BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                                      Complaint No.:448 of 2013.

                                                                      Date of Institution: 9.10.2013

                                                                      Date of Decision: 9.4.2015.

Bhal Singh son of Shri Mula Ram, resident of village Devrala, tehsil Tosham, district Bhiwani.                                                              

….Complainant.

                                        Versus.

1. The Managing Director, Dakshin Haryana Bijli Vitran Nigam Ltd. having its Head Office at Vidhut Nagar, Hisar.
2. The Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Ltd.,  Tosham, district Bhiwani.
3. The Sub Divisional Officer, “OP” Sub Division, Dakshin Haryana Bijli Vitran Nigam Ltd., Jui, district Bhiwani.

…...Respondents.

                    COMPLAINT UNDER SECTIONS 12 AND 13 OF

                    THE CONSUMER PROTECTION ACT, 1986.

Sitting: -      Shri B.D.Yadav, President,

                    Shri Balraj Singh, Member,

                    Smt. Anita Sheoran, Member,

Present:       Shri Sunil Sharma, Advocate, for the complainant.  

Shri R.S.Sharma, Advocate for respondents.

O R D E R

                    Brief facts of the present complaint are that on 29.3.2013 he took his Buffalo for drinking water and all of a sudden the Buffalo touched the live electric wire and died at the spot. The complainant further alleged that he got recorded a DDR No.8 dated 29.3.2013 in the Police Choky, Kairu, district Bhiwani. The complainant further alleged that the post mortem examination of the dead buffalo was got conducted from the Veterinary Surgeon, Govt. Hospital, Kairu. The complainant further alleged that the respondents have not been maintaining the electric system properly and not providing safe electricity to the consumers resulting in death of the buffalo. The complainant further alleged that he requested the respondents for compensation but they declined their request. The complainant further alleged that he had also got served a legal notice through his counsel but of no effect. It is further alleged that Buffalo of the complainant died due to sole negligency of the respondents and as such, they are liable to pay the compensation. Hence, the present complaint. 

2.                Respondents on appearance filed written statement alleging therein that the Buffalo of the complainant died due to any other reason  and no fatal accident had taken place as alleged by the complainant. It is submitted that the respondents have not received any complaint at their complaint centre regarding current in the wire. Therefore, in view of the facts and circumstances mentioned above there is no deficiency in service on the part of respondents and as such the complainant is not entitled for any compensation.  Hence, the complaint is not maintainable and prayed for dismissal of complaint.

4.                 Both the parties filed their duly sworn affidavits along with documents to prove their respective versions.

5.                 We have heard learned counsel for both the parties at length.

6.                 Ld. Counsel for the complainant argued that the respondents have not been maintaining the electric system properly and not providing safety to the consumers due to which the Buffalo of the complainant expired. Hence, it amounts to deficiency in service on their part and as such, the complainant is entitled to compensation.

7.                 After hearing the learned counsel for both the parties and having gone through the material available on records, we are of the considered view that the complaint of the complainant deserves acceptance, as there is negligency and deficiency in service on the part of the respondents.  There is ample evidence on record Annexure C4 copy of Post Mortem Report that the electric wire touched the Buffalo of complainant and died at the spot. In addition to this, the complainant has also placed on record various photo graphs Annexure C7 to C8 and Photo stat copy of Legal Notice Annexure C6 which proves that the Buffalo of the complainant died due to electric current.    It is also proved by the affidavit of the complainant that the electric system was not properly maintained by respondents and no safety measures were adopted.  Hence, not maintaining electric wire properly amounts to negligency and deficiency in service by the respondents. So far as the question of amount of compensation is concerned the Veterinary Surgeon in his report has assessed the value of three Buffalo to the tune of Rs.65,000/-. Hence, complaint of the complainant is allowed with costs to this extent and respondents are directed:

1.       To pay Rs.65,000/- being cost of the Buffalo along with interest @ 12% from the date of filing of this complaint till its final realization.

2.       To pay Rs. 2200/- as litigation charges.                

          The compliance of the order shall be made within 45 days from the date of receipt of the certified copy of the order.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 9.4.2015.

                                                                                President,   

                                                                      District Consumer Disputes

                                                                      Redressal Forum, Bhiwani.

(Anita Sheoran),                (Balraj Singh),

Member.                               Member.