Haryana

Karnal

322/2013

Puran Chand S/o Mali Ram - Complainant(s)

Versus

Uttar Haryana Bijle Vitran Nigam Limited - Opp.Party(s)

Devender Gupta

07 Oct 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                              Complaint No. 322 of 2013

                                                             Date of instt. 19.07.2013

                                                               Date of decision:7.10.2016

 

Puran Chand son of Shri Mali Ram resident of village Uncha Samana tehsil and District Karnal.

 

                                                                         ……..Complainant.

                                                Versus

Utri Haryana Bijli Vitran Nigam Ltd. Sub Division Newal District Karnal, through its SDO ‘OP’.

                                                                                 …………Opposite Party.

 

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-      Shri S.D.Sharma Advocate for complainant.

                    Shri P.S.Bhati Advocate for opposite party.

                                     

 ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer protection Act, 1986, on the averments that he got tubewell connection no.AP 14-1705 in the year 2009 for irrigating his land measuring 3 acres, under scheduled caste quota, by paying expenses for poles and wires etc. Due to floods in Yamuna River about 1½ acres land became uncultivable. He wanted to plant the Safeda trees in the remaining 1½ acres of land and construct a Kotha near the already existing pole. The land of Zile Singh, which was purchased in the year 2012, adjoins his land. The opposite party issued electricity connection for tubewell to Zile Singh in June, 2012 and the electric wires for the said connection pass over his agricultural land due to which neither he can plant the trees nor construct the Kotha in his land and that would remain dangerous for the crops/ trees and human beings. He requested the opposite party for removal of the electricity wires passing over his land, but no action was taken, which amounted to deficiency in service on the part of the opposite party.

2.                Notice of the complaint was given to the opposite party, who put into appearance and filed written statement controverting the claim of the complainant. Objections have been raised that the complainant has no locus standi and cause of action to file the complaint; that the complaint is an abuse of process of law; complaint is not legally maintainable; that the complainant has not approached this Forum with clean hands and that this forum has no jurisdiction to entertain and decide the present complaint in view of provisions of Section 145 of the Indian Electricity Act.

                   On merits, it has been submitted that the opposite party installed the poles and erected the electricity line as per the shortest route after making due inspection at the spot by technical staff. At the time of installation of the said electricity line no one raised any objection. The electricity line was rightly and legally installed and it is not possible to remove the same.The other allegations made in the complaint have been denied.

3.                In evidence of the complainant, his affidavit Ex. CW1/A, affidavit of Ram Charan Ex.CW1/B and documents Ex.C1to C4 have been tendered.

4.                On the other hand, in evidence of the opposite party, affidavit of S.S.Dahiya Sub Divisional Officer (OP) Ex.O1 has only been tendered.

5.                We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties.

6.                Admittedly, the complainant got one tubewell connection for irrigating his land, therefore, he is consumer of the opposite party. The land of one Zile Singh adjoins his land on two sides as is evident from the site plan Ex.C3 as well as the site plan produced by the opposite party. Zile Singh has been release electricity connection by erecting electricity line over the land of the complainant. No prior consent was obtained by the opposite party for erecting electricity line over the land of the complainant. Due to such act of the opposite party complainant would not be able to plant big trees and other trees like Safeda and Popular in his land. An owner of the land is entitled to use his land in any manner, he likes and his right can be curtailed only in accordance with the law. The opposite party can certainly erect the electricity line and poles on the Kila line of the land of any farmer for releasing the tubewell connection to other farmers, but has no right to erect pole or electricity line over the land of any farmer without his consent. Learned counsel for the opposite party could not cite any provision of law or instruction or rule according to which electricity line for giving connection to Zile Singh could be erected, passing the same over the land of the complainant. Under such circumstances, we have no hesitation in concluding that the opposite party has not acted in accordance with the law and such act and conduct on the part of opposite party amounted to deficiency in service.

7.                In view of the foregoing discussion, we accept the present complaint and direct the opposite party to remove the existing electricity line for tubewell of Zile Singh passing over the land of the complainant and erect the same on Kila line of the complainant or by adopting some other route. We further direct the opposite party to pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 07.10.2016

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member