BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.136/15.
Date of instt.: 02.07.2015.
Date of Decision: 04.07.2016.
Devender Singh son of Sh. Jai Singh, aged 41 years, resident of Village Kultaran, Tehsil and Distt. Kaithal.
……….Complainant.
Versus
1. UHBVN OP Sub Urban Sub Division No.2, Kaithal, through its S.D.O.
2. UHBVN Kaithal through its Executive Engineer.
3. UHBVN Shakti Bhawan, Sector-6, Panchkula through its Secretary.
..……..Opposite Parties.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Jagmal Singh, President.
Sh. Rajbir Singh, Member.
Smt. Harisha Mehta, Member.
Present : Sh. Gurdev Singh, Advocate for complainant.
Sh. Rajinder Dhull, Advocate for the opposite parties.
ORDER
(JAGMAL SINGH, PRESIDENT).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he is consumer of Ops vide electricity tubewell connection No.KD1-1757. It is alleged that he owns agriculture land through which the electricity line passes away for supplying the energy to other consumers of the villagers including the complainant. It is further alleged that the complainant wants to erect/install poly house in his agri. Land and without shifting the electricity line (HT) from the field of complainant, the erection/installation of the policy house is not possible. It is further alleged that the complainant visited the office of Ops several times for shifting the electricity line (HT) from his agri. land to another site/place but in vain. This way, the Ops are deficient in service. Hence, this complaint is filed.
2. Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; that the complainant has concealed the true and material facts from this Forum. The true facts are that as per sales circular No.33/2014 regarding shifting of HT/LT lines, the following instructions were issued:-
(i)(a) Shifting of HT/LT line passing over the residential building/plotted area, ponds, schools etc. shall be carried out by the Nigam if these falls within Lal Doras and Phirnies.
(b) Shifting of HT/LT lines falling beyond Lal Dora and Phirnies is to be carried out at the cost of beneficiaries except HT/LT lines passing over Govt. Schools and parks maintained by any public/Govt. Deptt./Gram Panchayat and ponds (duly certified by the Revenue Authorities) for which special estimate shall be framed and the same shall be carried out by the Nigam.
In this way, for got shifting HT/LT line, the beneficiary have to apply with the UHBVN and after that special estimate shall be framed by the Nigam and after got depositing special estimate costs and completing all the requisite formalities in accordance with above-said sales circular No.33/2014, the HT/LT Line will be shifted but in the present case, the complainant has neither applied with the Ops for shifting the HT line nor completed requisite formalities in accordance with the above-said sales circular, so, the complainant is not entitled to any relief. There is no deficiency in service on the part of answering Ops. On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.
3. In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and document Mark-CA and closed evidence on 17.03.2016. On the other hand, the Ops tendered in evidence affidavit Ex.R1 and documents Ex.R2 & Ex.R3 and closed evidence on 17.03.2016.
4. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.
5. Ld. Counsel for the complainant argued that the complainant owns agricultural land in his native village Kultaran, Tehsil and Distt. Kaithal. He further argued that electricity line passes away for supplying the energy to other consumers including the complainant through the agricultural land of the complainant. He further argued that the complainant wants to install a poly house in his agricultural land and without shifting of the electricity line (HT) from the land of complainant, the same is not possible. He further argued that the complainant had made a written request to the Op No.1 on 02.04.2013. Ld. Counsel for the complainant placed the photo-stat copy of the application dt. 02.04.2013 on the file at the time of arguments. He further argued that the complainant visited the office of Ops many times for shifting of electricity line (HT) from his agricultural land but the same has not been shifted till now. He further argued that the Ops have issued a circular bearing No.U-27/2008 which was applicable on the date of application of complainant and the complainant is ready to get shifted the electricity line (HT) in accordance to the said circular. He further argued that the Ops are adamant not to shift the said electricity line in accordance with the above-said circular. On the other hand, ld. Counsel for the Ops argued that the sales circular No.U-27/2008 is not applicable to the case of complainant. He further argued that at present, the sales circular No.33/2014 is in existence with regard to the shifting of HT/LT lines. He further argued that according to this circular, the person who wants for shifting HT/LT line, has to apply to the UHBVN and after that a special estimate will be framed by the Nigam and after got depositing the special estimate costs and completing of requisite formalities, the HT/LT line will be shifted in accordance with the sales circular No.33/2014. He further argued that the complainant has neither applied with the Ops for shifting the HT line nor completed the requisite formalities in accordance with the above-said sales circular, so, the complainant is not entitled to any relief.
6. From the facts, pleadings and evidence of the case, we found that there is a dispute between the parties with regard to the fact that whether the complainant has applied for shifting of electricity line (HT) from his agricultural land or not? According to the complainant, he applied for shifting of HT/LT line on 02.04.2013 and according to the Ops, the complainant has neither applied with the Ops for shifting of HT line. Ld. Counsel for the complainant has placed a photo-stat copy of the application on the file at the time of arguments. From this application, it is clear that the complainant has applied to the Op No.1 for shifting of AP feeder line from his agricultural land as he wants to install a poly house. This application was marked by the Ops to the J.E. on 02.04.2013. This means that the request of complainant was received by the Ops on 02.04.2013. Therefore, on 02.04.2013, when the complainant has applied for shifting of HT/LT line, the sales circular No.33/2014 was not in existence. So, the sales circular No. 33/2014 is not applicable to the case of complainant and the sales circular No.U-27/2008 is applicable. Hence, the contention of Ops that the electricity line in question can be shifted only as per sales circular No.33/2014 has no force. Therefore, the Ops are deficient in providing services to the complainant.
7. Thus, in view of above discussion, we allow the complaint and direct the Ops to shift the electricity line (HT) from the agricultural land of the complainant to another place as per sales circular No.U-27/2008. No order as to costs. Let the order be complied with within 30 days after completion of all the formalities by the complainant. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.04.07.2016.
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member. Member.
