Date of Filing 31.08.2023

                                                                                                       Date of Disposal: 19.12.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                       …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                             ……MEMBER-I

               THIRU.P.MURUGAN, M.Com, (ICWA), BL.,                                                                  …..MEMBER-II

CC.No.86/2023

THIS TUESDAY, THE 19^th DAY OF DECEMBER 2023

Mr.A.Balachandran,

No.58, NAS Garden, 3^rd Street,

Thirumalai Nagar,

North Korattur, Chennai 600 076.                                                         ......Complainant.

                                                                                      //Vs//

Director/Distribution (a/c),

TANGEDCO,

No.144, Anna Salai, Chennai 600 002.                                              ……Opposite party.

Counsel for the complainant                                                                 : Party in Person.

Counsel for the pposite party                                                               : Exparte.

This complaint coming before us on various dates and finally on 12.12.2023 in the presence of complainant who appeared as party in person and the opposite party was set exparte for non appearance and non filing of written version and upon perusing the documents and evidences of complainant side, this Commission delivered the following:

ORDER

PRONOUNCED BY THIRU.P.MURUGAN, MEMBER-II

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service in not removing the pole from the complainant’s premises along with direction to remove the pole on respondent’s own cost and compensation be awarded along with cost of the proceedings to the complainant.

Summary of facts culminating into complaint:-

2. The complainant who along with his brother, are legal heir of a plot No.19 in survey No.284/A1A, Kattankulathur Village, Maraimalai Nagar Township, Kanchipuram District which his father, purported to have purchased in the year 1990 and came to their possession in the year 2020 after his father’s demise.  His mother also demised in the year 2021 and therefore the complainant and his brother were become the owner of property since then legally.  When they visited the property subsequent to their possession they came to know that in their plot there is a electrical transmission line with pole was laid by TNEB without the knowledge of their father since then.  They approached the TNEB for removal of that pole for which they have asked to pay around Rs.4,000/- to get the estimation on the cost to remove the pole.  As such the estimation given by the TNEB is amounting to Rs.1,52,621/- which is high and for no fault of their part in it, and their request to TNEB to remove the pole went  unheeded, they approached the NCSC, Tamil Nadu and NCSC had directed the TNEB to do the needful in shifting the pole after a meeting with TNEB Officials.  It is stated that TNEB has communicated that the pole was erected in such plot prior to purchase by the petitioner’s father and if at all it is erected after his purchase they would remove the pole on their own cost.  In the meanwhile the TNEB department has sent a revised estimation to remove the pole with cost of Rs.36,257/-.  Aggrieved with the action by TNEB department, even though the NCSC’s intervention and direction for TNEB’s action to remove the pole, the present petition filed before this Commission.

3. On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to Ex A8 were submitted. Though notice was served he did not appear before this Commission to file any written version and hence he was called absent and set exparte on 18.11.2023 for non appearance and non filing of written version within the mandatory period as per statute.

Points for consideration:-

1.  The complainant has proved that the opposite party has laid the pole well after the purchase of plot and their request to remove the pole by the opposite party never yielded any result even after proving and therefore their prayer to remove the pole without charging any cost shall be considered.
2. If their prayer is considered on the material fact, what compensation they are eligible to get as per their prayer?

Findings of the case by Commission:-

4. Version of complainant clearly says the case history and the documents as filed by them indicates the results met by them in the hands of the opposite party here the EB department,  It is evident that the poles are erected in the plot pertaining to their father much after the purchase of the plot. The markings on the pole clearly visible for the year of manufacturer and since erected.

5. To prove the case, the complainant deposed proof affidavit with 8 documents which were marked as Ex.A1 to Ex.A4.  Ex.A1 is the demand notice of TANGEDCO dated 02.12.2022, Ex.A2 is the rejoinder for meeting with TANGEDCO, Ex.A3 is the NCSC letter for meeting with TANGEDCO, Ex.A4 is the demand notice of TANGEDCO against the decision taken during the meeting, Ex.A5 is the proof that the pole is laid after December 2016 and representation, Ex.A6 is the Director NCSC letter with reply from Director TANGEDCO, Ex.A7 is the NCSC letter with reply and Ex.A8 is the Death Certificates of complainant’s father and mother.

6. The repeated visit to office by the complainant in this regard never yielded result which forced the complainant to approached the NCSC and their intervention also brought no relief shows the attitude of the opposite party and even after filing petition before this Commission and due notice by this Commission to opposite party has earned no result since the opposite party has became exparte.

7. The complainant as party in person has filed due documents and Proof affidavit.  The opposite party who has been served notice on 16.10.2023 and as such the mandatory period over for filing written version and therefore the opposite party called absent and set exparte for non filing of written version.  Oral arguments of complainant heard and the Commission decided the case on merits.

8. The complainant has proved that the opposite party has laid the pole well after the purchase of plot and their request to remove the pole by the opposite party never yielded any result even after proving and therefore their prayer to remove the pole without charging any cost shall be considered.

9. Considering the case, this commission comes to the conclusion that the opposite party is held responsible and liable to oblige the complainant and shall remove the pole erected on their plot with due compensation.

In the result, the complaint is partly allowed against the opposite party directing them

a) To shift the electric poles along with the electric line from the complainant’s property within four weeks from the date of receipt of copy of this order without any payment from the complainant;

b) To pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for the mental agony and hardship caused to the complainant;

c) To pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant.

Dictated by the Member-II to the steno-typist, transcribed and computerized by him, corrected by the Member-II and pronounced by us in the open Commission on this 19^th day of December 2023.

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MEMBER-II                                            MEMBER-I                                          PRESIDENT

List of document filed by the complainant:-

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MEMBER-II                                      MEMBER-I                                              PRESIDENT