This C.C. coming before us for hearing in the presence of Katinedi Srinivasa Rao, Advocate for complainant and of Sri G. Harender Reddy, Advocate for opposite parties No.1 to 3; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O R D E R

(Per Smt.V.Vijaya Rekha, Member)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

2.       The brief facts as mentioned in the complaint are that the complainant has been doing milk business for eking his livelihood by maintaining she buffaloes.  On 21-04-2013, the two she buffaloes of the complainant died due to electrocution while grazing grass in the agriculture fields of complainant and his father.  The father of complainant having an electric service connection bearing No.816521–59 to the agricultural well, situated in his field.  The electric live wire, passes through the agricultural land of complainant to the said well, due to fall of said electric live wire, the 2 she buffaloes died on the spot, on the same day it was informed to the electricity authorities and the police.  The Assistant Veterinary surgeon, Singareni Mandal addressed a letter to the M.R.O. regarding the incident by mentioning the value of each buffalo, died in the said incident.  The complainant alleged that the cause of death of 2 she buffaloes was only due to the improper maintenance of live wire by the opposite parties.  Further the complainant also submitted that usually, he gets 10 liters of milk per day (including  morning and evening) from each buffalo, and he gets milk about 15 months from each buffalo, accordingly, he lost Rs.6,000/- per day for about 15, months in total, he sustained loss of Rs.2,70,000/- apart from value of 2 she buffaloes @ Rs.1,60,000/-.  Therefore, issued legal notice on 01-08-2014 and as there was no response filed the present complaint and prayed to direct the opposite parties to pay Rs.3,00,000/- towards loss of future income and damages.

3.       The complainant filed affidavit along with documents, marked as exhibits A1 to A9.

4.       On being noticed, the opposite parties filed counter by admitting that the L.T. line conductor of SS-04 100 KVA DTR of Chimapaladu Village was snapped and fallen down on the ground due to heavy gale and wind on 20-04-2013.  Further they also submitted that the two she buffaloes of complainant were died on the spot, while grazing the grass.  After receiving of information from a villager, the Assistant Engineer, Operation, Karepalli along with Foreman went to the spot and conducted panchanama and sent detailed report along with necessary documents to the higher authorities for sanctioning of ex-gratia.  The department sanctioned Rs.3,000/- for each buffalo as it comes under non-departmental fatal accident.  Further they also submitted that the death of buffaloes caused due to the sheer negligence of complainant, who allowed the buffaloes for grazing of grass without any attendant in the fields of neighbor.  Therefore, there is no negligence and deficiency of service on the part of opposite parties as the incident was occurred only due to the act of god and prayed to dismiss the complaint with exemplary costs.  

5.       In support of his averments, the complainant filed written arguments by reiterating the same averments as mentioned in the complaint.  In support of his claim referred the judgment of D.C.F. Prakasham District in Duggempudi China Kasaiah Vs. APSPDCL, Donakonda & Ors.  in CC.No.156 of 2008 and also referred the decision of SCDRC, West Bengal in Station Manager, Panskura Electric group, WBSEDCL, Medinipur Vs. Smt. Nirmala Maity (FA. 621 of 2010).

6.       In view of above submissions, now the point that arose for consideration is,

          Whether the complainant is entitled to the relief

                    as prayed for?

Point:-                  

          There is no dispute regarding the death of two she buffaloes of the complainant due to electrocution while grazing grass and also not in dispute with regard to the fall of L.T. Line, causes the incident.  The dispute is regarding the liability of opposite parties in payment of compensation for causing death of 2 she buffaloes, due to fall of L.T. Line.  It is the case of the complainant that on 21-04-2013 the 2 she buffaloes, owned by him died due to electrocution while grazing grass on his field, due to which, he lost Rs.2,70,000/-, he would have obtained through milk production by cattle raring in case of non-occurrence of said incident.  After giving immediate information to the authorities, concerned he made many rounds to the opposite parties by praying to pay compensation.  However, the opposite parties failed to compensate the loss even after receipt of legal notice, evidenced under exhibit A1 to A3 and as there was no response prayed for redressal.  On the other hand the opposite parties denied their liability in payment of compensation as it was non-departmental fatal accident.  After considering the same and having perused the material on record, we are of the opinion that it is the duty of the opposite parties to maintain electric lines properly through periodical checkups, especially, in the event of any adverse climatic conditions, the department has to check the live wires immediately to the incident to avoid danger to the lives of human or cattle.  According to exhibit A2 “the 3 buffaloes died due to electric shock due to fall of electric live wire due to strong wind and rain on the evening of 20-04-2013 at Chimalapadu village of Singareni Mandal, it clearly seems that the L.T. Line was fallen on the ground in the evening of 20-04-2013 but the department was failed to respond to take proper steps for maintaining live wires properly to avoid the unfortunate events till the morning of next day, caused death of two she buffaloes, belonging to the complainant.  It clearly shows the sheer negligence on the part of opposite parties.  Therefore, the opposite parties are liable to pay compensation to the complainant.  The cost of buffaloes as estimated by the veterinary surgeon was approximately Rs.30,000/- each.  In this regard we relied upon the judgment of Hon’ble National Commission in Sh. Jogender Vs. U.H.B.V.N.L., Rohtak & Ors.  (RP No.3391 of 2012), decided on 22-05-2013, wherein, the Hon’ble National Commission held that the opposite parties are liable to pay compensation together with interest @9% per annum.  We also cited the reliance of SCDRC, West Bengal in the Station Manager, WBSEDCL, Medinipur Vs. Smt. Sabita Mondal (F.A.No.455/2012). 

In the light of aforesaid judgment and by considering the facts of the present case we feel that it is a fit case to compensate the complainant by awarding Rs.60,000/- towards compensation on account of death of two she buffaloes, therefore, the point is answered accordingly in favour of the complainant. 

7.       In the result, the complaint is allowed in part directing the opposite parties to pay Rs.60,000/- to the complainant towards compensation together with interest @9% per annum from the date of filing of the complaint i.e. dt.24-09-2014 till its realization.  Further directed to pay Rs.1,000/- towards costs. 

           Typed to my dictation, corrected by me and pronounced by us, in this Forum on this the 10^th day of February, 2016.                                                      

                     FAC President              Member

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                     For Opposite party:-   

       -None-                                                                           -None-

DOCUMENTS MARKED:-

For Complainant:-                                                     For Opposite party:-   

FAC President               Member

District Consumer Forum, Khammam.