Haryana

Karnal

CC/168/2020

Sham Lal Garg - Complainant(s)

Versus

Uttri Haryana Bihli Vihran Nigan Limited - Opp.Party(s)

Sudhakar Mittal

06 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  COMMISSION, KARNAL.

 

                                                         Complaint No. 168 of 2020

                                                          Date of instt.18.03.2020

                                                          Date of Decision 06.06.2022

 

Sham Lal Garg son of Late Shri Har Narayan, resident of House no.1352, Urban Estate, sector-13, District Karnal.

 

                                                 …….Complainant.

                                              Versus

 

Uttri Haryana Bijli Vitran Niga Ltd. through its Superintending Engineerl Sector-12, Karnal.

 

                                                                      …..Opposite Party.

 

Complaint under Section 12 of the Consumer Protection Act, 1986 as amended under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary…..Member

 

 Argued by: Sh. Sudhakar Mittal, counsel for the complainant.

                    Shri S.S. Jasbir Singh, counsel for the OP.

 

                    (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 party (hereinafter referred to as ‘OP’) on the averments that complainant is consumer of OP under account no.7449810000, Sub Division L-13, Urban Karnal. Complainant is having a single phase electric meter having sanctioned load of 4.6 KW for his domestic purpose. Complainant is paying the electricity bill regularly. It is further averred that complainant had got constructed house no.1352, Sector-13, Urban Estate, Karnal, about 25 years ago. At that time only one or two houses were there in the line of the complainant, hence OP while issuing electricity connection to the complainant had installed one electric pole in front of the gate of the complainant and from this pole, the electric connection, mentioned above was given to the complainant. With the passage of time, the construction activities carried on in the line of the complainant, several houses got constructed in the shape of multi storey buildings and OP kept on continuing and issuing electric connection to the houses from the pole and now at present electric pole situated in front of the house of the complainant is thickly over crowded with electric meters and electric wires. There are more than 25 electric meter on this single pole. It is further averred that due to heavy load of electric meter and electric wire, there is constant threat to the life and property of the complainant. Not only this, unbearable capacity, has the electric pole been tilted on one side causing alarming situation on the site. The complainant has made many complaint to the OP mentioning that this single pole is bearing the capacity of two and three poles and atleast two more electric poles are required for properly supply to the complainant as well as other resident of the locality. It is further averred that due to heavy load of electric meter and intermingle of electric wires on the pole. Occasionally there remain sparking in the summer season and due to this many times fire has been broken out on the pole. Complainant requested the OP to replace the damage pole situated in front of the house of the complainant and further to take action against the guilty persons causing hindrance in the erection of the electric poles but OP did not pay any heed to the request of complainant and lingered the matter on one pretext or the other. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability: cause of action; jurisdiction and concealment of true and material facts. On merits, it is pleaded that electric pole has been installed outside of the house of complainant no any damage/loss have been caused to the complainant.  It is further pleaded that the electric pole was installed outside the house of the complainant and OP has acted as per the instructions of the Nigam. It is further pleaded that the official of the OP visited the sites of sector-13 and passed the estimate no.SD-254/2019-2020 to install the extra poles to set right the lines and avoid any damages in the future. The official of the OP also tried to install the new pole to set right the lines, but neighbours of the complainant gathered at site and stopped the installation of the new pole at site to set right the lines, which is well within the knowledge of the complainant. To keeping in view situation at site the officials of the OP immediately moved from disputed site and installed the poles on other site, for set right the lines in Sector-13, Karnal and used the material drawn against abovesaid estimate. No any complaint was received from alleged site regarding sparking or other cause from any consumers, which meters are also installed on the abovesaid poles. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations mentioned in the complaint have been denied by the OP and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, electricity bill dated 31.05.2019 Ex.C1, application dated 28.01.2020 to S.E. UHBVN regarding installation of new pole Ex.C2, photo of electric pole installed outside the gate of complainant Ex.C3 and Ex.C4, copy of Aadhar card of complainant Ex.C5 and closed the evidence on 29.07.2021 by suffering separate statement.

5.             On the other hand, learned counsel for OP has tendered into evidence affidavit of Ram Singh J.E. Ex.OP1/A, copy of estimate Ex.OP1, cost of estimate Ex.OP2, copy of design Ex.OP3, detail of material Ex.OP4, copy of site plan Ex.OP5 and closed the evidence on 18.04.2022 by suffering separate statement.

6.             We have heard the learned counsels for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for the complainant, while reiterating the contents of the complaint, has vehemently argued that one electric pole had installed by OP in front of the gate of the complainant and on this pole more than 25 electric meters have been erected by the OP. He further argued that due to heavy load of electric meters and intermingles of electric wires on the pole, occasionally there remains sparking in the summer season and due to this many times fire has been broken out on the pole. Complainant requested the OP to replace the damage pole situated in front of the house of the complainant and further to take action against the guilty persons causing hindrance in the erection of the electric poles but OP did not pay any heed to the request of complainant and lingered the matter on one pretext or the other. Hence, prayed for allowing the complaint.

8.             Learned counsel for the OP, while reiterating the contents of the written version, has vehemently argued that electric pole was installed outside the house of the complainant, since when the electric connection released to the complainant and other houses surrounding the complainant. He further argued that official of the OP visited the sites to install the extra poles, but neighbours of the complainant gathered at site and stopped the installation of the new pole at site. Hence, prayed for dismissal of the complaint.

9.             It is evident from the photographs Ex.C3 and Ex.C4, the electric pole erected in front of the house of the complainant and said pole is having 25 electric meters.

10.           It is admitted by the complainant in his complaint that the electric pole was erected at 25 years ago in front of the house of complainant. With the passage of time, the construction activities carried on in the line of the complainant and now 25 meters and electric wire  are fixed on the pole. Complainant complained to the OP in this regard and moved an application Ex.C2 dated 28.01.2020 with regard to install the new pole. On the request of complainant, the official of the OP visited the site to install the new poles to set right the lines but neighbours of the complainant gathered and stopped the installation. This fact is not denied by the complainant. The OP had acted as per instructions of the Nigam. Complainant has not arraying the party whose electricity meters were installed on the said pole. The pole in question is installed outside the house of the complainant since 25 years ago. Complainant has miserably failed to prove on record that due to said pole, there is constant threat to the life and property of the complainant. OP was ready to install the extra pole for shifting the some electricity meter, but neighbours of the complainant did not allow for installing the extra pole. Hence, in view of the above discussion, we are of the considered view that at this stage, there is no deficiency in service on the part of the OP.

11.           Thus, as a sequel to abovesaid discussion, we do not find any merits in the complaint and same deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 06.06.2022

                                                                President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

 

 

             (Vineet Kaushik)     (Dr. Rekha Chaudhary) 

                   Member                  Member