Haryana

Karnal

CC/185/2019

Sarabjit Singh - Complainant(s)

Versus

The M.D. Uttri Haryana Bijli Vitran Nigam Limited - Opp.Party(s)

S.S.Moonak

14 Sep 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 185 of 2019

                                                        Date of instt.05.04.2019

                                                        Date of Decision:14.09.2022

 

1.     Sarabjit Singh,

2.     Amarjit Singh,

3.     Jagjit Singh sons of late Shri Harbail Singh son of late Shri

Raghbir Singh, all resident of village Munak, Sub Tehsil Balla, District Karnal.

 

                                               …….Complainants.

                                              Versus

 

1.     The M.D. Uttri Haryana Bijli Vitran Nigam Limited, Shakti  Bhawan, Panchkula.

2.     The XEN, Sub Division no.2, UHBVNL, Rajiv Gandhi Vidyut Bhawan, Sector-12, Karnal.

3.     The S.D.O. OP sub Division, UHBVNL, Munak, District Karnal.

4.     State of Haryana through Collector, Karnal.

5.    The SDO (OP) UHBVNL, Jundla, District Karnal.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

              Dr. Rekha Chaudhary…Member

 

 Argued by: Shri S.S.Moonak, counsel for complainants.

Shri B.P. Singh, counsel for OPs no.1 to 3 and 5.

OP no.4 exparte.

 

                    (Jaswant Singh President)

ORDER:  

  

                The complainant has filed the present complaint Under Section 12 of the Consumer Protection Act, 1986 as after amendment Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainants are owners in possession in equal shares of agricultural land measuring 64K-01M out of which 35 kanals-13 marlas is comprised in khewat no.31/29, khatoni no.35, Rect. No.157, killa no.23(8-0), 24(4-0), rect no.181, killa no.4(4-8), 8(5-13), 9(8-0), 10/1(5-12), kittas:6, situated in village Munak, Sub Tehsil Balla, District Karnal according to jambandi for the year 2013-2014.  Complainants are having electricity connection on tubewell bearing no.UA-11/1483-K which is in the name of Jagjit Singh i.e. complainant no.3, a 33 KV line called as “Buddanpur Line” which passes above the aforesaid agricultural fields of the complainants. On10.04.2017 at about 12.00 o’clock the Jumper of the aforesaid line had broken down due to which sparking started in the cable/wires as the electricity was passing through these lines, due to which the standing wheat crops which was matured in the agricultural fields of complainants was completely burnt. Beside this the ‘wheat husk’, ‘Parali’ stored near the Tubewell Kotha was completely burnt in this fire. The matter was immediately brought in the knowledge of the OPs, the officials of the OPs visited the spot alongwith Tehsildar, Paatwari, SDO UHBVN, Munak and Sarpanch of the village Shri Hawa Singh and other Higher officials of the Government Department.  The fire was extinguished by the Fire brigade which was called from Gharaunda. The matter was brought in the knowledge of the local police and the DDR no.8, dated 10.04.2017 was registered in this regard with Police Post, Munak, District Karnal. The wheat crops of the complainants and wheat husk (Bhusa), Kotha and Parali were completely burnt, resulting into huge financial loss to the complainants. The damage was assessed by the Local Revenue Officers and report was also prepared by them in this regard. The complainants have suffered great mental pain, agony as well as financial loss to the tune of Rs.3 lakhs. After this incident, complainants submitted all relevant documents etc. to the office of OPs and also met the concerned officials for the payment of compensation, but till today no compensation has been paid to the complainants by the officials of the OPs. The aforesaid incident/accident took place due to the sole rash, careless and negligent act and conduct on the part of the OPs as they failed to maintain the electricity lines properly knowing very well that the wheat crop was ready for which the OPs and their officials are liable for the same. Then complainant sent a legal notice dated 04.06.2018 to the OPs but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint seeking direction to the OPs to pay Rs.3 lakhs alongwith interest and to pay Rs.50,000/- for mental pain, agony, harassment as well as financial loss.

2.             On notice, OPs no.1 to 3 appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action; jurisdiction; mis-joinder and non-joinder of necessary parties and concealment of true and material facts. On merits, it is pleaded that as per Section 161 of the Electricity Act, 2003, if any accident occurs in connection with the generation, transmission, supply or use of electricity plant of any person or animals and the accident results or is likely to have resulted to a human being or animal, such person shall give a notice of the occurrence of any such loss or injury actually caused by the accident, in such form and within such time as prescribed to the Electrical Inspector. The Electrical Inspector of the State Government is legally authorized to enquire and report as to the cause of any accident. For holding of such inquiry, the Electrical Inspector has got all powers of civil court under the CPC 1908 for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects in order to come to the conclusion as to the reason for the electrical accident and the responsibility thereof. But in the present case no intimation qua the alleged accident was given to the OPs by the complainant and as complaint of the complainant is liable to be dismissed. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied by the OPs and prayed for dismissal of the complaint.

3.             OP no.4 did not appear despite service and opted to be proceeded against exparte, vide order dated 24.05.2019 of the Commission.

4.             OP no.5 filed its separate written version and followed the almost same lines of written statement filed by OPs no.1 to 3  and further denied that on 10.04.2017 at about 12.00 o’clock, the Jumper of line had broken down due to which sparking started in the cable/wires. On the alleged date and time the jumper of electricity line of the OPs has not broken down and as such there arises no question at all of sparking of electricity. The wheat crop of the complainant has not burnt due to any kind of sparking in the line of the Nigam, rather it has been damaged due to some other fact that has been concealed by the complainant with malafide intention to grab money from the OPs and prayed for dismissal of the complaint.

5.             Parties then led their respective evidence.

6.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, affidavit of Tehsin @ Tehsim  Ex.CW2/A, copy of Jamabandi Ex.C1, copy of electricity bill Ex.C2, copy of legal notice Ex.C3, postal receipt Ex.C4, copy of DDR Ex.C5, copy of letter dated 12.04.2017 Ex.C6, copy of Rojnamcha Ex.C7, copy of khasra Girdawari Ex.C8, photographs Ex.C9 to Ex.C27, copy of CD Ex.C28 and closed the evidence on 04.02.2021 by suffering separate statement.

7.             On the other hand, learned counsel for OPs no.1 to 3 and 5 has tendered into evidence affidavit of Rohit Kumar SDO Ex.OP1/A and thereafter closed the remaining evidence of the OPs on 24.05.2022 by court order.

8.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of complaint, has vehemently argued that that complainants are owners in possession in equal shares of agricultural land measuring 64K-01M.  Complainants are having electricity connection on their tubewell. He further argued that a 33 KV line passes above the aforesaid agricultural fields of the complainants. On 10.04.2017 at about 12.00 o’clock the Jumper of the aforesaid line had broken down due to which sparking started in the cable/wires, due to which the standing wheat crops in fields of complainants was completely burnt. Beside this the ‘wheat husk’, ‘Parali’ stored near the Tubewell Kotha was completely burnt in this fire. The matter was immediately brought in the knowledge of the OPs. The fire was extinguished by the Fire brigade. The matter was also brought in the knowledge of the local police. The damage was assessed by the Local Revenue Officers and report was also prepared by them The complainants have suffered great mental pain, agony as well as financial loss to the tune of Rs.3 lakhs. Complainants submitted all relevant documents etc. to the office of OPs and requested for the payment of compensation, but till today no compensation has been paid to the complainants and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs no.1 to 3 and 5, while reiterating the contents of written version, has vehemently argued that no intimation qua the alleged accident was given to the OPs by the complainant. He further argued that on 10.04.2017 at the time of incident, the jumper of electricity line of the OPs has not broken down and as such there arises no question at all of sparking of electricity. The wheat crop of the complainant has not burnt due to any kind of sparking in the line of the Nigam, rather it has damaged due to some other which fact has been concealed by the complainant and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, complainants are having an electricity connection on their tubewell in the name of complainant no.3 Jagjit Singh.

11.           It is evident from the copy of jamabandi Ex.C1, complainants are owner in possession of land mentioned in para no.2 of the complaint. It is also evident from the copy of khasra girdawari Ex.C8, the complainants have shown wheat crop in their land. It is also evident from the DDR Ex.C5 on 10.04.2017 at about 12.00 o’clock the incident took place due to short circuit, at about 20-25 acres of wheat crop and at about 15-20 acres wheat husk were burnt in the said incident. This fact also proved from the copy of resolution dated 11.04.2017 Ex.C7 passed by the Gram Panchyat, Moonak and same was sent by Block Development and Panchayat Officer Gharaunda (Karnal) to Deputy Commissioner, Karnal, vide memo 73 dated 12.04.2017 Ex.C6. It is also evident from the photographs Ex.C9 to Ex.C27 and CD Ex.C28 that incident took place in the village Moonak and wheat crop and wheat husk were burnt in the said incident. It has been proved from the abovesaid documents that the complainants are the owner in possession of land measuring 35 kanal 13 Marlas of land and wheat crop and wheat husk were burnt in the said incident was took place due to sparking in the electricity wires belonging to the OPs. To prove their case, complainant Sarabjit Singh and  Tehsin of village Moonak have placed on file their affidavits Ex.CW1/A and Ex.CW2/A respectively.

12.           To rebut the version of the complainants, OPs have placed on file only affidavit of SDO Rohit Kumar, Sub Division, Jundla, District Karnal and no other documentary evidence have been placed on file by the OPs. OPs have taken a plea that no intimation with regard to incident was ever given by the complainants. But this plea is not believable as a very big incident took place and news of the said incident was spread in the public at large. Furthermore, official of the Revenue Department and fire brigade had reached to control the fire. Thus, plea taken by the OPs has no force.

13.           In view of the above, it has been well proved on the file that the incident had taken place due to sparking in the electricity wires of the OPs. The complainants have claimed Rs.3 lakhs on account of compensation for financial loss and Rs.50,000/- on account of mental pain, agony and harassment etc.

14.           During the course of arguments, learned counsel for the complainant has placed on file, letter memo no.4805 dated 16.08.2022 whereby the actual yield in Rabi season 2016-2017 has been mentioned 5786.48 yield kg/hect. and submitted that the rate of the wheat in the year 2017 was Rs.1625/- per quintal and total loss comes out of Rs.1,90,000/-.

15.           Considering the all aspects of the case and in the interest of justice we are of the considered view, it would be justified, if the complainants are to be awarded of compensation to the tune of Rs.1,00,000/- (Rs.one lakhs) on account of financial loss, mental pain, agony and harassment and litigation expenses. Order accordingly.

16.           Thus, as a sequel to abovesaid discussion, we partly allow the present complaint and direct the OPs to pay Rs.1,00,000/- (Rs. one lakhs) to the complainant on account of financial loss, mental pain, agony and harassment and litigation expenses. This order shall be complied with within 45 days from the date of receipt of copy of this order failing which the abovesaid amount will carry interest @ 9% per annum from the date of filing the complaint till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:14.09.2022                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                          Member                      Member