Order by
Sh.Amrinder Singh Sidhu, President
1. The complainants have filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that they are co-sharer in the land measuring 54 acres situated in the area of Bughipura, Tehsil & District Moga and all the complainants are owners in possession as well as self cultivator in their own shares in the said land. In the said land, all the complainants sown wheat crop for the year 2019-2020 and spent huge amount and provided sufficient labour of the same. There is high voltage HT & LT lines of electricity are crossed from the above said land/ field of the complainants and through the above said HT & LT lines very high voltage is passing which is being provided by the Opposite Parties, which causing a huge danger to the crops as well as lives of the people at larage. Even a condition of the above said HT & LT lines was badly deteriorated to such an extent that the same were totally unfit and unsafe for passing electric supply of such high voltage on the same. The complainants approached and requested the Opposite Parties to make immediately necessary steps to avoid any kind of mis-happening on account of short circuits, but the Opposite Parties always put off the request of the complainants on one pretext to another and failed to provide necessary measure to safeguard the rights of the complainants. Further alleges that on 23.04.2019 when the wheat crop was repined and was ready for harvesting, the above said LT line has been broken and fall down on the HT lines due to which there arose a fire due to short circuit and as a sresult of which the stand wheat crop of the complainants sown by them in 54 acres of land weighting about one MT’s and had totally burnt causing a loss of Rs.18,58,500/- was suffered by the complainant. The detail of loss of each complainant is duly mentioned in para No.5 (i) to 59 (xix). The matter was brought to the notice of the Opposite Parties and even to Deputy Commissioner, Moga who immediately visited the spot. In this regard, the complainants also moved an application to the police authority who also registered complaint in this regard. Thereafter, various correspondences were also made with the Opposite Parties did not pay any heed to the request of the complainants and hence, alleging deficiency in service on the part of the Opposite Parties, the complainants have filed the instant complaint. Vide instant complaint, the complainants have sought the following reliefs.
- The Opposite Parties may kindly be directed to grant the relief as prayed for in the present complaint or any other relief which this Commission may deem fit and proper may be awarded to the complainant.
Hence, the complainants have filed the complaint for the redressal of their grievance .
2. Upon notice, Opposite Parties appeared and contested the complaint by filing written reply taking preliminary objections therein inter alia that the complaint is not maintainable. First question is involved to determine as to which of the electric line is responsible to cause alleged burning of wheat crop and second question is whether any condition of any electric line was badly deteriorated to the extent that these lines were totally unfit and unsafe for passing electric supply of such a high voltage. The third question is whether complaints as they alleged, had actually made to the Opposite Parties regarding deplorable condition of HT & LT lines demanding their repair/ substitution. The other question for determination is regarding cost incurred by each complainant on alleged crop and actual loss if ay and alleged entitlement of alleged compensation demanded bye ach complainant. The main question involved for determination, is , if any, then which of the corporations i.e. PSPCL or PSTCL is responsible. To ascertain the fact whether LT Lines, passes below the HT lines or not appointment of Local Commission is essentially required. Further alleges that 132 KV HT lines going above the LT lines belong to Punjab State Transmission Corporation Limited (PSTCL). The 11 KV line which comes from 66 KV Focal Point Bouly Sahib Feeder AP and LT lines coming from said 11 KV line belong to Punjab State Power Corporation Limited (PSPCL). Said LT lines supplying electricity to the Tubewell/ motor connections of the complainant runs below the 66 KV+132 KV lines owned, installed, controlled and maintained by Punjab State Transmission Corporation Limited (PSTCL). Thus, LT lines going below the 66 KV and 132 KV lines can not fall upon 66 KV & 132 KV lines on alleged breaking of LT lines, causing alleged short circuit. Thus, Punjab State Transmission Corporation Limited (PSTCL) is a necessary party in absence of which the present complaint can not be adjudicated property and justly. Further alleges on 23.04.2019 there was no electric current in the LT line in question from 9:05 AM to 19:12 PM as permit No. 94 dated 23.04.2019 was taken. Consequently, no alleged short circuit was caused by said LT line nor it could be as the electric current was not running in the said LT line at the time of alleged fire outburst in the fields. When LT line was not running electric current therein, then alleged short circuit could not be caused due to the alleged falling of LT line on HT line. Moreover, below passing LT line cannot fall on the above passing HT line. Said LT line did not go broken as alleged by the complainants. LT lines were not deteriorated nor were unfit for passing electric supply therein, thus said LT lines on 23.04.2019 at 11:56 did no cause alleged fire to the allegedly standing wheat crop and hence, the Opposite Parties are not liable to pay alleged compensation to the complainants. On merits, the Opposite Parties took up the same and similar pleas as taken up by them in the preliminary objections. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In order to prove their case, complainants tendered into evidence the affidavit of respective complainants Ex.PW1/A to Ex.PW19/A and copies of documents Ex.C1 to Ex.C54 and closed their evidence.
4. On the other hand, to rebut the evidence of the complainant, the Opposite Parties tendered into evidence the affidavit of Sh.Bhupinder Singh SDO Ex.OPs1 alongwith copies of documents Ex.OPs2 to Ex.Ops5 and closed the evidence on behalf of the Opposite Parties.
5. We have heard ld.counsel for the Parties and also gone through the evidence produced on record.
6. Ld.counsel for the complainant has mainly reiterated the facts as narrated in the complaint and similarly, the Opposite Parties repelled the contention of the ld.counsel for the complainants.
7. Undisputedly, various electric lines i.e. LT (220V, 400 V), 11 KV lines, 66 KV lines, 132 KV lines and 220 KV lines pass through the fields of farmers i.e. agricultural land. As per Ex.C50 (General Diary Details) placed by the complainants on record bearing No.022 was registered in P.S.Mehna and as per FIR, the fire occurred at about 11.50 AM on 23.04.2019. As per the reply submitted by the Opposite Parties, 11 KV Baba Mangal Singh UPS feeder and 11 KV Bauli Sahib Rural feeder passes through the field where accident of fire occurred, but as per the Log Sheet dated 23.04.2019 Ex.Ops1/4, the 11KV Bouli Sahib feeder was supplying power from 5 AM to 9 AM and it remained off for the remaining time of the day i.e. 23.04.2019. 11KV Baba Mangal Singh UPS feeder was on permit to work (PTW No.94 dated 23.04.2019) from 9.05 AM to 9.12 PM, hence there was no supply of power in these lines. Consequently, no alleged short circuit was caused by said HT line nor it could be caused as the electric current was not running in the said HT line at the time of alleged fire outburst in the fields. When HT line was not running electric current therein, then alleged short circuit could not be caused due to the alleged falling of LT line on HT line. Hence, on the day of accident, there was no supply of power in LT & HT lines. But as per letter vide memo No. 1419 dated 27.02.2020 (Ex.Ops1/5) written by XEN City (PSPCL) Moga to Dy.Chief Engineer (PSTCL) Ludhiana that there was a short circuit on loose jumper of 132 KV Moga-Badhni Kalan line on 23.04.2019 at 11.56 Am, but this line comes under the jurisdiction of Punjab State Transmission Corporation Limited (PSTCL), but said Punjab State Transmission Corporation Limited (PSTCL) has not been impleaded as Opposite Party,by the complainants in this complaint. In this way, we are of the view that there was no deficiency in service on the part of Opposite Parties- Punjab State Power Corporation Limited (PSPCL). Not only this, as mentioned above, the above said electric lines comes under the control of Punjab State Transmission Corporation Limited (PSTCL) which is separate identity and separate management and control, but in the instant case, the complainants have not impleaded the Punjab State Transmission Corporation Limited (PSTCL) as Opposite Party being necessary party.
9. Keeping in view the aforesaid facts and circumstances of the case, the instant complaint against Opposite Parties-Punjab State Power Corporation Limited (PSPCL) is not maintainable for proper adjudication of the complaint in dispute and the same stands dismissed. However, the complainants can get redressal of their grievance by filing and after proving the complaint against Punjab State Transmission Corporation Limited (PSTCL), if they so desire, in accordance with law, for which the time spent before this District Commission shall stand excluded under Section 14 of the Limitation Act in the light of the judgment of the Hon'ble Supreme Court in case titled 'Lakshmi Engineering Works vs PSG Industrial Institute reported in 1995(3) SCC 583'. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
11. Reason for delay in deciding the complaint.
This complaint could not be decided within the prescribed period because the State Government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as due to pandemic of COVID-19.
Announced in Open Commission.
Dated:04.04.2022.
