Punjab

Nawanshahr

CC/88/2016

Rajinder Kumar - Complainant(s)

Versus

PSPCL - Opp.Party(s)

G.S Kahlon

05 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR. 

 

Consumer Complaint No    :   88 of 29.09.2016 

Date of Decision                :   05.03.2018

1. Rajinder Singh S/o Gurdev Singh
2. Atinder Singh S/o Rajinder Singh both residents of Ahluwalia Farm, Banga Road, Village Mahalon, Tehsil Nawanshahr, District S.B.S. Nagar.

                                                          ….Complainants

Versus

1. The Punjab State Power Corporation Ltd, The Mall, Patiala through its Chairman. 
2. The Superintending Engineer, Punjab State Power Corporation Ltd, Nawanshahr, Tehsil Nawanshahr, District SBS Nagar.
3. The Executive Engineer, Punjab State Power Corporation Ltd Nawanshahr, Tehsil Nawanshahr, District SBS Nagar.
4. The SDO, City Sub Division, Punjab State Power Corporation Ltd, Nawanshahr Tehsil Nawanshahr, District SBS Nagar.

Opposite parties

Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:         

S.A.P.S. RAJPUT, PRESIDENT

S.KANWALJEET SINGH, MEMBER

COUNSEL FOR THE PARTIES

For Complainants                   :         Sh.G.S. Kahlon, Advocate

For OPs                         :         Sh. P.K Dhir, Advocate

 

ORDER 

PER S.KANWALJEET SINGH, MEMBER

1. This complaint filed by complainants under Section 12 of the Consumer Protection Act, 1986.  Further, it is averred that complainants have taken the land measuring 40 Kanals 16 Marlas bearing Khasra No.871/2(9-11), 872(7-3), 873(11-18), 874(9-16), 875/1(1-1), 879/1(0-7) on lease from Gurpreet Singh S/o Gurbaksh Singh S/o Inder Singh and Gurpreet Singh has installed the electric motor connection in the said land to irrigate his land.  The complainants had sown the wheat crops in the said land utilizing the electric connection granted to Gurpreet Singh.  Complainants being the beneficiary of the electric connection installed by Gurpreet Singh in his land becomes the consumer within the definition and as defined under Consumer Protection Act, 1986.  It is also averred that electric cables were passing from the field of Gurpreet Singh.  On 25.04.2014 due to loose hanging of the electric wires and negligence of the electricity department sparking of electric wires took place and due to sparking on wheat crops sown by the complainant which results in fire broke up and due to which the wheat crops sown in the said detailed khasra Numbers burnt and causes a huge loss to the complainants. It is further averred that complainants reported the matter to the police at Police Station City Nawanshahr and DDR No.1-25 dated 26.04.2014 was registered.  Complainants also informed the said matter to the Deputy Commissioner, SBS Nagar and under his directions the said matter was enquired into by the concerned officers.  The concerned Halka Patwari of Mahalon-II had prepared the report of loss by visiting the spot on dated 25.04.2014 and thereafter forwarded the same to Tehsildar and also made an entry in the Rojnamcha of the year 2013-14 of Patwar Circle Mahalon – 2/124.  The Halka Patwari had also scribed the joint statement of the persons present on the spot. It is averred that vide reference No.412 dated 26.05.2014, Tehsildar, SBS Nagar had prepared a report of loss and forwarded the same to Sub Divisional Magistrate, SBS Nagar, who forwarded the same to Deputy Commissioner, SBS Nagar vide reference No.1973/FRC dated 16.06.2015 and Tehsildar, SBS Nagar also prepared estimated loss and reason of fire vide reference No.548 dated 11.07.2014.  On 15.10.2015 the concerned Halka Patwari of Circle Mahalon prepared the exact report of loss and on the basis of said report dated 16.10.2015, Tehsildar again prepared the report of loss as loss assessed by field staff which clearly specifies that the loss of crops are due to sparking of the electric wires on the said wheat crops and report forwarded to SDM, SBS Nagar on 16.10.2015, who forwarded the said report to Deputy Commissioner, SBS Nagar on 23.11.2015.  Deputy Commissioner, SBS Nagar after taking detailed reports from the SDM, Tehsildar, Halka Patwari of SBS Nagar had referred the said complaint to Chief Engineer, Nawanshahr on 01.12.2015, but no action has been taken by said Chief Engineer till date and claim of the complainants are still lingering on by the government officials and has not been proceeded till the stage of ripened, so that complainants can be compensated for the loss assessed as per the reports because of sparking of the electric cables/electric wires.  Deputy Commissioner in his report clearly mentioned that the loss of wheat crops of complainants were done by the sparking of the electric cables wires of OP.  Despite repeated visits to the office of OPs, but the OPs have not paid any heed to the requests of complainants and refused to compensate them. Lastly prayer has been made that OPs be directed to satisfy the claim amounting to Rs.85,500/- alongwith interest @ 18% to the complainant from the day of claim till realization.  It is further prayed that OPs be directed to pay compensation to the tune of Rs.25,000/- for mental and physical harassment as well as financial loss caused to complainants.    
2. Notice of the complaint was given to the OPs and  accordingly OPs appeared through counsel and filed written statement and contested the complaint by taking preliminary objections that  this Forum has no jurisdiction to entertain, try and decide the case.  Only Civil Court has jurisdiction to try and decide the case, because it requires evidence by both the party.  Complainants is not the consumer of the power com Nawanshahr.  Gurpreet Singh S/o Gurbaksh Singh is the consumer of Power Com Nawanshahr.  Complainant has not come to this Forum with clean hand and he has suppressed true and material facts.  Complainant has no locus standi to file the complaint.  Complaint is not maintainable in the present form. Civil remedy is available to complainant.  On merits, it is admitted that Gurpreet Singh S/o Gurbaksh Singh is consumer of Power Com Nawanshahr. The complainant are not consumer of Power com Nawanshahr. It is also admitted that complainants had sown the wheat crops in the land but he is not beneficiary consumer of Power com.  Complainants are not legal heirs of Gurpreet Singh so complainant does not come under definition of Consumer Protection Act. It is also submitted that Wheat crop was not burnt due to fault of Power com.  As per office order dated 28.04.2014 issued by Deputy Commissioner Nawanshahr which is duly endorsed to Superintending Engineer, Power Com Nawanshahr vide his endorsement No.1284/93/DRA/FRC, dated 28.04.2015 and to obey the said order of Deputy Commissioner, joint enquiry was done by Power Com and Revenue Department.  During this join verification the wheat crop complainants were not burnt due to fault of Power Com.  SDM Nawanshahr vide the letter No.1973 dated 16.06.2015 given report to Deputy Commissioner that crop of Gurpreet Singh was not burnt due to fault of electric wire of Power Com.  Rest of the averments have been denied by OPs and prayed for dismissal of the present complaint.
3. In order to prove complaint, counsel for the complainant, tendered into evidence affidavit of complainant – Rajinder Singh Ex.CW1/A alongwith photocopies of documents i.e. Ex.C-1 to Ex.C-22 and closed the evidence.
4. In order to rebut the evidence of the complainant, counsel for OPs tendered into evidence, affidavit of Sh.Arun Shekhar AEE, PSPCL, Nawanshahr Ex.OP1/A alongwith documents i.e. letter dated 16.06.2015 Ex.OP-1, further tendering into evidence photocopies of documents Ex.OP-3 to Ex.OP-4 and then closed the evidence.
5. We have heard counsel for the parties and also gone through the case file very carefully.
6. As per Ex.C-5 i.e. report to Police Station by complainant, Ex.C-6 is application to Deputy Commissioner, SBS Nagar dated 06.05.2014, Ex.C-7 – report of Patwari dated 26.04.2014, Ex.C-8 is Patwari Rojnamcha, Ex.C-9 is common statement by respectable of Village Mahlon, Ex.C-10 is Tehsildar report No.412 dated 26.05.2014 which was forwarded to SDM, Nawanshahr, in his report they mentioned Gurpreet Singh S/o Gurbax Singh S/o Inder Singh, wheat 40-16 amounting to Rs.25500/- total wheat 51-7 of Rs.32073.75 Paisa compensation assessed.  Ex.C-13 is recommendation letter No.1305 dated 01.12.2015 forwarded by Deputy Commissioner to Chief Engineer Halka Nawanshahr, in his report under Para 3, it is clarified that Punjab Government, Revenue Rehabilitation and Disaster Management Department, Chandigarh vide its memo No.0632-53 dated 11.08.2014 according to Sr.No.7 instruction electric short circuit fire caused any type of damage case did not cover under the State Disaster response fund so this type of cases to seek remedy and to approach before the PSPCL (Power Com) in this regard, the matter taken up before PSPCL. Ex.C-14 is Daily log sheet (Power cut schedule), Ex.C-15 to Ex.C-17 are photographs shown the crop burnt.  Counsel for the OPs totally denied that the wheat crop burnt due to electric short circuit.  From the perusal of documents and evidence produced by complainant it is fully proved that the OPs are deficient and liable to pay compensation because loss of wheat crop burnt caused due to electric short circuit of PSPCL.  As per Ex.C-10 – the report of Tehsildar who assessed the loss of complainant to the tune of Rs.25500/-.
7. In the light of our above discussions, the present complaint filed by complainants is partly accepted and OPs are directed to pay complainants Rs.25,500/- alongwith interest @9% P.A. from the date of occurrence i.e. 25.04.2014 till realization.  OPs are further directed to pay Rs.10,000/- as compensation.  The above said entire compliance be made by the OPs within a period of one month from the date of receipt of copy of this order
8. Complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be sent to the parties, as permissible, under the rules.
10. File be indexed and consigned to record. 

Dated 05.03.2018                                                         

 

 

(Kanwaljeet Singh)                (A.P.S. Rajput)

Member                                  President