Complaint Case No. 147/2023

Bunde Ali Khan S/o Sri Abdul Wahid Khan Ex Sanaik   R/o Ismailpur Mazra Hasanpur Thana gangari Tehsil Atrauli, Aligarh

V/s

1. Chief Engineer Vitran Aligarh Region Ramghat Road, Aligarh
2. EXECUTIVE ENGINEER Electricity Distribution Division-VI Lal Diggi Aligarh.
3. SDO,  Vidyut Vitran Upkhand II under Electricity Distribution Division-VI Lal Diggi, Aligarh
4. Avar Abhiyanta 33/11 KV Vidyut Upkendra Gangari Aligarh

(Through Advocate Rekha Verma)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Ops be directed not to remove the electricity line and reconnect the electricity tube bell connection.
2. The Ops be directed to pay the damages Rs.100000 / caused to the crop for want of water.
3. Cost of the case Rs.20000/.  

2. Complainant has stated that he was sanctioned electricity connection on 7.9.2021 for tube-well of 10 HP. He has been regularly making payment of the electricity bills and he has paid electricity bill up to the month July,2023. One person namely Salim Kha has enmity with the complainant and on the basis of his false complaint, electricity tube well connection was disconnected on 11.07.2023. On account of disconnection of the tube well connection, the paddy crop standing at the field damaged for want of water whereby economic loss and mental agony caused to the complainant. Complainant has suffered loss and OP is liable to pay compensation. Complainant has stated in his replication that loss suffered by him is assessed Rs.100000/. Complainant has further stated that the connection was arbitrarily disconnected whereas the connection was granted at Khata Sankhya 00257 khasra no.87 Area 0.1860 situated at village Hasanpur for agriculture purpose. There is no specific complaint of selling the water to other farmers. Ops are bound to supply the electricity to the complainant under clause 4.1 and Ops are under obligation to serve the notice for disconnecting the connection under clause 4.36 of the code which was not served on the complainant in the manner provided u/s 171 of the Electricity Act. It is wrongly stated by Ops that the connection was obtained for nonagricultural purpose by playing fraud  and it is also wrong  that the illicit business of selling the water is carried out by the complainant. 
3. Ops stated in their WS that the complaint was received against the complainant and committee were constituted to conduct the enquiry and connection was disconnected on the basis of report of the enquiry committee. The connection was disconnected as per rules as complainant  was found guilty of selling the water to other farmers. Ops have stated that on the complaint dated 26.4.2023 made by Salim for selling water to farmers and as per letter dated 31.10.2022 of the irrigation department, connection was disconnected.
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Ops have filed the application form moved by the complainant to grant electricity tube well connection of 10HP and the report of concerned JE to sanction the electricity connection for irrigation. The Ops have also filled extract of Khatauni of the Fasli year 1423-1428 of khata sankhya 002257 Gata No. 87   area 0.1860 which contains the name of complainant as Bhumidhar. Ops have filed the estimate of the amount Rs.134664/ for service connection charges etc. which was deposited by complainant. Thus it is evident that the tube well connection was sanctioned to the complainant at the agriculture land for irrigation.
8. Ops have filed complaint dated 3.12.2021 moved by Salim to the Chief Engineer to cancel the connection on allegations of installation of tube well at  Gata no. 87 alleging it residential land where a gher and house are constructed. Ops have filed another complaint dated 15.06 2022 moved by Salim to the Chairman of the UP Power Corporation to remove the connection of the complainant with allegations that the tube well was installed at Gher where no farming is carried out and water is sold to other farmers. Ops have filed office memo dated 4.10.2021 whereby Executive Engineer constituted a committee to enquire into the complainant made by Salim. Committee submitted report dated 28.10.2021 to Superintendent  Engineer in which it was reported that the complainant has a Khet of 1.2 Bigha where PTW boring was installed and boundary wall  was constructed. The connection was obtained at that boring and  there are house and fields. It was also reported that complainant has another chak about 300 meter away from this boring and underground pipeline was laid by the complainant for its irrigation. It was concluded in the report that connection would be used for agriculture purpose. The enquiry report dated 28.10.2021 was  submitted to the Superintendent Engineer who raised queries vide its office memo dated 21.12.2021. The Executive Engineer answered the queries vide its letter dated 4.1.2022. It was mentioned by the Executive Engineer that the land where electricity connection was sought, a room is constructed for cattle and the remaining part is open, Jai (जई) (cattle feed) was shown there.  Adjacent to the land houses are constructed. There is no land conversion U/s 143.Lekhpal had also entered in Khatauni irrigated and non-irrigated crop. It was also mentioned that complainant had also 4.5 Bigha land and underground pipe line laid by  him  for irrigation of that land. Ops have filed complaint dated 26.4.2023 moved by Salim to the Chief Engineer and allegations were reiterated and the explanation was sought from Executive Engineer by the Superintendent Engineer .Ops have filed GO dated 31.10.2022 issued by the Chief Engineer, minor irrigation for compliance of direction of the GO whereby it was informed that the tube well connection was granted to the complainant on 7.9.2021 and GO dated 31.10.2022 issued by minor irrigation department is not applicable as the said GO was not in existence while granting connection to the complainant.                 
9. It is evident from all documentary proof  filed by the ops that the electricity tube well connection was sanctioned to the complainant on 7.9.2021 having completed formalities and having deposited the estimate Rs. 134664/ at the agriculture land of which complainant is Bhumidhar and its use was not converted U/s 143. There was constructed a cattle shed and the crop of cattle feed was grown. Complainant also owns other chak where water is supplied through underground pipeline from the said tubewell. There are houses and field adjacent to the field of tube well .which do not change the nature of the field where the tube well is installed. The allegation of selling the water to other farmer is not well founded. The GO dated 31.10.2022 issued by the minor irrigation department is not applicable to the tube well connection granted in the year 2021. There is no substance in the allegations made in the complaint by Salim. There is no evidence that the complaint was served with the notice required under clause 4.36 of code 2005 prior to disconnection of the connection. Thus we found that the tube well connection was illegally disconnected and has not been permanently disconnected so far and may be reconnected.
10. Question is formulated in favour of complainant.    
11. We hereby direct the Ops to reconnected the tube well connection within two weeks, failing which OP no.3 shall be penalized for default at Rs.100/ per day default. Ops shall also pay Rs.10000/ for litigation expenses.  
12. Ops shall comply with the direction, failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
13. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
14. File be consigned to record room along with a copy of this judgment.