DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

Complaint No.    444

Instituted on:      21.08.2019

            Decided on:        24.01.2020            

Iqbal Singh aged 34 year son of Boria Singh, resident of Challa Patti, Village Benra, Tehsil Dhuri, District Sangrur. 

….. Complainant

                                               Versus

1.     Punjab State Power Corporation Limited, through its CMD, The Mall Patiala  147001.

2.     A.E.E. Punjab State Power Corporation Limited, Sub Division(Sub Urban), Dhuri, District Sangrur 148024.

3.   A.E.E. Punjab State Power Corporation Limited, Sub Division (Sub Urban), Sangrur, District Sangrur 148001.

…Opposite parties

For the complainant   :       Sh.Bhushan Kumar,Adv.

Quorum:   Shri Amrinder Singh Sidhu, President

                Ms.Vandana Sidhu, Member

        Shri V.K.Gulati, Member

Order by : Shri Vinod Kumar Gulati, Member.

1.             Complainant being an agriculturist, owned 10.5 acre of land situated in the revenue estate of village Benra-B, Tehsil Dhuri, District Sangrur. Complainant has an electric motor connection having account No.AP-39/1240 of 7.5 BHP installed in the fields owned by him. In the said land, complainant had sown wheat crop in April 2018. On 20.4.2018, on account of sparking on main HT line because they were loose with long spans without separation etc and these sparks fell on the ripe wheat crop in the field underneath of Inderjit Singh son of Birinder Singh of Fathegarh Channa and alighting the same and due to the same, the fire spread to the adjoining fields of village Benra and reached to the fields of the complainant and destroyed wheat crop standing on 5.5 acre of land, which was ready for harvesting by the complainant. Many people from the village Benra was gathered at the spot, who helped in controlling the fire and fire brigade has also came to control the fire. Sarpanch along with Panchayat Members inspected the spot and made the report of loss and matter was also reported to the police station concerned. It is alleged in the complaint that ripe wheat crop in 5.5 acre land was destroyed due to eruption of fire, due to negligence of Ops to maintain the power lines. Due to said fire incidence, complainant has suffered loss of 123.575 quintal of wheat valuing Rs.1770/- per quintal, which comes to Rs.2,18,727/- and loss of 192.5 quintal of straw/toori valuing Rs.350/- per quintal, which comes to Rs.67,375/- and loss of naad which would have produced 175 quintals toori valuing Rs.61,250/-. Detail of one acre of land produces wheat in quintal and fixing of rate of same by Central Government and State Government also made in the complaint. Complainant requested many times to Ops to pay the damage, but Ops refused to pay. By claiming that complainant suffered loss due to negligent act of Ops in not maintaining their electric lines, this complaint filed with the prayer to direct the Ops to pay damage of Rs.4,47,352/- along with interest @18% per annum from 20.4.2018 till its realization. Compensation for mental agony and harassment of Rs.50,000/- and litigation expenses of Rs.20,000/- more claimed.

2.             Arguments for admission purpose heard.

3.             Perusal of contents of the complaint and submitted documents itself reveals that fire incidence as alleged by the complainant occurred in the field of Inderjit Singh of Fathegarh Channa and spread in the field of complainant. However, there is no plea in the complaint that the said incident took place in his field due to negligence on the part of OPs or due to short circuit of electric wires passing through the land of the complainant. Further as per the pleadings of the complainant in the complaint that he is the consumer of Ops, but perusal of contents of complaint reveals that he is not covered under the definition of consumer under The Consumer Protection Act, 1986. The plea of the complainant for compensation as well as that of litigation expenses for mental agony cannot be considered as no loss occurred due to any negligent act of Ops in his land. The learned counsel for the complainant during the arguments placed on record the case law titled as PSEB and another vs. Budha Mal-2010(1)CPJ-302(Hon’ble Punjab State Consumer Disputes Redressal, Chandigarh). We have gone through the citation and observe that every case has different facts. The complainant failed to plead his case against OPs for any deficiency in service on their part because fire occurred in his neighbour fields and not in the field of complainant and if the complainant is entitled for any compensation or litigation expenses for suffered loss, the same is payable by Sh. Inderjit Singh, in whose fields the fire incident occurred. However, the said Inderjit Singh is not impleaded as a party in this case. Further, it seems that the involved matter is of civil nature and not a consumer disputes. So, in our view, complaint before this Consumer Forum is not maintainable and same merits dismissal at admission stage itself.

4.            As a sequel of the above discussion, complaint is dismissed at admission stage itself, being not maintainable. However, complainant is at liberty to avail remedy before appropriate competent authority/Civil Court for redressal of his grievance as per law. Copy of the order be supplied to the complainant free of costs as per rules.

5.                     File be indexed and consigned to record room.

                Pronounced.

                January 24,2020.

        (Vinod Kumar Gulati) (Vandana Sidhu) (Amrinder Singh Sidhu)

                 Member                   Member                 President