Haryana

StateCommission

A/1/2017

UHBVNL - Complainant(s)

Versus

PURAN CHAND - Opp.Party(s)

B.D.BHATIA

16 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  : 01 of 2017

Date of Institution: 02.01.2017

Date of Decision : 16.01.2017

 

 

UHBVNL Sub Division, Newal, District Karnal, through its SDO (OP).

     

Appellant–opposite party

 Versus

 

Puran Chand S/o Sh. Mali Ram R/o Village Uncha Samana, Tehsil and Distt. Karnal.

                                      Respondent-complainant

                                     

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Sh. B.D. Bhatia, Advocate for the appellant.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

The UHBVNL, Sub Division Newal, Karnal- opposite party has preferred the present appeal against order dated 07.10.2016 passed by the District Consumer Disputes Redressal Forum, Karnal (in short, ‘District Forum’) vide which the complaint was allowed and following relief was granted to the complainant:-

“In view of the foregoing discussion, we accept the present complaint and direct the opposite party to remove the existing electricity line for tubewell of Zile Singh passing over the land of the complainant and erect the same on Kila line of the complainant or by adopting some other route. We further direct the opposite party to pay Rs. 3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses.  This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.”

2.      Puran Chand -complainant filed complaint with allegations that he owns agricultural land situated within revenue estate of Village Nalipur, Distt. Karnal measuring 3 acres and has got installed a tubewell connection bearing account No.AP-14-1705.  One Zile Singh purchased agricultural land adjoining the land of the complainant and applied for tubewell electricity connection with the opposite party.  Opposite party passed the electricity line and also installed poles in the middle of land holding of complainant. This has rendered most of his agricultural land uncultivatable.  Complainant requested the opposite party to shift the line however, no action was taken.

3.      The opposite party contested the complaint stating that to provide electrical connection to the Zile Singh they have adopted the shortest route and there is no other shortest route for the erection of the electricity line in question. The electrical line was erected after making due inspection at the spot by the technical staff of the Nigam. 4.          District Forum after hearing parties allowed the complaint and gave relief to the complainant as in mentioned earlier part. 

5.      By filing the present appeal, opposite party has challenged the order passed by the District Forum.

6.      Parties have been heard and file perused.

7.      Learned Counsel for appellant has referred to the sketch indicating the land of the complaint showing the electricity line passing in middle of fields of the complainant.  Learned Counsel for the appellant stated that in view of the sales circular No. U-05/2012 issued by the Chief General Manager, Commercial, UHBVN, Panchkula, regarding the shifting of line on payment of costs.  Relevant part of the circular is reproduced as below:-

“The matter has been examined at Govt. of Haryana level and following decision has been conveyed:

1. Shifting of LT/HT lines passing over residential buildings, ponds schools etc.

1. Shifting of LT/HT lines can be done if these fall within Lal Dora.
2. Shifting of LT/HT lines falling beyond Lal Dora is to be done if the cost is deposited by the beneficiaries.

Note:     Shifting of LT/HT lines passing over the Govt. schools and parks maintained by any Public/Govt. Departments/Gram Panchayats is to be done at the cost of the Nigam by framing special estimate.”

 

Note 1 (b) referred to above provides that shifting of LT/HT lines beyond Lal Dora is to be done if the cost is deposited by the beneficiary.  The wrong interpretation is being adopted of the word beneficiary by UHBVNL as the beneficiary is the person who is seeking tubewell connection and not the complainant.  To give benefit to the fresh applicant, complainant cannot be considered as beneficiary.   Therefore, the District Forum has rightly allowed the complaint.  Hence the impugned order passed by the District Forum requires no interference.  Appeal is dismissed.

8.      The statutory amount of Rs. 1650/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 16.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

DK