Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 355.
Instituted on : 23.07.2019.
Decided on : 09.11.2021.
Raju son of Sh. Mahabir, resident of village Kahnaur, Tehsil Kalanaur, District Rohtak.
...........Complainant.
Vs.
- UHBVN Ltd. Panchkula through Its Managing Director.
- S.D.O. UHBVN Ltd. Kalanaur, District Rohtak.
- Incharge, UHBVN Kahanaur, District Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
Present: Shri Sanjeev Batra, Advocate for the complainant.
Shri Sandeep Kaushik, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant had taken land measuring 65 kanals 8 marlas forming part of khewat no.2022 min, situated at village Kahnaur, Tehsil Kalanaur, District Rohtak on lease from Gram Panchayat Kahnaur, and had sown wheat crop in the above said land by spending huge amount of cultivation and the crop was ready for harvesting. An electricity wire was installed by the opposite parties in the field of complainant but the officials of the opposite parties did not take proper care for maintaining the electricity line. On 21.04.2019 at about 1.00 p.m. due to short circuit, the crop of the complainant caught fire and same was burnt completely. The fire brigade was called to control the fire but the crop of the complainant could not be saved. Due to which, the complainant has suffered loss of Rs.4 lacs to his crop and this happened only due to negligence on the part of opposite parties. In this regard, the complainant reported the matter to the concerned police and DD no.25 was recorded. The complainant requested the opposite parties to pay compensation on account of damage to his crop but the opposite parties finally a week ago refused to pay any heed to the request of complainant. Hence the complaint and it is prayed that opposite parties may kindly be directed to pay compensation of Rs.4,00,000/- to the complainant alongwith interest thereon and also to pay an amount of Rs.50,000/- on account of harassment and Rs.25,000/- on account of litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that the respondents never erect a single wire to feed the power supply to any consumer having single phase or three phase meters. The complainant has stated that an electricity wire was installed is not feasible to supply the electricity. No authorize power supply was installed over the fields of complainant. It is further submitted that the alleged incident of fire to the wheat crop was caused by the lighting of Biri/Cigarette or due to other reasons. The wheat crop was never put on fire due to electrical short circuit or sparking in the present case. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, and documents Ex.C1 to Ex.C11 and has closed his evidence on dated 09.07.2021. On the other hand, ld. Counsel for the OPs has tendered affidavit Ex.RW1/A and has closed his evidence on dated 20.8.2021.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present complaint, complainant has took the land mentioned in para no.2 of the complaint on lease from Gram Panchayat Kalanaur. As per declaration Ex.C6, the fire took place in the fields of the complainant due to short circuit. Regarding this effect, the complainant moved an application before Tehsildar Kalanaur, Rohtak for compensation. The application is Ex.C5 and the same is countersigned by Sarpanch Gram Panchayat and the Tesildar directed the Halqua Kanungo to do the needful as per law. To prove the fact complainant has placed on record copy of Occurrence Book Ex.C7, the report issued by fire brigade department. A bare perusal of this report issued by the fire department itself shows that fire took place in the fields of complainant and approximately 8 acre crop of wheat was burnt due to the fire. The complainant has also placed on record DD report Ex.C8. To prove the ownership of Gram Panchayat upon the land, the complainant has placed on record farad jamabandi Ex.C9 for the year 2014-15. To prove the lease upon the land mentioned in Ex.C6 the complainant has placed on record a receipt amounting to Rs.245000/- as Ex.C10 alongwith other documents. On the other hand respondent appeared and took the plea that no authorize power supply was installed over the fields of complainant. The alleged incident of fire to the wheat crop may be caused by lightning of Biri/Cigarette or due to other reasons. But the respondent has failed to place on record any document to prove the fact that the respondent has not issued any electricity connection or erect any electricity wire/line regarding domestic or agriculture near or over the land mentioned in Ex.C9. Merely denial in the written statement and affidavit could not be considered that there is no any wire near or over the land mentioned in Ex.C9. Moreover the complainant has placed on record an application Ex.C1 moved by one Vidyadhar s/o Sh. Sher Singh dated 20.02.2019 mentioning therein that number of his meter is 267 and the jumpher and electricity wire of his connection were very loose and he was unable to cultivate the land and there is a danger during the cultivation of fields. On the other hand, opposite party failed to prove the fact that any action was taken by the opposite party to maintain the loose wires on the complaint mentioned above.
6. Hence from the documents placed on record it is proved that due to not taking proper care in maintaining the electricity line, due to short circuit the crop of the complainant caught fire and he suffered loss in 8 acres of his wheat crop. As such opposite party is liable to compensate the complainant. As per the complainant he has demanded Rs.400000/- as compensation on account of alleged loss but in our view it is suffice to pay a lump sum compensation of Rs.40000/- per acre to the complainant on account of loss of wheat crop. Hence opposite party is liable to pay Rs.320000/-(Rupees three lacs twenty thousand only) as compensation for 8 acres of wheat crop to the complainant within 45 days from the date of decision, failing which opposite party shall be liable to pay interest on the awarded amount @ 9% p.a. from the date of decision till its realization to the complainant.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
09.11.2021.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
