Date of Institution : 24.03.2014                                                                                                                                                                         Date of decision :      10.07.2015

1.      Punjab State Power Corporation Limited, Patiala through its    Chairman cum Managing Director.

2.      Punjab State Power Corporation Ltd., 220 KV, Ferozepur Cantt.,      through its Superintending Engineer.

3.      Punjab State Power Corporation Limited, City Division,   Ferozepur through its Senior Executive Engineer.

4.      Punjab State Power Corporation Limited, Sub-Division, Ferozeshah, Assistant Engineer.

…...Appellants/Opposite Parties

Versus

Balpreet Singh s/o Mukhtiar Singh r/o Village Mana Singh Wala, Tehsil and District Ferozepur.

…...Respondent/Complainant

          First Appeal against the order dated 31.01.2014 passed by the District    Consumer Disputes Redressal Forum,           Ferozepur.

Quorum:-

                   Hon’ble Mr. Justice Gurdev Singh, President

                        Shri Baldev Singh Sekhon, Member

Present:-

          For the appellants       :         Sh. R.S.Bains, Advocate

          For the respondent      :         Sh. Vinod Khunger, Advocate

BALDEV SINGH SEKHON, MEMBER

          This appeal has been filed by the appellants/opposite parties against the order dated 31.01.2014 passed by the District Consumer Disputes Redressal Forum, Ferozepur  (in short “District Forum”), vide which the complaint filed by the respondent/complainant was allowed and opposite parties (in short 'OPs') were directed to pay to the complainant a sum of Rs.1,04,716/- alongwith interest @ 9% per annum from the date of loss till realization thereof. They were further directed to pay a sum of Rs.5,000/- as compensation for mental agony, pain and harassment suffered by him and Rs.3000/- as litigation expenses.  

2.      Briefly stated, the facts of the case are that the complainant was owner in cultivating possession of the land measuring 4 Killas situated at Village Mana Singh Wala, Tehsil and District Ferozepur, where he had sown wheat crop for the Rabi season 2012-2013 on which he spent huge amount and provided sufficient labour. It was pleaded that when the said wheat crop was ready for harvesting in the second week of April, 2013, a fire incidence took place on 16.4.2013 due to electric spark/short circuit from GO Switch installed on the poles of 24 hours electric supply line and which was passing through his land. It was further pleaded that said GO switch remained defective and he, alongwith other farmers of the area, had been requesting OPs many times to set the same right. However, the OPs always put off the matter  and failed to provide necessary safe guard. It was further pleaded that the ripened wheat crop in the four killas of his land, weighing about 78.16 quintals, was totally burnt in the fire incidence, thereby causing him a loss to the tune of Rs.1,04,716/-. The said fire also damaged the wheat crop of other adjoining farmers namely Jaswinder Singh, Gurpreet Singh, Sadhu Singh, Jagtar Singh, Ranjit Singh, Pritam Singh and Bhupinder Singh. The Fire Brigade was immediately called at the spot and it managed to extinguish the fire with great efforts. The matter was immediately brought to the notice of OPs No. 2 to 4. Even the Deputy Commissioner, Ferozepur alongwith other officials of the local administration, immediately visited the spot. DDR No.22 dated 16.4.2013 was also lodged with the Police Station, Ghall Khurd about the burning of the crops due to the electric spark/short circuit. OPs No. 2 to 4 also reached the spot and after inspection, they gave assurance that the affected farmers would be compensated. A news item regarding the said loss also appeared in Daily Ajit dated 17.4.2013.  In all, about of 75 acres of wheat crop, including that of the complainant, was damaged in the said incidence. The report of the Chief Agriculture Officer qua the assessment of loss, in question, was also obtained. Since the incidence took place  on account of negligence on the part of the officials of  OPs, they are legally bound to pay compensation to the effected farmers. The complainant, alongwith other effected farmers/land owners, approached OPs No. 2 to 4 number of times to pay them the compensation qua the loss as per the assessment made by the competent authority. However, they did not pay any heed and lingered on the matter on one pretext or the other. The complainant also made a written representation-cum-claim dated 3.5.2013 to the OPs by hand as well as through registered cover requesting them to pay the compensation. But, even no reply was given to the said representation.  In the complaint filed before the District Forum, he sought directions to the OPs to pay him Rs.1,04,716/- as costs of burnt wheat crop alongwith interest @ 2% per annum from 16.4.2013 till realization. A compensation to the tune of Rs.50,000/-  on account of mental agony, un-necessary harassment, besides Rs. 5500/- as litigation expenses, was also prayed.

3.      Upon notice, OPs appeared and filed their joint written reply raising preliminary objections that the complainant did not fall within the definition of consumer; and that the appointment of the Local Commissioner at their back was illegal and  not binding upon them as the version given by one of the officials of the OP is simply hearsay as he was not serving in the Ferozeshah Sub Division in any capacity at the time of alleged incidence. It was denied that any electric line was passing through the fields of the complainant or other affected farmers.  Infact, the same was passing only along the 'pacca' mettled road. It was further pleaded that no electric pole, pertaining to 24 hours electric line, was existing in the land of the complainant. Moreover, no complaint regarding the alleged condition of the electric wire was ever made by him or any other resident of the village prior to the alleged incidence. It was denied that fire took place on account of any deficiency in service on their parts. They always checked the wires, poles, electric equipments and transformer on regular basis and everything was in order. Denying all other allegations, dismissal of the complaint was prayed.

4.      Parties lead their evidence, by way of affidavits and documents, before the District Forum, which after going through the same, allowed the complaint, in aforesaid terms.

5.      Aggrieved by this order, the OPs have come up in appeal on the ground that the learned District Forum has allowed the complaint only on the basis of oral allegation that fire took place on account of electric short circuit/sparking. But no record or any written application/representation, written to OPs, was placed on record as evidence regarding the same. It was further submitted that no electric poll of 24 hours line was existing on the land of the complainant. The report of the Local Commissioner also does not say that the 11 KV line was passing through the fields of the complainant. Although, after the fire incidence, complainant alongwith other farmers, made a written representation dated 3.5.2013 asking for  the compensation, but, they never sent any written application prior to the incidence intimating any defect in the GO switch. It was further submitted that as per instructions of the Govt. of Punjab, issued vide Memo No.4/10/2005-2-DM-1/1264 dated 30.3.2007, maximum compensation can be allowed @ Rs.5000/- per acre, whereas, District Forum has awarded Rs.26,179/- per acre as compensation. Acceptance of the appeal and setting aside of the impugned order was prayed.

6.      Learned counsel for the complainant submitted that there was no merit in the appeal as the District Forum has reached the correct conclusion on the basis of the evidence led by the complainant.

7.      We have thoroughly gone through the pleadings of the parties, have carefully perused the evidence on record and heard the learned counsel of the parties on their behalf.

8.      It is not disputed that a fire incidence took place on 16.4.2013 in the fields of complainant as well as adjoining farmers, which was brought under control by the Fire Brigade. In this regard, a DDR No.22 dated 16.4.2013 (Ex.C-8) was registered at the Police Station Ghall Khurd. The report of the Fire Brigade, Ex.C-10, confirms that intimation regarding the fire incidence was received by it at 15:02 PM on 16.4.2013 and the same was extinguished by it. The perusal of the DDR (Ex.C-8) confirms that Deputy Commissioner, Ferozepur, concerned Tehsildar as well as officers of the OPs were also present at site and the instructions were issued to the Patwari and the Tehsildar to  assess the loss caused to the affected farmers. It has been also mentioned in the DDR that 60/65 acres of standing wheat crop was damaged in the fire caused on account of sparking from electric line. Thereafter, SDM Ferozepur submitted his report, Ex.C-14, in which also it is mentioned that damage to standing wheat crop in 45 acres, amounting to Rs.12,15,000/-, was caused in the fire incidence that occurred due to sparking of electric wires. This report was forwarded by  Deputy Commissioner, Ferozepur to Superintending Engineer, PSPCL, Ferozepur vide letter dated 17.6.2013 (Ex.C-13) for further action. Though the OPs have denied that the fire incidence took place due to electric sparking/short circuit from the GO switch of 11 KV 24 hours line, but, they have failed to place on record any document to substantiate their averments. On the contrary, in the report Ex.C-13 it is specifically mentioned that fire took place due to sparking from electric wires. In the DDR registered with Police Station Ghall Khurd it is specified that the officers of the OPs were present at site. Still, they have failed to rebut the allegations and to establish that their electric line was in perfect condition. The report of the Local Commissioner, appointed by the District Forum, shows that the GO switch of the 24 hours 11 KV line, from which the alleged sparking was reported to have taken place on 16.4.2013, was not existing at site on 2.8.2013. It has not been explained by the OPs why this GO switch was removed. The Local Commissioner placed on record the statement of  Sh. Santokh Singh, SDO, PSPCL, Feroz Shah recorded by him at site. This statement was given by SDO on the basis of the information supplied by Sh. Sushil Arora, JE, who was also present at site at that time. In his statement, he has mentioned that the GO switch was removed by orders from D.C. NO evidence of Sh. Sushil Arora, JE to contradict the same has been proved by OPs.

9.      It is further seen that the complainant, alongwith other affected farmers, made  representations dated 3.5.2013 (Ex.C-4) to the Chairman, PSPCL alongwith Superintending Engineer, Senior Executive Engineer and the Assistant Engineer of the area, in which, besides giving intimation regarding the loss caused to their standing wheat crops, it was specifically alleged that fire was caused due to sparking/short circuit from the 3 wire, 24 hours line which remained defective. Compensation to the tune of Rs.1,04,716/- was also sought for the loss suffered by the complainant. But, OPs have neither replied this representation nor placed on record any document to rebut the allegations made against them. Their studied silence as well as the removal of the faulty GO switch confirms that the fire had taken place on account of sparking from the  GO switch of 11 KV, 24 hours Manawala supply line. OPs have placed on record the copies of the log book, maintained at sub station, alongwith their grounds of appeal as 'Annexure A-5', in which, it is mentioned that 11 KV Mana Singh Wala feeder remained tripped from 14:45 hours to 14:50 hours on 16.4.2013. This time of tripping coincides with the time of incidence of fire as mentioned in the report of the fire brigade (Ex.C-10).  Report of SDM Ferozepur (Ex.C-13), which remained un-rebutted, also confirms that the fire incidence that took place on 16.4.2013 in the fields of complainant and adjoining farmers, was caused due to negligence on the part of OPs.

10.    The OPs have also contended that as per instructions issued by the Govt. of Punjab dated 30.03.2007 (Ex. OP 1 to 4/2), which were adopted by the OPs vide their letter dated 18.01.2008, maximum compensation on account of damage to the wheat crop can be granted @ Rs.5000/- per acre whereas the learned District Forum has allowed the compensation @ Rs.26,179/- per acre. On going through the said instructions of the Punjab Govt., it is noted the relief for the damage caused on account of 'natural calamities' was to be granted as per these norms. But the fire incidence that occurred due to negligence of the OPs, cannot be termed as a natural calamity. Learned District Forum has further relied upon the condition No.137 of Allocation of Powers, reprint addition amended up to date 30.4.2008, issued by Punjab State Electricity Board, Patiala, in which, Superintending Engineer is authorized to give sanction for compensation for the loss to the crop or other property on account of short circuiting of fire, cable or conductor on the basis of assessment to be made with the help of civil authorities. The complainant has proved on record the assessment of loss per acre as Ex.C-9, which is duly verified by the Chief Agriculture Officer, Ferozepur. It is mentioned therein that net income per acre of the wheat amounted to Rs.26,179/-. Thus, the amount of compensation awarded by learned District Forum is found to be in order.

11.    In view of the above findings, the appeal of the OPs, which is devoid of any merit, is dismissed and the impugned order of the District Forum is affirmed and upheld. No order as to costs.

12.    A sum of Rs. 25,000/- was deposited by the appellants at the time of filing of the appeal before this Commission. Another amount of Rs.36,070/- was deposited by them vide receipt No. 179702 dated 21.04.2014 as per directions of this Commission. Both these amounts, alongwith interest which has accrued thereon, if any, shall be remitted by the registry to the respondent/complainant by way of a crossed cheque/demand draft after the expiry of 45 days.

13.    The arguments in this appeal were heard on 29.06.2015 and the order was reserved. Now, the order be communicated to the parties.

14.    The appeal could not be decided within the statutory period due to heavy pendency of the court cases.  

                                                                                                              (JUSTICE GURDEV SINGH)

                                                                                                              PRESIDENT                                                                  

                                              (BALDEV SINGH SEKHON)   

                                          MEMBER

July 10, 2015                                                              

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