Haryana

StateCommission

A/494/2017

UHBVNL - Complainant(s)

Versus

ROOP CHAND - Opp.Party(s)

B.S.NEGI

02 Feb 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                 

                                                         First Appeal No.494 of 2017

                                                 Date of Institution: 21.04.2017

                                                         Date of Final Hearing:02.02.2023

Date of pronouncement: 09.03.2023

 

1. Uttar Haryana Bijli Vitran Nigam, Vidyut Sadan, Sector-6, Panchkula, through its Executive Engineer, Operation division, UBVN, 12 Cross Road, Ambala Cantt.
2. The Sub Divisional Officer, Operation Sub Division, UHBVNL, Kesri, Tehsil and Distt. Ambala.

…..Appellants

Versus

1. Roop Chand  S/o Nasib Singh
2. Ajmer Singh S/o Nasib Singh
3. Gurdev Kaur W/o Phool Singh
4. Balbir Singh S/o Jagir Singh
5. Baljit Singh S/o Jagir Singh
6. Smt. Ishro Devi W/o Jagir Singh

All residents of village Chappra Tehsil & Distt. Ambala.

…..Respondents

CORAM:    S.P. Sood, Judicial  Member

                    Suresh Chander Kaushik, Member

                   

Present:-    Mr.Pankaj proxy counsel for Mr. B.S.Negi, Advocate for the appellant.

                   Respondent already ex parte vide order dated 29.08.2022.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

          Delay of 77 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2.      The present appeal No.494 of 2017 has been filed against the impugned order dated 30.12.2016 of the District Consumer Disputes Redressal Forum, Ambala (In short  now “District Commission”) in complaint case No.105 of 2011, which was allowed.

3.       The brief facts of the case are that an electric supply line was crossing over the agriculture land of the complainant and due to some defect sparks fell down  and as a result repened wheat crop belonging to complainant got burnt and reduced into ashes. This fire incident was doused with the intervention of fire brigade. This is how complainant suffered loss of Rs.2,45,000/-. DDR was also lodged. Halqa patwari visited the spot and also gave his report.  After this unfortunate accidental fire, complainant requested the OPs to compensate his loss but  they refused finally in February 2011.  Faced with this situation, he got issued a legal notice to the OPs but to no avail. Thus there was deficiency in service on the part of the OPs, hence the complaint.

4.        Notice issued to the OPs.  In reply, the OPs admitted that they have released  an electricity connection in the name of complainant.  It was denied that electricity supply wire going through the fields of the complainant were loose. As per version of complainant, the fire broke out on 11.04.2010 but no complaint was lodged by the complainants in the complaint centre of UHBVNL.  Upon enquiry, JE who was appointed to look into this matter has reported that crops did not burn or suffer any damage due to electricity sparks as there was no tripping of 11 KV chhapra feeder as per the log-sheet dated 11.04.2010 through which electricity  was being supplied to the tubewell of the complainant. Thus complainant was not entitled for any compensation much less as prayed for.  Thus there being no deficiency in service on the part of the OPs, so request for dismissal of the complaint was made. 

5.        The District Commission, Ambala after taking into consideration the material available on record allowed the complainant vide order dated 30.12.2016, whereby it held as under:

“Accordingly, the complaint is allowed with cost alongwith compensation of Rs.2,57,500/- as assessed by Revenue Authorities and OPs are directed to comply with the following directions from receipt of coy of the order:-

1. To pay a sum of Rs.2,57,500/- to the complainants within sixty days after receiving copy of the order failing which, the OPs will pay the interest @ 9% per annum on the aforesaid amount from the date of filing of the complaint till its realization.
2. Also to pay a sum of Rs.5000/- as costs of proceedings.”       

6.      Feeling aggrieved by the order of learned District Commission, Ambala, opposite parties-appellants have preferred this appeal.

7.      The arguments have been advanced by Mr.Pankaj proxy counsel  for Mr. B.S.Begi, Advocate for the appellant. With his kind assistance entire appeal record has been properly perused and the record of learned District Commission was also examined.

8.       It is not disputed that as per the Patwari report Annexure C-9 cause of fire of the wheat crop was shown as sparking in the electricity wires.  Fire report Annexure C-3 and DDR also shows that the fire broke out as there was sparking in the electricity wire and since the underlying crop had already ripened so it got burnt and complainant suffered a huge loss due to the above said fire.   The report of JE  that loss was not resulted due to sparking in the electricity wire is also not acceptable because as per  fire report, DDR as well as patwari report clearly brings out that the fire was broke out solely due to sparking in the electricity wire.  When the complainant suffered huge loss on account of fire in his field, it was the responsibility of the OPs to pay compensation which has not kept its transmission lines properly.  Learned District Commission has rightly allowed of the complaint of the complainant.

9.      Resultantly, the contentions raised on behalf of the present appellants stands rejected as rendered no assistance and found to be untenable and the order passed by the learned District Commission does not suffer from any illegality or perversity and is well reasoned and accordingly stands maintained for all intents and purposes.  Hence, appeal  stands dismissed on merits.

10.    The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the complainants-respondents against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

11.    Application(s) pending, if any, stand disposed of in terms of the aforesaid Order.

12.    A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The Order be uploaded forthwith on the website of the commission for the perusal of the parties.

13.    File be consigned to record room.                  

 

09th  March, 2023Suresh Chander Kaushik                           S. P. Sood                                                    Member                                                         Judicial Member    

 

S.K

(Pvt. Secy.)