1. Briefly, the claimant being resident of near river Chenab Chiniot District Jhang, filed application No. 1319/AI on 18.07.07, to the Fesco for electricity connection to his premises, which was allowed after requisite survey. After deposit of the amount of the demand notices, the Fesco installed electricity meter at the claimant's premises vide consumer reference No. 03-3344-0161101-064106 but there after electric supply was illegally disconnected without any notice and intimation to the claimant. Felt aggrieved, the claimant approached the Fesco Authorities but they refused to restore the electricity connection. As the defendant's services are allegedly faulty and defective due to illegal disconnection of electric supply causing the financial loss, physical and mental torture, harassm ent to the claimant therefore, he has lodged this claim for restoration of electric supply and recovery of damages of compensation of Rs. 5,70,000/- from the defendants.
2. The defendants have vehemently apposed the above said claim by filing their statements of defence.
3. As the matter needed evidence prior to its final adjudication therefore, the claimant Muhammad Yousaf got recorded his statement as PW-1 and he produced Muhammad Arif and Muhammad Aslam as PW-2 and PW-3 respectively.
4. In rebuttal, Malik Zeeshan Haider Assistant Manager Operation Fesco appeared as DW-1 whereas, Muhammad Yaqoob Deputy Manager Operation Fesco Chiniot got recorded his statement as DW-2.
5. A local commission was also issued during the evidence of the parties and Waseem Talib Chattha Advocate as Local Commissioner appeared as CW-1 who tendered his report EXCW1/A along with site plans EX-CW1/B, EX-CW1/B-2, EXCW1/C-1-2.
6. Heard the arguments. Record perused.
7. From the evidence on record, it transpires that the claimant is not the owner of the premises where he wishes to get electricity connection and that he did not submit "No Objection Certificate" of the Pakistan Railway Authorities for crossing the electric cables over the Railway Lines. The claimant has further disclosed in cross examination that the electricity connection supplied to the four Darbars across the Railway Line have their own transformers and that they do not supply electricity to any other consumer through such connection. Muhammad Arif PW-2 has admitted in cross examination that the claimant's residence is on a place which is the ownership of Railway Department and that the claimant has illicitly occupied it. He has admitted in further cross examination that the electricity connection provided to the four Darbars across the Railway line exists since 1985. He has further disclosed it correct to suggest that the Railway Authorities do not supply the electricity connection without issuance of NOC by them. Muhammad Aslam PW-3 has stated when subjected to cross examination that the electricity connections of the Darbars across the Railway Line were supplied in 1992-1993. Waseem Talib Chatha Advocate CW-1 has also deposed that the electricity connections across the Railway Line to the Darbars were supplied in the year 1983.
8. From the statements of DW's it also appears that according to the revised Railway Policy, electricity connection can not be provided to the consumers across the Railway Line. It has further been disclosed by them that the claimant has been issued notice No. 2105 dated 04.09.07, that the electricity connection may be provided to his premises if he would produce the NOC of Railway Department subject to deposit of the amount of the revised demand notice but that he has not replied to such notice vide EX-D1.
9. During arguments, I have taken judicial notice of the notification about policy regarding the electric crossing on Railway Track vide No. 5622/M/power dated 06.06.07, BU/electric/1337/OH/ZING/PT-iii dated 28.07.2008, and memo No. 2494-95 dated 16.09.2008, showing that as serious accidents took place due to electric wires over the Railway Tracks therefore, the Railway department has adopted necessary remedial measures in the interest of safe train operation by not allowing the electric crossing there.
10. From the above said scenario, it is up to my entire satisfaction that the claimant has not been held entitled to have electric energy to his premises under circumstance beyond the reach of the Fesco hierarchy under the Government Policy at least since the year 2007.
11. As such, the defendants have not been found to be guilty of defective and faulty services therefore, no question arises about the award of compensation and damages to the claimant.
However, it is made clear that as and when the claimant shall get NOC from the Railway Authorities concerned for supply of electricity wires across the Railway Line to his premises, the defendants shall provide the electricity connection there on deposit of the amount under the revised demand notice by the claimant. The claim is disposed of accordingly. File be consigned to the record room after its due completion.