For the Complainant:- Sri S.Choudhury, Advocate, Bhawanipatna.
For the O.Ps :- In person.
ORDER.
The present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.Ps for not remove the electric pole panted bend towards the house of the complainant. The brief facts of the case summarized here under.
1. That the complainant is registered owner of the land situated at Radhakrushna Nagar, Near Balaji Temple vide khata No. 12, plot No.72 area extent to Ac. 0.037 dec. The said land is under his exclusive possession and right and interest is vested with my client. The complainant constructed his own residential building over the said plot and resides there with his family members since January, 2010. The complainant avail electricity facility of domestic purpose. During the month of October,2011 the O.Ps had planted electric pole in front of residential house of the complainant the pole planted in such a way it is bend towards the residential house of the complainant for distribution, supply and transmission of 11 K.V. electricity and naked 11 K.V. electric wire passes over the house of the complainant, which create endanger to lives and property of family of the complainant as well as that of the public. Planting of electric pole and drawn of naked electric wire over the house of the complainant is clear violation of the provision laid, for safety and supply of electricity in the Electricity Act, 2003. Due to passing of naked electric wire complainant is unable to construct further up-stairs out of fear of electricity. Last week of July, 2013 heavy rain occur and on Dt. 26.7.2013 due to rain the up-stair of the residential house of the complainant was electrify and when complainant went to up-stair he was sustain injury due to electric shock and treated at Dist. Headquarter Hospital, Bhawanipatna vide OPD Registration No. 1083. The complainant intimated the above facts to the O.Ps to remove the above electric pole but in vain. The complainant prays the forum direct the O.Ps to remove the electric pole painted bend towards the house of the complainant for the safe supply and distribution to the public. The complainant further prayed to direct the O.P. to pay compensation and cost to the complainant for the best interest of justice.
2. On being noticed the O.Ps filed joint written version and submitted that the complainant is put to strict proof of the averments made in para- 1 of the complaint petition. The O.Ps further submitted that there is a street light pole installed in the premises of the house which seems bent but the 11 K.V. erected pole is proper and strong. The present claim not being related to any service the present claim is not maintainable under the purview of legislation law. The O.Ps are not negligent or deficient in their service who have been rendering their service to all consumers in best possible manner sincerely and honestly with utter regards to their duties and responsibilities with a view to up keep good harmony with consumers and public. The complaint petition is not maintainable and is liable to be rejected. The O.Ps prayed to dismiss and drop the above case rejecting the relief claimed and prayer made by the complainant due to above reasons for the best interest of justice.
The O.Ps appeared and filed their written version. Arguments from both the parties heard. Perused the record, documents, written argument filed by the parties.
The learned counsels for the complainant and O.P vehemently advanced arguments touching the points both on the facts as well as on law.
FINDINGS.
3. The plea taken by the O.Ps not in a sound legal footing and they wanted to justify their legal actions and in order to prolong the litigation they have taken the above stand. When ever any statutory authority is acting illegally and putting the general public into trouble in the guise of public works, the actions by such authority is deemed to be illegal and arbitrary. The O.Ps have not filed any documents in support of their claim and rather they have indirectly admitted the illegal acts. The complainant approached the O.Ps several times to remove the pole, but in vain.
We find there is gross deficiency and negligence on the part of the O.P.
Hence to meet the ends of justice, the following order is passed. ORDER.
In the result with these observations, findings, discussions the complaint petition is allowed in part on contest against the O.P.
The O.Ps are directed to remove the electric pole painted bend towards the house of the complainant for the safe supply and distribution to the public with in 3(three) months from the date of this order.
The O.P is ordered to comply the above directions within 30 days from the date of receipt of this order failing which the complainant is at liberty to file execution proceeding as laid down in the C.P.Act for realization of the same from the O.P..
Dictated and corrected by me
Pronounced on this 30th. day of December, 2016.
Member. Member. President
