APPEARED AT THE TIME OF ARGUMENTS For the Petitioner | : | Mr. R. P. Mahur, Advocate |
PRONOUNCED ON: 31st MAY, 2016 O R D E R PER DR. B.C. GUPTA, PRESIDING MEMBER The complainant Zia-Ur-Rehman, resident of gali no. 11, Lalita Park, Laxmi Nagar, Delhi filed consumer complaint no. 620/2015 before the District Consumer Disputes Redressal Forum, saying that there was an electric pole no. LNRA 467 near his house, which was unsafe for the life of his family, as there was heavy load of electric connection from the pole, resulting in the breaking out of fire many times. The complainant alleged that there was certain illegal connections from the said pole and electric cables were hanging, as a result of which, he could not carry out any construction/repair works etc. in front of his house. The complainant demanded that all illegal cables should be shifted to the proper electric pole, and a sum of Rs. 50,000/- should be paid to him as compensation for mental harassment and Rs. 2,000/- for cost of litigation. 2. In their reply, the opposite party (OP) BSES Yamuna Power Ltd. resisted the complaint, saying that the complainant did not have any cause of action to file the complaint. It was further stated that the complainant had extended his balcony in the street. Further, no complaint of fire due to heavy load had been received during the peak summer season on the alleged pole. The District Forum, vide their order dated 06.01.2016, dismissed the said complaint, saying that the relief sought by the complainant with regard to the removal of power cables of other consumers could not be the subject matter of the consumer dispute. There was no deficiency in service on the part of the respondent to the complainant. Being aggrieved against this order, the complainant challenged the same by way of appeal no. 64/2016, before the State Commission. The said appeal having been dismissed on 29.02.2016, the complainant is before this Commission by way of the present revision petition. 3. During hearing before me, the learned counsel for the petitioner stated that electric pole in question was situated very near to the house of the petitioner and there were electric wires/cables hanging from the same and the photographs of the same are on record. There was a need to transfer some of the electric connections to other electric poles in that area, so as to remove the grievance of the complainant. 4. A consideration of the pleas taken in the consumer complaint and the arguments advanced before me, as well as, considering the orders passed by the consumer fora below, it is made out that there is no allegation of deficiency in service on the part of the OPs towards the complainants, in so far as his own connection is concerned. The complainant has not been able to indicate anywhere, whether there was any evidence of fire having taken place, on or near the said pole. The findings given by the State Commission and the District Forum, therefore, do not merit interference at the revisional stage, as there is no irregularity or illegality or error in the orders passed by them. The revision petition is, therefore, without any merit and the same is ordered to be dismissed and the orders passed by the consumer fora upheld. 5. 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. |
