GUJARAT ELECTRICITY BOARD vs SHAH BABULAL VIRCHAND

THE only question that arises in this appeal is as to whether the complainant was a consumer and that the Redressal Forum can grant an order for removal of High Tension line passing near the premises of the complainant under the provisions of Section 14 of the Consumer Protection Act. THE High Tension electricity the of 11,000 k.v. has been validly laid down in the year 1978 in accordance with the rules and under the power given to the G.E.B. THE complainant has filed the complaint that the line is passing near his house and there is always danger of some accident. He is an electricity consumer and, therefore, he is a consumer. THE District Forum has accepted his connection and passed the order directing the G.E.B. to remove the High Tension line within 15 days.

THE consumer is defined under Section 2(1)(d)(ii). Under the definition a person is a consumer if he hires the services of the opposite party. In the instant case, no doubt, the Respondent is a consumer of electricity but there is no deficiency so far as the supply is concerned. Again, Mr. Pandya, the learned Advocate of the appellant states that the complainant has not received the electrical connection from this High Tension line. He is not in that way connected with the High Tension line as a consumer though he might be affected on account of the High Tension line passing by his house. This is a separate cause of action, and separate matter to which the Consumer Forum cannot grant any relief. Again, according to Mr. Pandya under Section 14 of the Act the District Forum can pass an order only as mentioned under provisions i.e. at the most the Redressal Forum can pass an order of compensation if the complainant had suffered any damages on account of negligence of the provider of services. In the instant case neither there is any allegation of negligence nor any damage.

We are inclined to accept the argument of Mr. Pandya. If the complainant thinks that either the passing of the line is illegal or that it is injurious to him or sees a potential danger his remedy is elsewhere and not before this Commission. We are, therefore, of the opinion that the complainant is not a consumer within the meaning of Section 2(1)(d)(ii) of the Act and the relief which has been granted can not be granted under Section 14 of the Act. However the G.E.B. shall consider as to whether such a High Tension line is potentially injurious to the residents of the surrounding places which might some day cause accident. We have no doubt that the Board will consider our suggestion. ORDER The appeal is allowed. The order of the District Forum is set aside. In the circumstances there will be no order as to costs. Appeal allowed.