Complaint is filed on 29-6-2009
Compliant disposed on 19-7-2010
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::AT:: KARIMNAGAR
PRESENT: HON’BLE SRI K. DEVI PRASAD, B.Sc., LL.B., PRESIDENT
SMT. E. LAXMI, M.A.,LL.M.,PGDCA (CONSUMER AWARENESS), MEMBER
SRI. K. CHANDRA MOHAN RAO, B.Com., LL.B., MEMBER
MONDAY, THE NINETEENTH DAY OF JULY, TWO THOUSAND TEN
CONSUMER COMPLAINT NO. 100 OF 2009
Between:
Gaddam Sai Reddy, S/o. Late Ganga Reddy, Age 25 years, Occ: Agrl., R/o. H.No.5-118/3, Vellulla village of Metpally of Karimnagar district.
… Complainant
AND
- The Superintending Engineer, Electricity (O), Northern Power Distribution Company Ltd., Andhra Pradesh, Near Court Buildings, Karimnagar proper.
- The Asst. Divisional Engineer, Electricity (O), Northern Power Distribution Company Ltd., Andhra Pradesh, Metpally proper and mandal – 505 325, Karimnagar proper.
…Opposite Parties
This complaint is coming up before us for final hearing on 18-6-2010, in the presence of Sri G. Sai Kumar, Advocate for complainant and Sri B. Venkateshwar and H.Chakradhar and M.D. Dasthagirikhan, Advocates for opposite parties, and on perusing the material papers on record, and having stood over for consideration this day, the Forum passed the following:
:: ORDER::
1. This complaint is filed under Section 12 of C.P. Act 1986 praying this Forum to direct the opposite parties to pay an amount of Rs.5,00,000/- to the complainant towards compensation for damages and mental agony.
2. The complainant is the son of deceased who was a consumer of opposite parties vide service connection no.VLL 1217. On 28.6.2007 the deceased along with one Giri Gopal went to his fields for installation of new service wire to his agricultural well situated at Vellulla village of Metpally Mandal where another live current wire was already laying down in the fields and the deceased tried to remove the same, accidentally deceased received current shock and died on the spot, in agricultural fields. The accident occurred due to the sheer and flagrant negligence of the electricity department personnel.
3. On the complaint given by the wife of the deceased the Police of P.S. Metpally registered a case in Cr.No.118/2007 under Sec 174 of Cr.P.C. On 28.6.2007 and conducted Inquest over the dead body of deceased. The Medical Officer, who conducted the Postmortem opined that the cause of death as “Electric Shock’. The deceased was aged 55 years and was hale and healthy at the time of his death. He was an agriculturist by profession and used to earn an average income of Rs.60,000/- to 80,000/- per annum on his agriculture and milk business. Due to death of deceased the complainant lost love and affection of his father and future support and guidance of his father. After several representations made by the complainant, the opposite parties have paid only Rs.20,000/- towards compensation on account of death of the deceased due to electrocution.
4. Hence, filed complaint against the opposite party no.1 & 2 to pay compensation for the loss caused to the complainant due to death of deceased.
5. The opposite party no.2 filed Counter Affidavit denying all the contents of the complaint except the death of the deceased. The opposite party no.2 submitted that the deceased died due to his own negligence. There was no live current wire in the fields as alleged in the complaint. It is a service wire of another consumer. The same existed on the wooden poles (support poles). The said service wire fell down from the wooden poles and while removing the service wire of the deceased, both service wires were connected from one pole, while falling from the wooden pole the insulation cover of the service wire attached to the G.I. support wire was tone and immediately G.I. support wire energized. Then he lifted the same wire to put it on proper place i.e. on wooden support pole and died. The said Giri Gopal is not an authentic person and he is an unskilled private electrician who is not authorized by opposite parties to install service wire.
6. Opposite party no.2 further submitted that they have not received any complaint from the villagers about the loose lines. He negligently engaged a private electrician to change his service wire and committed fault as per the Act of Torts, hence there is contributory negligence on the part of the deceased and there is no deficiency of service on the part of opposite parties. As such the present complaint is not maintainable before this Forum and opposite parties are not liable to pay any compensation. Still though they have paid Rs.20,000/- to the complainant as full and final settlement. After receipt of the said amount the complainant lodged this false complaint to extract huge amounts from the opposite parties. Hence, prayed for dismissal of the complaint.
7. Both the parties have filed their Proof Affidavits reiterating the averments made in the complaint and counter. The documents filed by the complainant are marked as Ex.A1 to A7. No documents are filed on behalf of opposite parties. Ex.A1 is the electricity bill receipt bearing service no.VLL 1217 Dt: 29.12.2008. Ex.A2 is the electricity bill for Rs.240/- Dt: 7.2.2008. Ex.A3 is the photo copy of FIR Dt: 28.6.2007. Ex.A4 is the photo copy of report of Postmortem Examination Dt; 20.8.2007.Ex.A5 is the letter from the S.I. of Police, Metpally PS submitted to Executive Magistrate & Thahsildar at Metpally. Ex.A6 is the photo copy of Death Certificate of deceased issued by Panchayat Secretary, Vellulla Dt: 7.11.2007. Ex.A7 is the reply notice from opposite party no.2 Dt: 8.5.2009.
8. The point for consideration is whether there is any deficiency of service on the part of opposite parties, if so, to what relief the complainant is entitled?
9. In the complaint in para 2 the complainant has stated that on 28.6.2007 the deceased along with one Giri Gopal went his fields for installation of new service wire to his agricultural well situated at Vellalla village of Metpally Mandal where another live current wire was already laying down in the fields and the deceased tried to remove the same. Accidentally the deceased received current shock and died on the spot.
10. After this incident the wife of the deceased filed complaint to the Police wherein she has stated that an electric service wire was laying down and the deceased with his hand tried to remove the same since it was live wire he sustained shock and died. In the Final Report filed by the Police, the S.I. of Police, Metpally under Ex.A5 stated that the facts collected during the course of investigation it is clearly established that the deceased went to field for installation of service wire. Accidentally the deceased touched the service wire along with GI wire and died due to electrocution.
11. The learned counsel for opposite party contends that the service wire should not be dealt by any private electrician but only the departmental electrician has to deal with the service wire connection. In this case the deceased along with him took Giri Gopal who is private electrician and is not departmental electrician. Therefore, the department is not responsible for any un-eventuality but at the same time the record shows that the deceased tried to get the service wire connected to his well from the pole meanwhile the neighboring service wire fell down and due to lapse of time the cover of the wire pealed up and it touched GI wire and when deceased tried to set the service wire correctly he was electrocuted. Therefore, when the private electrician is not supposed to deal with the service wire and on the happening of the incident of electrocution of deceased the opposite parties are not responsible and there is no deficiency of service on the part of the opposite parties.
12. It is a fact that after this incident though the opposite parties pleaded that they have no responsibility or obligation to pay any compensation in view of the fact that the deceased himself tried to set the service wire correctly, which in fact, should have been done by a departmental electrician. Even then the opposite parties have paid an exgratia of Rs.20,000/-. In the complaint also it is stated by the wife of the deceased that the service wire was laying and the deceased tried to set it correct and accidentally there was electric shock. Therefore, in view of the contents of Final Report of S.I. (after investigation filed Final Report) it is clear that the deceased tried to set right the live service wire of neighboring person and accidentally came into contact with it and died. Therefore, there is no deficiency of service on the part of opposite parties.
13. In the result the complaint is dismissed without costs.
Dictated to Stenographer and transcribed by her, after correction the orders pronounced by us in the open court this the 19th day of July, 2010.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
NO ORAL EVIDENCE HAS BEEN ADDUCED ON EITHER SIDE
FOR COMPLAINANT:
Ex.A1 is the electricity bill receipt bearing service no.VLL 1217 Dt: 29.12.2008.
Ex.A2 is the electricity bill for Rs.240/- Dt: 7.2.2008.
Ex.A3 is the photo copy of FIR Dt: 28.6.2007.
Ex.A4 is the photo copy of report of Postmortem Examination Dt; 20.8.2007.
Ex.A5 is the letter from the S.I. of Police, Metpally PS submitted to Executive Magistrate & Thahsildar at Metpally.
Ex.A6 is the photo copy of Death Certificate of deceased issued by Panchayat Secretary, Vellulla Dt: 7.11.2007.
Ex.A7 is the reply notice from opposite party no.2 Dt: 8.5.2009.
FOR OPPOSITE PARTIES: -NIL-
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
