BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.65 of 2019

      Date of Instt. 05.03.2019

      Date of Decision: 10.02.2023

Manoj Kumar age 50 yrs S/o Sh. Sham Sunder R/o 17/1-C, Punjab Avenue Near Urban Estate Phase-I, Jalandhar.

..........Complainant

Versus

1.       Sub Divisional Officer Technical-3, Model Town Punjab State          Power Corporation Ltd. Jalandhar.

2.       XEN Model Town Division Punjab State Power Corporation Ltd.    Jalandhar.

3.       C. M. D. Punjab State Power Corporation Ltd. The Mall Patiala.

….….. Opposite Parties

          Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. Sanjiv Sharma, Adv. Counsel for the Complainant.

Sh. K. L. Dua, Adv. Counsel for the OPs No.1 to 3.

Order

Dr. Harveen Bhardwaj (President)

1.                This complaint has been filed by the complainant, wherein alleged that the complainant is resident of H.No.17/1-C, Punjab Avenue near Urban Estate Phase-I, Jalandhar for the last more than 10 years. There is HT line has been going over the house of the complainant and his adjoining houses and which is not safe and is very much dangerous for the house of complainant and adjoining buildings. The complainant moved an application with a request for the shifting of HT line and deposited Rs.500/- on 20/2/2014, thereafter concerned office staff after proper visit of the location of HT wires agreed to shift the HT wires and framed an estimate and send the notice dated 26/11/2016 to complainant to deposit Rs.29,120/- as shifting cost of the line. Then Complainant immediately deposited a sum of Rs.29,120/- with the OP vide cheque No.980370 dated 7/3/2017 drawn on State bank of India, Chotti Bardari branch Jalandhar duly honoured. Since 7/3/2017 complainant made a number of requests to OPs No.1 and 2 by visiting the office of OPs No.1 and 2, for the shifting of HT wires as during this period wires were fell down during rain as this is the end line and no support was lying to the Pole, which is very much dangerous for the complainant as well as other residents of the locality. But no action was taken by the OPs. Thereafter complainant also moved an application dated 17/12/2018 to OP No.1 and copy of the same was send to OP No.3 and to other relevant offices, but the OPs even after the receipt of the application had failed to shifting of HT wires going over the premises of complainant even after the receipt of estimated cost of Rs.29,120/- hence the complaint have got only remedy to file the present Complaint and due to the said attitude of the OPs complainant suffered mental tension and harassment and as such, the present complaint filed with the prayer that the complaint of the complainant may kindly be accepted and OPs be directed to shift the HT wires going over the house of the complainant and to pay Rs.1,00,000/- for causing mental tension and harassment to the complainant and Rs.11,000/- as litigation expenses.

2.                Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that no cause of action arose to the complainant to file the present complaint. It is further averred that there is no deficiency or negligence in the performance of any service duty on behalf of the OPs or any illegal trade practice on the part of the OPs No.1 to 3 and as such, the present complaint is liable to be dismissed on this sole score. It is further averred that the alleged request of the complainant cannot be allowed until and unless the permission is granted by the Railway Authorities as in this case the Railway Crossing comes in the way if the Wires are shifted. So without the permission of the Railway Authorities, the present shifting is not possible. It is further averred that the change of wire i.e. the Present Shifting of the Electricity Line, is not only within the Power and control of the Power Corporation and it also affects the Railway Crossing. So the Railway is a necessary party in the present case. It is further averred that the present complaint is bad on account of mis-joinder of necessary parties. The Railway authorities are the necessary parties in the present case. The present is very much expensive as per the Railway Mannual. The Traffic has to be blocked as per the Railway Manual and the expenses of Rs.5, 00, 000-00 per hour is there. The shifting work is to be done under the Supervision of the Railway Authorities as per the procedure laid down by the Railways. The complainant is himself at fault. The High Tension line was constructed and had been passing from the place for the last about 40 years. The complainant himself purchased the land under the High Tension Line on the lower rate and constructed his house, under the High Tension Wire, without getting the necessary permission from the Power Corporation, and now he cannot be allowed to say that the High Tension wires are going over the house of the complainant, which is not safe and is very much dangerous. This fact should have been considered by the complainant at the time when he purchased the land under the High Tension wires and at the time the house was constructed without getting the permission from the Power Corporation and without getting the site plan approved from the competent authority. The high tension wires were laid at the height of about 40 from the earth. It is further averred that the complainant cannot be allowed to take the benefit of his own wrong. He himself is guilty of constructing his house under the high tension wires, which were passing from the said place for the last about 40 years. On merits, it is admitted that a H. T. Line, is passing/going over the house of the complainant, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.

6.                 It is admitted that the complainant is the resident and owner of H.No.17/1-C, Punjab Avenue, Near Urban Estate Phase-I, Jalandhar. The complainant has proved on record the Aadhar Card Ex.C-1 and copy of the sale deed Ex.C-8, which is consisting of Jamabandi also. It is admitted case of the parties that there is a H. T. Line going over the house of the complainant and his adjoining houses. It has also been admitted that the complainant has deposited Rs.500/- on 20.02.2014 alongwith application for shifting of HT Line. The receipt has been proved as Ex.C-2. It is also admitted that the OP sent a letter to the complainant on 26.11.2016 asking the complainant to deposit Rs.29,120/- as shifting cost of the line. It has been mentioned on this letter Ex.C-3 that this is the estimated cost of shifting. Rs.29,120/- were deposited by the complainant vide Ex.C-4 and Ex.C-4/1. All these facts have admitted. It is also proved that the HT line over the houses of the colony is a danger to the residents. There was a publication in the newspaper also, which has been proved as Ex.C-1. The complainant has proved on record the bill Ex.C-6 showing that he is the consumer. The controversy is that now the complainant has alleged that there is a deficiency in service on the part of the OPs by not shifting the HT Lines from the house of the complainant despite the money got deposited by the OP.

7.                The OPs have alleged that the line cannot be shifted as the railway crossing comes in. The shifting of wires cannot be possible till the permission is granted by the railway authorities and for purpose of shifting the line, the traffic of railway line has to be blocked. The expenses for such shifting is Rs.5,00,000/- per hour as per the guidelines of the Railways and every work has to be done under the supervision of Railway Authorities after getting the permission from the Railway Authorities. Admittedly, there is no permission from the Railway Authorities. The OPs have proved on record the instructions and guidelines regarding the crossing railway lines Ex.OP-2 to Ex.OP-5. In the letter Ex.OP-6 it has been specifically instructed to get the permission from the Railway Authorities by the complainant himself and to deposit the required amount as per the guidelines. The order regarding the procedure to be adopted has been proved by the OPs Ex.OP-1, which shows that it cost Rs.5,00,000/- per hour and shall be submitted for finance vetting. As per the guidelines, the permission from the Railway is to be obtained by the complainant himself. There is no denial of the fact that there is a railway crossing where the lines are to be transferred and shifted. As per the guidelines, it is also proved that without the permission of the railway, no action can be taken. The OPs have wrongly got deposited the amount of Rs.500/- from the complainant for shifting the HT lines. The contention of the OPs that the complainant has intentionally purchased the property knowing that HT wires are going over the house is not tenable. It is the wish of the complainant as to where he wants to purchase the property or not. No one can force him to purchase any property, but there is a deficiency in service on the part of the OPs for sending a letter to the complainant to deposit Rs.29,120/- as estimated cost for shifting lines without assessing the fact that there is a railway line and railway crossing and without the permission of the railway authorities no action can be taken. This is unfair trade practice on the part of the OPs. The OPs have wrongly got deposited the amount, so they are liable to refund the same. Since, the necessary permission is required from the railways for shifting the lines so, the OPs can seek the relevant permission from the Railway Authorities, as per rules. Thus, the complainant is entitled for the relief.

8.                In the light of above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to refund Rs.500/- + Rs.29,120/- i.e. in total Rs.29,620/- to the complainant with interest @ 6% per annum from the date of deposit the above said amount. Both the complainant and OPs can get the lines shifted, if the complainant so wants after following the due procedure and following the guidelines as per rules. Further, the OPs are directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                             Jaswant Singh Dhillon                    Dr. Harveen Bhardwaj     

10.02.2023                    Member                                President