THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 348 of 2014

Date of Institution : 27.6.2014

Date of Decision : 07 .09.2015

Mr. Brij Mohan Singh S/o Sh. Yograj R/o 9-A, Taylor Road, Amritsar

...Complainant

Vs.

Punjab State Power Corporation Limited earlier through its Chairman, The Mall, Patiala service through AEE, Civil Lines Sub Division, Amritsar

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh. Deepinder Singh, Advocate

For the opposite party : Sh.V.K.Sehgal,Advocate

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

1 Present complaint has been filed by Sh.Brij Mohan Singh under the provisions of the Consumer Protection Act alleging therein that he is the consumer of electric connection bearing account No. C16LR280086K under DS category. According to the complainant on 20.6.2014 the electric supply to the house of the complainant on one phase became dead and there was no power supply on the said phase from the electricity pole. Complainant lodged complaint with the opposite party on 20.6.2014. The opposite party deputed his lineman to restore the power supply on one phase, who joined the supply with double phase current from the electricity supply from the electric pole. As such double voltage current came on the phases of electric supply leading to the damage of one Air conditioner, one Voltage Stabilizer, One Washing machine, one Refrigerator, one Submersible Pump, Telephone systems and other electric/electronic gadgets. The complainant immediately reported the matter to the opposite party, who again deputed the lineman , who rectified the fault and restored the power supply effectively on 21.6.2014. Complainant has alleged that due to joining of double phase current from the electric pole by the lineman of the opposite party, the complainant suffered damage to his equipments for more than Rs. 45000/-. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to pay Rs. 45000/- being the amount paid by the complainant for the rectification of products damage due to wrong joining of wires by the lineman. Compensation of Rs. 2,50,000/- alongwith litigation expenses were also demanded.

2. On notice, opposite party appeared and filed written version in which it was submitted that on 20.6.2014 complaint was received from complainant which was registered at complaint No. 210 with the complaint office of the opposite party and Sh. Charanjit Lineman was deputed to attend the complaint of the complainant. One phase of the supply of the complainant was found detached from the main supply due to which voltage on the connection of the complainant was dropped. The said lineman attached the said phase and restored proper supply on the connection of the complainant. It was denied that the lineman joined supply with double phase current from the electric supply from the pole. It was also denied that Air conditioner, one Voltage Stabilizer, One Washing machine, one Refrigerator, one Submersible Pump, Telephone systems and other electric/electronic gadgets of the complainant were damaged. No such complaint was lodged with the opposite party regarding alleged loss nor any such loss has been caused on account of alleged double supply nor any double supply of current was given to the premises of the complainant. While denying and controverting other allegations, dismissal of complaint was prayed.

3. Complainant tendered into evidence his affidavit Ex.C-1, copy of bill Ex.C-2, copy of complaint receipt Ex.C-3, copies of repair bills Ex.C-4 to Ex.C-6.

4. Opposite party tendered affidavit of Sh. Mandeep Singh, SDO Ex.OP1, affidavit of Sh.Charanjit Lal, Lineman Ex.OP2.

5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by the ld.counsel for the parties with the valuable assistance of the ld.counsel for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that complainant is the consumer of electricity vide account No. C16LR280086K. The complainant alleges that on 20.6.2014 one phase of his electric meter was not giving power supply and became dead. The complaint was lodged to the opposite party vide complaint No. 210 dated 290.6.2014 Ex.C-3. Opposite party deputed its lineman to restore the power supply on one phase which was not working. The said lineman joined the supply with double phase current. Resultantly double voltage current came on the phases of electric supply leading to the damage of one Air conditioner, one Voltage Stabilizer, One Washing machine, one Refrigerator, one Submersible Pump, Telephone systems and other electric/electronic gadgets. Thereafter the complainant reported the matter to the opposite party, who again deputed lineman , who rectified the fault and restored the power supply on 21.6.2014 evening. As a result of the aforesaid negligence on the part of the lineman of the opposite party, the complainant suffered damage to the tune of Rs. 45000/- in getting the aforesaid products repaired. In this regard complainant produced copy of bill Ex.C-4 dated 23.6.2014, photocopy of bill dated 22.6.2014 Ex.C-5 and photocopy of bill dated 24.6.2014 Ex.C-6. Ld.counsel for the complainant submitted that the complainant suffered this loss to the tune of Rs. 45000/- which he had spent for the repairs of the aforesaid articles, have occurred due to negligence/deficiency of service on the part of the officials of the opposite party. As such the opposite party is liable to compensate the complainant, but they did not do so and all this amounts to deficiency of service on the part of the opposite party.

7. Whereas the case of the opposite party is that on 20.6.2014 the complaint was received from the complainant which was registered as complaint No. 210 with the complaint office of the opposite party. Sh. Charanjit Lal, Lineman of opposite party was deputed to attend the complaint of the complainant. One phase of the supply of complainant was found detached from the main supply due to which voltage on the connection of the complainant had dropped. The said lineman attached the said phase and restored the proper supply on the connection of the complainant and this fact has been duly proved by Charanjit Lal, lineman through his affidavit Ex.OP2. Opposite party has totally denied that Charanjit Lal, lineman joined the supply with double phase current from the electricity supply from the pole. They also denied that Air Conditioner, voltage stabilizer , washing machine, refrigerator, submersible pump, telephone system , electric/electronic gadgets of the complainant were damaged . No such complaint was lodged by the complainant with the opposite party regarding alleged loss nor the complainant has lodged any complaint with the opposite party for the rectification of the said mis-joining of any wires nor the opposite party registered any complaint at the complaint centre of the opposite party from the complainant in this regard. Had there been any complaint from the complainant regarding mis-joining of the wires, that complaint must have been registered at the complaint office of the opposite party. But there is no such complaint. They also denied that any lineman of the opposite party was deputed on 21.6.2014 evening or any rectification was done for the power supply to the complainant in the evening on 21.6.2014. The complainant never lodged any complaint with the opposite party regarding any damage to the equipments of the complainant. Opposite party submitted that all this story has been created by the complainant just to extract money from the opposite party. Ld.counsel for the opposite party submitted that complaint is without merit and the same should be dismissed with costs.

8. From the entire above discussion, we have come to the conclusion that complainant is the consumer of electricity vide account No. C16LR280086K under DS category. One phase of the meter of the complainant became dead on 20.6.2014 and he lodged complaint with the opposite party i.e. complaint No. 210 dated 20.6.2014 , copy of which has been produced by the complainant himself Ex.C-3. Opposite party deputed Charanjit Lal, lineman to attend the complaint, who found that one phase of supply of complainant was detached from the main supply due to which voltage on the connection of the complainant had dropped . The said lineman attached the said phase and restored the supply on the connection of the complainant. The complainant has alleged that said lineman has joined the wires with double phase current to the electricity supply from the electric pole, as a result of which double voltage current came on the phase of the meter of the complainant,as a result of which electric appliances of the complainant including Air Conditioner, Voltage Stabilizer, Washing machine, Refrigerator, Submersible pump, etc. etc., were damaged. Thereafter the complainant again reported the matter to the opposite party, who again deputed the lineman, who rectified the fault and restored the power supply effectively on 21.6.2014 evening. But the complainant could not produce any evidence that the electric appliances of the complainant were damaged due to double voltage current as a result of wrongly joined wires of the supply of electricity to the phases of the meter of the complainant. The complainant could not produce any evidence in the form of report from any mechanic/electrician that the aforesaid electric appliances of the complainant suffered damage due to double voltage current supply due to wrong connection of the phases by the lineman of the opposite party on 20.6.2014. Apart from this the complainant also could not produce any document that he lodged any report with the opposite party, who allegedly again deputed lineman , who rectified the fault and restored the power supply effectively on 21.6.2014 evening. If the complainant could produce complaint No. 210 which he has lodged with the opposite party as Ex.C-3, why he did not produce the complaint number of the complaint lodged by the complainant after the aforesaid damaged caused to his electric appliances by wrongly joined wires by Charanjit Lal,Lineman of the opposite party on 20.6.2014. This shows that no complaint was lodged by the complainant regarding the wrong joint of phases by Charanjit Lal, Lineman of the opposite party on 20.6.2014. Opposite party has filed affidavit of Charanjit Lal, lineman Ex.OP2, who has categorically stated that he attended complaint No. 210 in respect of low voltage of electricity at the residential premises of the complainant on 20.6.2014 and he found one phase of the supply of the complainant was detached from main supply due to which voltage to the premises of the complainant was dropped. He attached the phase with main supply and restored power supply to the premises/meter of the complainant. He has not joined supply of complainant with double phase current for supply from the pole. The complainant never lodged any report with the opposite party regarding any loss to the electric appliances of the complainant such as Refrigerator, Air Conditioner, voltage stabilizer, washing machine, submersible pump, telephone system, electronic articles etc., nor the complainant lodged any report that the meter of the complainant was burnt or damaged or that the electric wires of the complainant were burnt or regarding damage to any electronic/electric appliances of the complainant. This witness further deposed that except complaint No. 210 dated 20.6.2014 no other complaint was lodged by the complainant with the opposite party to the complaint office of the opposite party on 20.6.2014 or 21.6.2014 nor he attended any complaint of the complainant on 21.6.2014.

9. The complainant has also failed to prove on record as to what was the complaint number , he has lodged with the opposite party after damage to the electric appliances of the complainant nor he could tell the name of the lineman , who attended the complaint of the complainant on 21.6.2014 evening nor the complainant could produce any affidavit nor examined any person, who repaired the electric appliances of the complainant to prove that these electric appliances of the complainant were damaged due to double current supply to the electric connection of the complainant nor the complainant has filed any complaint with the opposite party to submit that due to wrong supply/ double current supply to the electric connection of the complainant, he has suffered damage to his electric appliances nor the complainant summoned any record from the opposite party to prove that he has lodged any such complaint regarding damage caused to his electric appliances as a result of double current supply due to wrong connection of the phases by Charanjit Lal, lineman on 20.6.2014, particularly when the opposite party has totally denied the version of the complainant.

10. Consequently we hold that complainant has failed to prove on record the averment/allegation he has levelled against the opposite party in the complaint.

11. Resultantly we hold that the complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

7.09.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member