Haryana

StateCommission

A/374/2017

UHBVNL - Complainant(s)

Versus

JAI SINGH - Opp.Party(s)

B.D.BHATIA

05 Apr 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      374 of 2017

Date of Institution:      31.03.2017

Date of Decision :      05.04.2018

 

Uttar Haryana Bijli Vitran Nigam Limited, Gharanunda through its Sub Divisional Officer (OP).

                                      Appellant-Opposite Party

Versus

 

Jai Singh s/o Sh. Raghunath, Resident of Village Bastara, Tehsil Gharaunda, District Karnal.

                                      Respondent-Complainant

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. Balbir Singh, Judicial Member.

                                                                                                         

Argued by:          Shri B.D. Bhatia, Advocate for appellant.

                             Shri Bhim Singh, Advocate for respondent.

 

                                                   O R D E R

 

BALBIR SINGH, JUDICIAL MEMBER

 

        This appeal has been preferred against the order dated December 13^th, 2016 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘the District Forum’).    

2.                Jai Singh-complainant (respondent herein) is owner in possession of agricultural land measuring 37 Kanals – 03 Marlas situated within the revenue estate of Village Bastara, District Karnal comprised in Khewat No.196 vide Jamabandi for the year 2011-2012. The complainant got installed a tubewell in his agricultural land and was provided electricity connection bearing No.ZA11-1027-F for running his tubewell by Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL)-Opposite Party (appellant herein). The electricity poles installed in the land owned by the complainant were connected with loose electricity wires. This fact was brought to the knowledge of the officials of the opposite party. On April 13^th, 2015 due to loose electricity wires short circuit occurred and standing wheat crop  in the land comprised Khasra No.3(6-19), 4/1(6-16) got burnt due to fire.  The total wheat crop standing in the above mentioned land burnt into ashes and was completely burnt. Information was given to the Station House Officer, Police Station Madhuban in this regard vide NCR No.42/2015 dated 27.04.2015 at Police Station Madhuban. Information was given to the opposite party and Halka Patwari was also informed immediately in this regard. Halka Patwari and other revenue officials also visited the spot and submitted their report regarding burning of wheat crop due to short circuit of the electricity. The complainant requested the opposite party to make payment of the total loss suffered by the complainant due to deficiency in service on the part of the opposite party.

3.                The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 with a prayer to direct the opposite party to pay an amount of Rs.1,00,000/-  as compensation on account of loss of crop to the complainant; an amount of Rs.10,000/- as compensation on account of un-necessary harassment and mental agony along with costs of litigation.

4.                The Opposite Party-UHBVNL in its written version has taken plea that the District Forum has no jurisdiction to decide this complaint; that the complainant has no cause of action and that the complaint is not maintainable in the present form.  It is denied that any such occurrence, as mentioned in the complaint, took place or that any loss was caused to the standing crop of the complainant. Moreover, as and when any such incident took place, the complainant should have informed the opposite party immediately. It is denied that any short circuit occurred due to the loose wires of the electricity poles and that any such occurrence took place. In fact, there was no loose wire on the electric poles situated in the land owned by the complainant. The report submitted by Halka Patwari regarding this fire incident has no legal value. The complainant is not entitled to receive any amount as claimed in the complaint. It is prayed that the complaint be dismissed.

5.                Parties led evidence in support of their respective claims before the District Forum.

6.                After hearing arguments, vide impugned order dated December 13^th, 2016 passed by the learned District Forum, the complaint filed by the complainant was allowed directing the opposite party to pay an amount of Rs.35,000/- to the complainant as compensation and to pay an amount of Rs.5500/- to the complainant on account of un-necessary harassment and mental agony.

7.                Aggrieved with the impugned order dated December 13^th, 2016 passed by the learned District Forum, the appellant-opposite party has filed the present First appeal No.374 of 2017 with a prayer to set aside the impugned order and to dismiss the complaint filed by the complainant.

8.                We have heard learned counsel for the parties and perused the case file.

9.                During the course of arguments, there was no controversy of any type that the complainant Jai Singh was the registered owner of agricultural land measuring 37 Kanals - 03 Marlas situated within the revenue estate of Village Bastara, District Karnal comprised in Khewat No.196 vide Jamabandi for the year 2011-2012. It is evident from the copy of Jamabandi for the year 2011-2012 placed on the file Exhibit C-1 also. It is also admitted fact that the complainant had installed a tubewell for irrigation of his land owned by him. It is also admitted fact that the complainant was provided electricity connection bearing No.ZA11-1027-F for running his tubewell. It is evident from the electricity bill Exhibit C-2 also. Version of the complainant in this case is that on 13^th April, 2015 due to loose electricity wires connecting two electricity poles installed in his land, short circuit took place and short circuit caused burning of the standing wheat crop in the land owned by the complainant.

10.              Version of the complainant finds support from a duly attested affidavit of complainant Exhibit CW-1/A as well as entries in the Rapat Rojnamcha dated 15^th April, 2015 recorded by Som Pal, Halka Patwari Exhibit C-4. The entries in the Rapat Rojnamcha were recorded on the basis of the report of Kanshi Ram Chowkidar that the standing wheat crop was destroyed due to fire in the land comprised in Khasra No.94/3 and 4/1 and Khasra No.94/7. Entries in the Rapat Rojnamcha were recorded by Halka Patwari performing his official duties mentioning loss caused as standing wheat crop belonging to the complainant was destroyed. To rebut this evidence, the opposite party tendered affidavit of Shri Parveen Dahiya, Sub Divisional Officer (OP) Sub Urban Sub Division, UHBVNL, Gharaunda, District Karnal.  Admittedly, Parveen Dahiya, S.D.O. whose affidavit Exhibit OP-1/A has been tendered did not visit the spot on the date of occurrence or any time thereafter. In this way, much weight cannot be given to the statement of Shri Parveen Dahiya, S.D.O. as mentioned in his affidavit.

11.              In the report of Junior Engineer, Exhibit OP-1/B, it is mentioned that he checked the record but in the complaint register there was no information that crop of the complainant was destroyed on 13^th April, 2015.  No complaint was received regarding any fire incident. On that date there was no power supply on this electricity line from the Power House. No weight can be given to the report of the J.E. (Exhibit OP-1/B) also. Firstly, no affidavit of Suresh Kumar, J.E. has been tendered in evidence. Secondly, in the letter Exhibit OP-1/B neither any reason is mentioned nor any dispatch number or receipt number etc. has been mentioned. There may be possibilities of preparation of the report Exhibit OP-1/B later on. In order to prove that there was no supply of electricity from Power House on this line on 13^th April, 2015, the opposite party tendered in evidence Daily Log Sheet Exhibit OP-1/C. 

12.              We have closely perused the above mentioned document Daily Log Sheet. From the Log Sheet it clearly appears that at the time of occurrence, sometimes at about 3:00 P.M. the supply of electricity was not closed. As per daily Log Sheet, the sub station remained switched off and thereafter there was breakdown from 8:00 A.M. to 11:00 A.M.  Permit to work was obtained twice at 12:00 noon and 1:00 P.M. and thereafter there was break down up to 07.05 P.M. it is also mentioned that efforts were made to remove defects at about 2:00 P.M. Fault was tried to be rectified but the line did not hold regarding which information was given to Suresh Sharma, J.E. From the aforesaid record, it is emphatically clear that efforts were made to remove the fault in the electricity line on 13^th April, 2015 but the electricity line did not hold. The possibilities of electricity line not holding can be due to breaking of the wires near electric pole in the land owned by the complainant cannot be ruled out. Learned District Forum has made observation that when the officials of the opposite party tried to remove the fault and switched on for testing, there could be sparking in the broken electricity wire and as a result of that, fire broke out and caused burning of the wheat crop of the complainant.  Apart from it, photographs Exhibit C-5 to C-8 also show that wheat crop was burnt.

13.              Keeping in mind all these facts and circumstances, findings can be safely given that the standing wheat crop was burnt to ashes due to short circuit in the electricity line because of loose electricity wires and the complainant had to suffer losses on account of damage caused to the standing wheat crop.   Moreover, from the record on the file, it is clear that the standing wheat crop was destroyed due to fire incident. Version of the complainant is that the fire incident took place due to short circuit due to loose electricity wires. The opposite party although denied this version of the complainant but the opposite party also could not bring on record any other version regarding this fire incidence.

14.              As per discussions above in detail, we have no hesitation in holding that damage was caused to the standing wheat crop of the complainant due to fire which took place due to short circuit due to loose electricity wires. Learned District Forum has correctly mentioned that standing wheat crop was destroyed only in the land measuring 10 Kanals – 19 Marlas and correctly assessed the total loss caused to the complainant as Rs.35,000/-.

15.              As a result as per discussions above in detail, we find no illegality in the impugned order dated December 13^th, 2016 passed by the learned District Forum. Hence, the appeal fails and is hereby dismissed.

16.              The statutory amount of Rs.20,250/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after expiry of period of appeal/revision, if any.

 

Announced: 05.04.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

CL