2016.  The complainant approached the Hon’ble National Consumer Disputes Redressal Commission through Revision Petition which was also dismissed.  However, the Hon’ble National Consumer Disputes Redressal Commission observed in Para 5 of the complaint as:

            “It is further observed that the OP Company, BSES Yamuna Power Ltd. should get a technical survey done in the area where the complainant lives, by sending a team of experts, so as to ensure that there are no loose wires, cables etc. hanging from the pole, which could be hazardous to the life and property of the complainant and other persons in the area.  The OP may take the necessary corrective steps, if required, after the said survey is done.  A copy of this order be, therefore, sent to the Chief Executive Officer of the OP for appropriate action.” 

            In reply, BSES Yamuna Power Limited (OP) have stated that complainant/DH have no cause of action.  It was a complete misuse of the process of law.  They further stated that observations made in Para 5 of the order were complied with and all the loose wires, cables etc. hanging from the pole, though, not hazardous were maintained and DH was satisfied with the corrective measures and since then, no complaint of fire due to heavy load has been received from the DH on the alleged pole no. LNRA 467.  They have filed the photographs.  Thus, they have prayed for dismissal of the application.

4.         We have heard Ld. Counsel for the parties and have perused the material placed on record.  The first and foremost point that arises for consideration has been as to whether the complainant could approach this Forum for execution of the order of Hon’ble National Consumer Disputes Redressal Commission after a period of more than two years. 

            A bare glance of the photos filed alongwith the reply show that these corrections have been made in the presence of the complainant as well as the officials of BSES.  The complainant have approached this Forum for compliance of the directions in Para 5 of the order of the National Commission after a period of more than two years.  If the complainant was not satisfied with the corrections which were to be carried out as observed in the order of the Hon’ble National Consumer Disputes Redressal Commission, the complainant should have immediately approached the Hon’ble National Consumer Disputes Redressal Commission and not to this Forum. 

            Though, the complainant should have approached the Hon’ble National Consumer Disputes Redressal Commission for compliance of its observations in Para 5 of the order, even if he has not approached it, his present application for compliance of the observations of the Hon’ble National Consumer Disputes Redressal Commission have no merit as BSES have fully complied with the directions as per the photographs placed on record.  Thus, this execution petition has no merit. 

            The complainant should have been vigilant in asserting his right, which he has asserted after a period of more than 2 years, though BSES have complied with the order.  It seems to be an afterthought which amounts to abuse of process of law.  The execution petition deserves its dismissal which should have been dismissed with cost, however, the complainant/petitioner being an old man, he is spared from this.  He is warned to be careful in future.  Thus, the execution is dismissed.  There is no order as to cost.    

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

                   President