BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KINNAUR AT RECONGPEO, H.P ( Camp at Rampur)
Complaint No. 1/2011
Presented On: 30.5.2011
Decided On: 23.3.2015
………………………………………………………………
Sh. Jagat Singh Negi Advocate Ex-M.L.A, V.P.O Kalpa, Tehsil
Kalpa, District Kinnaur, H.P.
…..Complainant
Versus
1. The H.P. State Electricity Board through its Secretary HPSEB
Headquarter Kumar House Shimla-4
2. Xen-HPSEB Division Reckong Peo
…..Opposite parties
………………………………………………………………………………..
CORAM
Sh. K.S.Chandel, President
Sh. Vijay Kumar Negi, Member
……………………………………………………………………..
For the complainant: Sh. Suresh Kumar Negi, Advocate
For the Opposite Party: Sh. Ajeet Singh Negi, Advocate along with
Sr. Executive Engineer on behalf of OP
( Though Ex-parte)
………………………………………………………………………………..
ORDER:.
K.S.CHANDEL,( District Judge) President
The complainant Jagat Singh Negi has preferred this
complaint under section 11 & 12 of Consumer Protection Act, 1986
against the opposite parties (hereinafter referred as OPs for short)
claiming deficiency in service as well as unfair trade practice by the OPs.
The complainant has pleaded and claimed to be consumer of the OP as
the only supplier for electricity for domestic and commercial
consumption of electricity in entire District of Kinnaur. The complainant
has further claimed that since January, 2011 supply of the electricity to
the consumers in the Kinnaur District including the complainant has
been very irregular, irritating and inadequate and thereby deficient as the
electricity supply has been only for few hours daily and at times there is
no electricity for days together despite repeated complaints by the
complainant , but, the OP has failed to restore the electricity supply, as
such, the complainant is unable to use his electric gadgets and appliances
such as computer, T.V, food processor etc for his daily needs and as such,
complainant has sought compensation of Rs. 1,00,000/- for deficiency in


service as well as compensation for mental harassment including litigation
expenses. The complaint is duly supported with an affidavit of the
complainant.
2. In reply the OP has taken preliminary objections that the
complaint is not maintainable and further claiming that there is no
deficiency in service. On merits, the OP has pleaded and claimed that
there is no irregular supply of electricity in the Kinnaur District however,
due to unscientific and uncontrolled blasting ongoing widening
construction work of NH-22 the electric line and electric pole of both old
and new feeder usually get damaged and for this reason the supply of
electricity is irregular. The OP has further claimed that despite request to
the National Highway Authorities not to carried out the construction work
in the manner of unscientific and uncontrolled blasting at the site of
electricity line and pole and further the national highway -22 is a targeted
work and the same is also in the larger interest of the public. The OP has
further pleaded and claimed that immediately after the damage to the
electric lines is restored expeditiously. However, it takes time due to the
reason that electric line laid down in zig- zag manner and across the
Satluj river due to the corridor constraints and it requires 80 labourers at a
time to restore the same it being 22KV line. The OP has further claimed
that due to hostile topography and tough terrain of narrow valley it is not
easy to shift the electric pole and line to safer place. However, OP has
claimed shifting the electric line on the 220 KV tower line for which the
construction work is in progress. The OP has further claimed that the
electricity supply is also obstructed some time due to natural reasons like
heavy snow fall , heavy rain, falling of boulders on the electric line /poles
including landslides. The OP has denied any deficiency in service as
pleaded and claimed by the complainant and as such has sought for the
dismissal of the complaint. The reply is duly accompanied with an
affidavit of Engineer S.K.Kaul.
3. In rejoinder the complainant has denied preliminary objections
taken by the OP and on merits the plea of the OP has been denied and the
contents of the complaint have been reiterated .
4. We have heard the ld. Counsel for the parties and considered the
record carefully.
5. The complainant in his affidavit has claimed that he being regular
consumer of electricity supplied by the OP and thereby making payment


regularly of the electricity consumption, but, the OP has failed to provide
the proper services as the supply of electricity to the consumers of District
Kinnaur including himself since 2011 is irregular, irritating and
inadequate till today as the supply of electricity hardly one hour for the
whole day and, as such, the consumers suffer due to fluctuating supply of
electricity which caused damages to the electrical appliances and thereby
consumers have forced to shift the other alternatives of the electricity for
their daily needs and, as such, the complainant has sought compensation
and further direction for the regular/proper supply of electricity. The
complainant has brought on record an affidavit of one Sh. Atma Ram ,
R/o Village and Post Office Brelangi, Tehsil Kalpa District Kinnaur and
an affidavit of Sh. Neegam Singh R/o Village and post office Powari,
Tehsil Kalpa, District Kinnaur as these persons have also claimed
deficiency in service for the supply of electricity and have further claimed
that since January, 2011 electricity supply is very irregular, irritating
and inadequate and it is hardly for one hour in the whole day and the
consumers have to suffer without electricity and because of fluctuating
supply of electricity it caused damages to the electric appliances.
6. The OP has been proceeded ex-parte vide order dated 29.10.2011
however, thereafter the OPs have been joining the proceedings and the
Executive Engineer of OP has brought on record abstract of register
maintained to record the supply of electricity in which the detail of
electricity supplied from January, 2011 to June 2011 have been shown
including the non supply of the electricity for the reasons thereof. Since,
the OP has been proceeded ex-parte and thereafter though the OP has
brought on record the abstract of register maintained to record for supply
of electricity during the above mentioned period, but, the same cannot be
taken into consideration without getting the ex-parte order against the OP
is set aside and moreover there is no certificate to this abstract of register
that it has been duly maintained in ordinary course of business by the OP
and, as such, the plea of the complainant has gone unrebutted by the OP.
Therefore, it is established by the complainant on record that the OP has
failed to provide electricity supply despite repeated request and thereby it
amounts to deficiency in service more particularly when the OP in its
reply has specifically pleaded that the electricity supply is disrupted by
unscientific and uncontrolled blasting by National Highway Authorities
causing damages to the electric poles and it takes time for restoration of
electrical line taking into consideration the hostile topography of the area


including the man power required which is not available with the OP at
times and further the obstructions and some time due to natural reasons
but no such fact find mentioned in the abstract of register maintained by
the OP. Therefore, the complainant has been able to establish and prove
that the OP has failed to provide the regular supply of the electricity and
thereby the complainant along with affidavits of Atma Ram and
Sh. Neegam Singh who could not use their electrical appliances for
domestic use for daily needs and due to fluctuating electricity supply
suffered damages and as such, the present complaint is allowed and the
OP is directed to restore the proper electricity supply and to restore the
same within reasonable time when the same is blocked due to the reasons
beyond the control of the OP and to maintain the proper record for supply
of electricity including the reasons for disruption and restoration of
electricity supply thereof. The complainant is also entitled for
compensation as a result of deficiency in service by the OP including
harassment to Rs. 50,000/-. The OP is directed to pay this amount within
45 days from the receipt to the copy of the order. Hence, the present
complaint stands allowed. Copy of this order be supplied to the parties
free of cost as per rules.
Announced on this 23rd day of March ,2015
( K.S.Chandel)
President
(Vijay Kumar Negi)
Member
(Mahajan