ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 08.07.2022 Date of Reserve : 30.08.2024 Date of Decision : 24.09.2024 Naval Thapar aged about 50 years son of Sh.Shakti Parkash Thapar, Resident of Villa No.88, Eldeco Estate One, G.T. Road, NH-1, Near Malhotra Resorts, VPO Hussainpura, Ludhiana. Mobile No.9696960766 ….Appellant/Complainant Versus

1. Punjab State Power Corporation Limited, The Mall, Patiala through its M.D./Chairman.

2. Punjab State Power Corporation Limited, City West Division Special, Fountain Chowk, Ludhiana, through its XEN/SDO.

3. Eldeco Infrastructure & Properties Pvt. Ltd. Ludhiana Office at 4&7, 5^th Floor, Carnival Shopping Centre, Mall Road, Ludhiana (Pb.) India through its Administration Head/

Authorized Person Eldeco Infrastructure & Properties Ltd.

4. Eldeco Infrastructure & Properties Ltd., 201-212, 2^nd Floor, Splendor Forum Jasola District Centre, New Delhi-110025 through its Managing Director/ Administrator/Authroized representative.

5. The Chief Town Planner, 18-A, Sector -18, Punjab, Chandigarh-160017.

…..Respondents/Opposite parties First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 06.05.2022 of the District Consumer Disputes Redressal Commission, Ludhiana.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : None For respondents No.1&2 : Sh.Sukant Gupta, Advocate For respondents No.3&4 : Sh.Shubham Gupta, Advocate For respondent No.5 : Sh.Kulwinder Singh, Asst.

Engineer.

HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/complainant- Naval Thapar against the order dated 06.05.2022 passed by District Consumer Disputes Redressal Commission, Ludhiana (in short ‘District Commission’), whereby the complaint filed by the complainant under the Consumer Protection Act (in short ‘the Act’) was dismissed.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Summarily the facts of the case are that the complainant is a bona-fide purchaser of villa No.88, situated at (73.125 acre scheme), of Eldeco Estate One, residential colony situated at G.T. Road, NH-1, VPO Hussainpura, Tehsil and District Ludhiana. The complainant paid the full and final sale consideration to opposite parties No.3 & 4. The opposite parties No.1 & 2 in connivance with opposite parties No.3 & 4 PRE install 300 KAV electricity transformer tower adjoining side area of the house illegally and unlawfully without any consent from the approval authority or amendment in site plan and due to that the family of the complainant faced lot of medical illness and on the illness he spent lot of money. The complainant filed several complaints to the opposite parties but no action was taken by the concerned authorities. The people living within 300 meter of base station suffered from tiredness, headaches sleep disruption and people living within 100 meters suffered irritability, depressions, loss of money and dizziness. It is further averred that opposite parties No.3 & 4 did not obtain any ‘No Objection Certificate’ from the complainant or site approving authorities, This act and conduct of the opposite parties amount to deficiency in service and unfair trade practice and compelled the complainant to file the complaint seeking following reliefs:

i) to erected/installed the transformer of 300 KAV at some faraway places i.e. away from residential house;

ii) to pay Rs.5,00,000/- compensation on account of mental tension and agony as well as medical expenses;

and iii) to pay the litigation expenses, which the Commission may deem fit.

3. During the proceedings, the complaint filed against opposite party No.5 was dismissed as withdrawn, vide order dated 11.04.2021, whereas opposite party No.6 was proceeded against ex-parte as he did not appear despite service.

4. Opposite parties No.1 & 2