Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 31.07.2017

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite parties:-

1. To direct the opposite parties to pay Rs. 15,00,000/- to compensate the loss occurred on the date of occurrence i.e. 29.04.2013 with 18% interest.
2. To direct the opposite parties to pay Rs. 2,000/- per day as monetary loss f profits on day to day basis which has been assessed roughly.
3. To direct the opposite parties to pay Rs. 4,00,000/- ( Rs. Four Lacks only ) for mental agony and harassment.
4. To direct the opposite parties to pay Rs. 35,000/- ( Rs. Thirty Five Thousand only ) as Litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

That complainant has asserted that he had shop in the name and style of “Chhappan Bhog” at shop no. 12 & 13, trishul market, east Boring Canal Road, Patna for his livelihood under a partnership firm namely “Lavi Foods & Beverage Services.” The wife of the complainant Mrs. Sipam Kumari is another partner of the firm. The complainant had taken 3 phase NDS II electricity connection of 15 KWA load having consumer code no. 010201508786 from opposite parties. The complainant has also stated that he had installed furniture and fixtures which includes artificial ceiling carpet flooring etc. and other electric appliances including air conditioning unit worth of Rs. 15,00,000/-. The aforesaid shop was registered with the government authorities having TIN/ VAT no. 10156716055. The aforesaid shop was running satisfactorily but electric meter stopped working.

It is further case of the complainant that the meter reader visited his shop on 15.04.2013 and found that meter was not working properly. He suggested the complainant to lodge his complaint with opposite parties regarding defective meter. Thereafter the complainant lodged his complaint immediately on 15.04.2013. After lodging the complaint, the complainant repeatedly requested the opposite parties to take appropriate step but no step was taken on behalf of opposite parties due to which on 29.04.2013 the defective meter blasted and fire broke out in the shop of complainant. Fire brigade was called and the fire was extinguished but the fire has caused serious loss to the complainant which was assessed by the complainant and found that the loss was about Rs. 15,00,000/- including cash.

After due assessment the complainant has asserted that had opposite parties changed the meter the aforesaid occurrence would not have taken place.

The complainant has further stated that he obtained electric connection in October 2012 and was paying handsome amount as energy charges as per consumption bill raised by opposite parties.

The grievance of the complainant is that as the loss has been caused due to callous attitude of opposite parties hence they are liable to compensate the loss of shop of complainant.

The further grievance of the complainant is that the complainant suffered loss of goods etc. due to fire but still suffering loss of business on day to day basis which is assessed to Rs. 2,000/- per day.

It is most unfortunate that despite allowing several opportunities when no written statement was filed on behalf of opposite parties then the opposite parties were debarred from filing written statement and this case was heard ex – parte.

It is needless to say that as there is no written statement on behalf of opposite parties hence we are bound to rely on the fact asserted by the complainant on oath.

So far changing of meter is concerned the opposite parties are directed to replace the meter of the complainant within the period of 15 days from the date of receipt of this order if the same has not been replaced earlier.

So far compensation is concerned the department is not bound to give compensation of Rs. 15,00,000/- to the complainant without neutral assessment of the loss.

We further direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of litigation costs and mental harassment for not changing meter in time within the period of one months from the date of receipt of this order or certified copy of this order.

So far awarding the loss of Rs. 15,00,000/- by department is concerned the complainant may pursue this matter in competent court of jurisdiction or authority in accordance with law.

Hence this complaint stands disposed off with aforementioned direction.

                               Member                                                                              President