Haryana

Yamunanagar

CC/492/2014

Santokh Singh S/o Jagat Singh - Complainant(s)

Versus

The UHBVN Ltd. - Opp.Party(s)

Parveen Kumar

24 Nov 2017

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM YAMUNA NAGAR JAGADHRI.

                                                                      Complaint No.492 of 2014.

                                                                      Date of Institution:27.11.2014.

                                                                      Date of Decision:24.11.2017.

Santokh  Singh (70) son of Late Jagat singh, resident of village Kheri Darshan Singh, tehsil Jagadhri, Distt. Yamuna Nagar.

                                                                               

                                                                                          …Complainant.                                     

                                             Versus

1.       The UHBVN Sub Division O.P. Mustafabad, District Yamuna Nagar through its SDO.

2.       UHBVN Ltd. Yamuna Nagar, Distt. Yamuan Nagar through its Executive Engineer.

3.       UHBVNL Sector-6, Shakti Bhawan, Panchkula through its Managing Director.

                                                                                            ..Respondents.    

 

Before:         SH. SATPAL …………….    PRESIDENT

                    SMT. VEENA RANI SHEOKAND, ………...MEMBER.

 

Present: Sh.Parveen Kumar, Advocate for complainant.

              Sh.Zile Singh, Advocate, for respondents.

ORDER   :  (SATPAL, PRESIDENT).

1.                 The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 against the respondents (hereinafter the respondents shall be referred as OPs). 

2.                 Brief facts of the present complaint are that the complainant has taken 5 acres of agricultural land owned by the Gram Panchayat, Kalawar on lease for the period from 20.5.2013 to 20.5.2014 and paid Rs.70,500/- to Gram Panchayat, Kalawar vide book No.197 receipt No.16, dated 20.5.2013.  The complainant after irrigating, ploughing the said land sown the wheat crop in the aforesaid land.  The complainant has irrigated the said land from his tube well connection bearing account No.KD0066, which is in the name of complainant and the complainant has been paying the consumption charges of above said tube well to the OP No.1.  When the above said crop of the complainant had become mature for harvesting but unfortunately due to short circuit two acre of wheat crop of the complainant standing in Khasra No.137//9,10,12 and burnt on 11.4.2014 and with the active help of the villagers the fire was controlled and the matter was reported to the Police Station, Chhappar and to this effect the police lodged a GD No.13(A).  In this regard news was also published in the News Paper dated 12.4.2014.  The complainant has moved an application to the Halqa Patwari who made his report regarding the damages caused to the complainant. The officials of the Ops were reached at the time of above occurrence and assured that they will compensate the complainant but despite several requests the Ops pay no heed to the genuine request of the complainant, which amounts to deficiency in service on the part of the Ops and prayed for acceptance of complaint by directing the Ops to receive the amount of Rs.1,50,000/- on account of loss of crop/produce due to the fire caused arising out of sparking of wires and on account of expenses incurred by the complainant on cultivation i.e. irrigation, labour, pesticides, fertilizer etc. and to pay Rs.30,000/- on account mental agony, harassment as well as Rs.11,000/- as cost of proceedings. 

3.                 Upon notice the Ops appeared and filed their written statement by taking some preliminary objections alleging therein that the complaint is not maintainable; the complainant has no locus standi or cause of action against the Ops to file the present complaint; this Hon’ble Forum has no jurisdiction to entertain and try the present complaint.  On merits, admitted that the complainant is consumer of the Ops.  In fact on receipt of information of fire resulting burning of wheat crop of Santokh Singh a party headed by Sh.Randhir Singh JE, has been constituted to find out the reason for burning the wheat crop and it was found that transformer installed in the field of Santa Singh is all right and all the wires connecting the transformer from L.T and H.T. lines are in working order and the wheat crop of Santokh Singh did not catch fire due to the reason as alleged by the complainant.  The fire accident took place due to popular trees standing and touching the electric wires in the field in question.  The complainant was accordingly told to cut the trees but he refused to do so. There is no deficiency in service on the part of the Ops and prayed for dismissal of complaint.

4.                 To prove the case, the counsel for the complainant tendered into evidence affidavit of complainant as annexure CW/A, documents such photographs as annexure C.1 to C.3, copy of DDR as annexure C.4, copy of application addressed to the Halqa Patwari as annexure C.5, Report of Patwari as annexure C.6, copy of receipt Book No.197/16 as annexure C.7, copy of cutting of News Paper as annexure C.8 and copies of bills as annexure C.9 & C.10 and closed the evidence on behalf of complainant.

5.                 The counsel for the Ops tendered into evidence affidavit of Shri Ram Kumar as annexure RW/A, report of JE as annexure R.1 and closed the evidence on behalf of the Ops.

6.                 We have heard the learned counsel for the parties and have gone through the pleadings as well as documents placed on the file minutely. 

7.                 After hearing the learned counsel for the parties and going through the pleadings as well as documents placed on the file, it has been found that the complainant is consumer of the Ops having tube well connection No.KD-0066 and has been paying the bills regularly.  This fact is also clear from the annexure C.7 which is photocopy of receipt book No.197/ receipt No.16, dated 20.5.2013 issued by the Sarpanch Ravinder Singh, Gram Panchayat, Kalawar that the complainant has taken the land of the Gram Panchayat on lease for cultivation.  This fact is also not disputed that the wheat crop of the complainant was not burnt.  However, the main controversy between the parties is regarding the cause of fire which burnt the standing wheat crops of the complainant and to the extent of area which came under the influence of fire and thereby caused loss to the standing wheat crop of the complainant.

8.                 The version of the complainant is that the wheat crop was burnt due to the short circuit in the LT line passing over his fields and that the cause of the short circuit in the LT line was the friction between the loose electric wires on account of blowing of wind at high speed on that day whereas on the other hand the version of the Ops is that incident of fire occurred due to the existence of popular trees below the electric line and that the fire did not occur due to the short circuit in the LT line as the electric line and fuse wiring system was in perfect condition at the time of inspection by the JE.  The learned counsel appearing on behalf of Ops also contended that fire in the wheat crop occurred due to the standing popular trees below the line and in this regard the complainant was asked by the Ops many times to remove the same and thus no lapse can be attributed on the part of the Ops.

9.                 We have gone through the copy of DDR entered by the police (annexure C.4), application (annexure C.5) given by the complainant to the Patwari for inspection, report of the Patwari (annexure C.6) and report of JE (annexure R.1).  We have also seen the photographs placed on the file which are annexure (C.1 to C.3).  From the perusal of above documents it is clear beyond any doubt that wheat crop of the complainant sown in the land taken by him on lease from Gram Panchayat was burnt on 11.4.2014.  The complainant reported the matter promptly and without any loss of time to Police and Patwari.  Further the report of Patwari fortifies the version of complainant about the occurrence of fire and the loss caused thereby to him because as per report of Patwari the wheat crop in Khasra No.137//9/10/12 was burnt due to fire.  The version of the complainant about the cause of fire and the quantum of loss seems to be more correct and nearer to the truth in view of the fact that the complainant reported the matter to the Police and the Patwari immediately and without any loss of time.  The promptness on the part of the complainant in reporting the matter to the concerned authorities gives credence to his version whereas the version of the Ops which is totally based upon the report of the JE seems to be incorrect and false in the presence of photos annexure (C.1 to C.3) wherein no trees high or low are seen as also the DDR (annexure C.4), report of Patwari (annexure C.6).   Further no popular trees as alleged by the Ops are visible from the photographs (annexure C.1 to C.3).  Moreover, there is no rebuttal on the part of the Ops of the version of the complainant that the fire occurred due to the short circuit in the electric line.  Even, the version of the Ops is not supported by the affidavit of the JE or any other higher officer.  

10.               In view of these facts, it can safely be concluded that the wheat crop of the complainant was got damaged on account of fire which occurred due to short circuit in the electric line of the Ops and on account of fire wheat crop in the area of 1½ acres was burnt.  The Ops have been found negligent while not maintaining their electric lines properly and thus the complainant is entitled for relief in respect of the loss suffered by him.

11.               So far as the point of relief is concerned, let the average yield of one acre of wheat crop be taken as 15 quintals per acre and thus complainant has suffered loss of 22 quintals of wheat.  Regarding rate it has been conveyed that the Minimum Sale Price in the year 2014 was Rs.1400/- per quintal and thus the loss comes to i.e. 22quintals x Rs.1400=Rs.30800/-.

12.               Resultantly, we partly allow the complaint of the complainant by directing the Ops to pay Rs.30,800/- on account of loss suffered by the complainant due to electric short circuit along with interest @6% p.a. from the date of filing of complaint i.e. 27.11.2014 till its realization.  Further the Ops are further directed to pay Rs.3300/- as cost of proceedings.  Order be complied within one month from the date of preparation of this order.  Copies of this order be supplied to the parties concerned free of costs.   File be consigned to record-room after due compliance.

Announced in open Court:24.11.2017.                   

                                                                                (SATPAL)

                                                                                PRESIDENT.

 

(VEENA RANI SHEOKAND)                                                                          

 MEMBER.