Haryana

Ambala

CC/125/2019

Ramesh Kumar - Complainant(s)

Versus

S.D.O - Opp.Party(s)

Jahar Singh

20 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  125 of 2019.

                                                          Date of Institution          :  22.04.2019.

                                                          Date of decision   :  20.08.2019.

 

Ramesh Kumar s/o Shri Ajmer Singh, r/o village Firozpur, PO Kathe Majra, Tehsil Naraingarh, Distt. Ambala.

                                                                                       …. Complainant.                                                Versus

SDO ‘Operation’, UHBVN, Naraingarh, District Ambala.

               ..…. Opposite Party.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.                 

                            

Present:       Shri Jahar Singh, Advocate for the complainant.

OP ex-parte.

 

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to it:-

1. To affix the pole and electricity wire to the tube-well of the complainant.
2. To pay Rs.50,000/- due to deficiency in service alongwith interest @ 18% P.A.
3. To pay Rs.1,00,000/- as compensation for mental agony and physical harassment suffered by the complainant.
4. To pay Rs.20,000/- as litigation expenses.

 

                   In nutshell, the brief facts of the present complaint are that the complainant had taken 6 acres land on lease situated in Mouja Toka, village Dera, Tehsil Naraingarh from its owner Smt. Soma Devi w/o Shri Duni Chand, r/o Kaimwala, Chandigarh on yearly basis. An electric tube-well was installed in the said land and the line from which the electricity come to complainant’s tube-well, a pole and all wires, broke down. He informed the OP and JE of OP department through telephone on Government mobile number and requested several times to fix pole and power cable on the pole for supplying the electricity properly. From 07.09.2018 to 18.10.2018, neither any employee of OP came to the spot nor supplied the electricity to his tube-well, as a result of that, his standing crop dried up due to non availability of water and this fact is clear from the report of BTM, Naraingarh, sent to the Divisional Agriculture Officer vide report dated 02.11.2018. The complainant had suffered mental agony & physical harassment as well as huge financial loss of Rs.1,00,000/- due to deficiency in service on the part of the OP/their employee. He had given an application dated 18.10.2018 to the SDM, Naraingarh and DC, Ambala for the act and conduct of the OP. He had sent a registered legal notice to the OP through his counsel on 22.11.2018, but the OP neither gave reply to that notice nor taken any action. Therefore, the OP is deficient in providing the services. Hence, the present complaint.

2.                Upon notice, none has appeared on behalf of the OP before this Forum, therefore, OP was proceeded against ex-parte vide order dated 25.06.2019.

3.                The ld. counsel for the complainant tendered affidavits of the complainant and Shri Randhir Singh as Annexure C1/A & C2/A alongwith documents as Annexure C-1 & C-9 and closed the evidence on behalf of complainant.

4.                We have heard learned counsel for the complainant and carefully gone through the case file.

5.                The learned counsel for the complainant has contended that the complainant has taken 6 acres land on lease on yearly basis vide Agreement dated 19.11.2018 Annexure C-7, therefore, the complainant comes within the ambit of definition of consumer as defined in the Section 2(i)(d) of the Consumer Protection Act. He further contended that the line from which the electricity comes to tube-well of the complainant, a pole and all the wires broke down there. The complainant informed the OP/JE through telephone requesting them to fix pole and power cable on the pole for supplying the electricity properly, but all in vain. In this regard, the complainant given separate applications dated 18.10.2018 to SDM, Naraingarh and DC, Ambala (Annexure C-2 & C-3), but no action was taken by them. Due to non availability of water, his standing crop was dried up and he suffered a huge loss of Rs.1,00,000/- as is evident from the report of BTM, Naraingarh, sent to the Divisional Agriculture Officer dated 02.11.2018 (Annexure C-1). There is clear cut deficiency in service on the part of the OP. However, despite service, the OP preferred not to appear before this Forum and rebut the above said version of the complainant. Thus, we have no option but to accept the version of the complainant, which is duly supported by his affidavit and other supporting documents. Hence, we are of the view that OP is deficient in providing service to the complainant. However, at the time of argument, the complainant has made a statement that after filing the present complaint, the electricity board had started his electricity, but before that, his crop was badly damaged. Since the OP has started the supply of electricity of the complainant after the filing of the present complaint, therefore, certainly he is entitled to get compensation for loss to his crop alongwith litigation expenses.

6.                In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OP in the following manner:-

1. To pay Rs.4,000/- as compensation.
2. To pay Rs.3,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room. 

Announced on :20.08.2019.

 

 

 

          (Vinod Kumar Sharma) (Ruby Sharma)              (Neena Sandhu)

              Member                        Member                      President