| ORDER | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC. No. 120 of 19-03-2012 Decided on 16-08-2012
Swaraj Verma, aged about 66 years wife of Sh. Kaur Chand Verma, R/o H.No.22384, Street No.4, Swaraj Kaur Bhawan, Shant Nagar, Bathinda, through her special attorney Kaur Chand Verma son of Sh.Hans Raj Verma, R/o H. No.22384, Street No.4, Swaraj Kaur Bhawan, Shant Nagar Bathinda.
........Complainant Versus Punjab State Power Corporation Ltd., Patiala, through its Chairman/Managing Director. Senior Executive Engineer, Punjab State Power Corporation Ltd. Division Office, Distribution Division, Bathinda, Bathinda development Authority, Bhagu Road, Bathinda, through it's Administrator. Estate Officer, Bathinda Development Authority, Bhagu Road, Bathinda. Divisional Engineer (Electrical), Bathinda Development Authority, Bathinda.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM Smt. Vikramjit Kaur Soni, President Sh. Amarjeet Paul, Member Smt. Sukhwinder Kaur, Member
For the Complainant : Sh. Sanjay Goyal, counsel for the complainant For the opposite party : Sh. Satvir Singh, counsel for the opposite party Nos. 1 & 2. Sh. Jasbir Singh, counsel for opposite party Nos. 3 to 5.
O R D E R
VIKRAMJIT KAUR SONI, PRESIDENT The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (here-in-after referred to as an 'Act'). In brief, the case of the complainant is that she was allotted plot bearing No.1450C, situated in Urban Estate, Phase-III, Part-2, Bathinda, by the opposite party Nos.3 to 5. The plot allotted to the complainant was not clear and the construction thereon could not be raised as in front of the said plot, there are electric poles, transformer and high tension and LT wires and street light poles were installed. The electric poles, transformer and high tension and LT wires in front of the plot are danger to the life and property of the persons working there, hence he could not raise construction on the said plot. Due to the non construction on the plot, the complainant had to pay the penalty amount of Rs.1,53,820/- and Rs.33,000/- in the shape of non construction fee etc. The complainant wrote many letters to the opposite party Nos. 3 to 5 to get the electrical poles, transformer and high tension and LT wires removed/shifted from in front of her plot to any other suitable place, but to no effect. On 24.6.2011, the opposite party Nos. 3 to 5 ultimately requested the opposite party Nos.1 and 2 to shift the electric poles, transformer and high tension wires etc. from in front of the plot of the complainant to some other suitable place. The opposite party Nos.1 and 2 then got deposited an amount of Rs.500/- for preparing estimate for shifting of the electric poles etc., vide receipt No.154 dated 24.6.2011. The opposite party Nos.1 and 2 prepared the estimate costs for shifting the electric poles, transformer and high tension wires etc. and demanded an amount of Rs.1,03,595/- vide their letter bearing memo No.1852 dated 19.9.2011. On the demand of the opposite party Nos.1 and 2, the opposite party Nos.3 to 5 deposited an amount of Rs.1,03,595/- vide their letter bearing memo No.2067 dated 12.10.2011 through cheque No.655808 dated 7.10.2011 for Rs.1,03,595/-, which was duly received by the opposite party Nos.1 and 2 vide receipt No.149 dated 19.10.2011. The complainant alleged that estimate cost of shifting of electric poles, transformer, high tension and LT wires were got deposited by the opposite party Nos.1 and 2, but till date, they failed to shift the said electric poles and transformer etc. The complainant met the officials of the opposite party Nos.1 and 2 many times and requested them to shift the poles and transformer etc. at the site provided by the opposite party Nos.3 to 5, but nothing has been done by the opposite party Nos.1 and 2 for the reason best known to them. Hence, the complainant has filed the present complaint seeking directions of this Forum to the opposite party Nos.1 and 2 to shift the electric poles, transformer, high tension, LT wires and street light poles etc., from in front of the plot No.1450C, situated in Urban Estate, Phase III, Bathinda, belonging to the complainant, to some other place and pay her damages and litigation expenses.
The opposite party Nos.1 & 2 filed their separate joint written statement and pleaded that the transformer in question is installed in the street and there is sufficient distance in between the plot and transformer and the same is not causing any type of hindrance in the construction work. It has been admitted that the opposite party Nos.1 & 2 have received a request from opposite party Nos.3 to 5 to shift the transformer and they have got deposited a sum of Rs.500/- from the complainant. The transformer in question proposed to be shifted near the park but the residents of the said locality filed objections before C.A., PUDA and Chief Engineer, PSPCL, Bathinda, against the installation of the transfer near the park as a result of which the said transformer could not be shifted from in front of the plot of the complainant rather the same is still in existence at the same place. The opposite party Nos.1 & 2 have further pleaded that they are still ready to shift the transformer in question at the space directed by the opposite party Nos.3 to 5 but till date the opposite party Nos.3 to 5 have not provided any other space for shifting the transformer and as such there is no lapse on the part of the opposite party Nos.1 and 2. It has been pleaded that they are still ready to shift the transformer to the site if any, provided by the opposite party Nos. 3 to 5 subject to the revision of the estimate prepared by the opposite party Nos. 1 & 2, keeping in view the distance of the site to be provided by the opposite party Nos.3 to 5, from the place where the transformer is to be shifted and the distance of the site which was earlier provided i.e. near the park for which the estimate was prepared. The opposite party Nos. 3 to 5 have also filed their separate joint written statement and admitted the fact that in front of the complainant's plot electric poles, transformers and lines were installed. The complainant has never tried to raise any construction and had not submitted the site plan of proposed construction over the plot and even had voluntarily deposited the amount of Rs.1,53,820/- vide receipt No.4/00069 dated 26.8.2010 which was demanded by them. The complainant had sought the confirmation of non construction charges vide her letter/receipt No.1732 dated 26.7.2010 and deposited the amount on 26.8.2010. It has been pleaded that keeping in view the request of the complainant, the opposite party Nos. 3 to 5 immediately deposited the amount of shifting of lines. The opposite party Nos.3 to 5 further pleaded that they are the custodian of the public property and keeping in view the circumstances deposited the aforesaid amount, but the opposite party Nos.1 and 2 are negligent and are not committed to perform their part even after the deposit of the payment for execution of work. The opposite party Nos.1 and 2 have kept that money with them without execution of shifting of poles, transformers and electric wires for the reason best known to them. The opposite party Nos.1 & 2 are wholly responsible to execute the work because the required fee as desired by them was deposited with them immediately. The parties have led their evidence in support of their respective pleadings. Arguments heard. The record alongwith written submissions submitted by the parties perused. These are undisputed facts between the parties that there is poles, transformer, high tension and LT wires in front of the plot No. 1450C situated in Urban Estate, Phase-III, Part-2, Bathinda, which has been allotted by opposite party Nos. 3 to 5 to the complainant. The complainant requested the opposite party Nos. 3 to 5 many times to shift the poles, transformer, high tension and LT wires and ultimately, they requested the opposite party Nos. 1 & 2 to shift the poles, transformer and wire etc., from in front of the aforesaid plot of the complainant. The opposite party Nos. 1 & 2 got deposited Rs. 500/- from the complainant for preparing estimates. The opposite party Nos. 1 & 2 prepared the estimates costs for shifting the said electric poles, transformer and high tension wires etc., to the tune of Rs. 1,03,595/- which was deposited by opposite party Nos. 3 to 5 with them through cheque No. 655808 dated 7-10-2011, but till date the transformer, poles and high tension wire are still in existence at the same place. The submission of the learned counsel for opposite party Nos. 3 to 5 is that the opposite party Nos. 1 & 2 are negligent and are not committed to perform their part even after the deposit of execution of work. The opposite party Nos. 1 & 2 have kept that money with them without execution of shifting of pole, transformers and electrical wires and due to their this act, the opposite party Nos. 3 to 5 are suffering the forced litigation. The learned counsel for opposite party Nos. 1 & 2 submitted that transformer in question proposed to be shifted near the park but the residents of the said locality filed objections before C.A. PUDA and Chief Engineer, P.S.P.C.L., Bathinda, against the installation of the said transformer and hence, it could be shifted from in front of the plot of the complainant. He submitted that opposite party Nos. 1 & 2 are still ready to shift the transformer at the space directed by opposite party Nos. 3 to 5, but till date, they have not provided any other space for shifting the transformer in question. A perusal of letter Ex. R-1 reveals that opposite party Nos. 3 to 5 requested the opposite party Nos. 1 & 2 to shift the transformer and 11 KVA line pole from in front of the plot of the complainant to any other place. The plea of the opposite party Nos. 1 & 2 is that the opposite party Nos. 3 to 5 have not provided them any other space to shift the transformer, poles and high tension wires etc., is not tenable as the role of the opposite party Nos. 3 to 5 is confined upto the allotment of plots as per their different schemes. The opposite party No. 1 & 2 have not placed on file any document to prove that the site/place where the transformer and high tension wires are existing or the near the park where the opposite party Nos. 1 & 2 tried to shift the transformer etc., in question was ever provided or suggested by opposite party Nos. 3 to 5. At the time of planning an area the plots are cut according to the different sizes and spaces are provided for roads, parks, schools, dispensaries etc., but the connection of the water, sewerage, electricity and telephone etc., are to be given by their respective departments. The opposite party Nos. 3 to 5 only deals with demarcation of the plots and other sites. But as the public health department has to provide for the water connection, telephone service is to provided by their department, in the same manner the job relating to electricity is to be done by the electricity department i.e. to provide the basic amenity of electricity to all the residents of that area without infringing the right of any other person. The transformers, poles and high tension wires etc., are creating the hindrance to the complainant to raise construction on her plot. On the receipt of the application from the complainant, all the formalities have been completed by the opposite party Nos. 3 to 5. But, the opposite party Nos. 1 & 2 have not shifted the connection on the pretext that there is objection from the locality to shift the transformer, poles and high tension wires near the park. Now it is for the opposite party Nos. 1 & 2 to see and manage that how and where the transformer is to be shifted without creating any inconvenience to the general public. Since the opposite party Nos. 1 & 2 have failed to shift the transformer, poles and high tension wires etc., in question despite the completion of all the formalities required to be completed by opposite party Nos. 3 to 5, it amounts to deficiency in service on their part. In view of what has been discussed above, this complaint is accepted with Rs. 10,000/- as cost and compensation against the opposite party Nos. 1 & 2 and dismissed qua opposite party Nos. 3 to 5. The opposite party Nos. 1 & 2 are directed to shift the transformer, poles and high tension wires etc., in question from in front of the plot of the complainant and at any common place where they create no hindrance to the general public. The compliance of this order be made within 60 days from the date of receipt of copy of this order. A copy of this order be sent to the parties concerned free of cost and file be consigned for record.
Pronounced 16-08-2012 (Vikramjit Kaur Soni)
President
(Amarjeet Paul) Member
(Sukhwinder Kaur ) Member
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