BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 318 of 2019
Date of Institution : 14.06.2019
Date of Decision : 14.10.2022.
Bhoop, aged 46 years, son of Shri Kanshi Ram, resident of village Kanwarpura, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Dakshini Haryana Bijli Vitran Nigam, through its Managing Director at Hisar.
2. Executive Engineer, Dakshini Haryana Bijli Vitran Nigam, City Division, Sirsa.
3. Sub Divisional Officer, Dakshini Haryana Bijli Vitran Nigam, Ding Sub Division, District Sirsa.
..…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI PADAM SINGH THAKUR…………….. PRESIDENT
SMT. SUKHDEEP KAUR……………………. MEMBER
SHRI OM PARKASH TUTEJA…………….….MEMBER
Present: Sh. JBL Garg, Advocate for Sh. Abhishek Jain, Advocate for the
complainant.
Sh. Rishi Sharma, Advocate for the opposite parties.
ORDER
The present complaint has been filed by complainant against the opposite parties for the claim of compensation for the death of his buffalo due to electrocution.
2. In brief, the case of complainant is that complainant is the consumer of the opposite parties in respect of domestic electric connection No. SG34/0577-Y installed at his residential house. That complainant was having a buffalo aged about five years of murrah breed which was being well maintained and nourished by complainant. That on 22.8.2018, complainant was taking the said buffalo for watering towards village pond and in the meantime, the buffalo of complainant came in contact with an electric pole installed in front of house of complainant from which electricity to the unit of complainant was being supplied and as there was live current passing through the said electric pole, buffalo was electrocuted and died at the spot. It is further averred that at the earlier occasions also, the complainant and few other villagers had made complaints to the concerned Lineman, JE of the Nigam about passing of live current through this pole, but none cared for the same. So, this incidence took place due to gross negligence on the part of opposite parties. In this manner, the complainant has suffered serious loss due to entire negligence on the part of ops. The complainant thereafter got conducted the post mortem on the dead body of deceased buffalo from Veterinary Surgeon, Ding Mandi vide PMR No.6726. The Veterinary Surgeon in post mortem report has opined the cause of death due to shock of electrocution. It is further averred that value of said animal was Rs.90,000/-. The complainant also reported the matter to the police of Ding and a rapat dated 23.8.2018 was recorded by the police regarding this incidence. That loss of Rs.90,000/- has been caused to the complainant and the ops are liable to indemnify the loss alongwith interest to the complainant. The complainant also reported the matter of death of his buffalo due to electrocution to the ops and requested them to pay the amount of loss to the complainant, but they did not pay any heed to the same and have caused unnecessary harassment. Hence, this complaint.
3. On notice, opposite parties appeared and filed written statement raising certain preliminary objections regarding not maintainability, no locus standi, no cause of action, estoppal, suppression of true and material facts, no consumer dispute, no jurisdiction etc. On merits, it is submitted that on 22.8.2018, Sub Divisional Officer, DHBVN, Ding received a telephonic message that in village Kanwarpura, one buffalo has died. The SDO immediately informed Mr. Ashok Kumar AFM about this incidence and directed him to visit the spot and to report about the position at the spot. After about one hour, Mr. Ashok Kumar AFM reported to the SDO, Ding that at the spot, one buffalo was lying dead at a distance of about 5-6 feet from the LT pole and there was no current in the pole. On the next day, SDO, Ding alongwith Ashok Kumar AFM and other line staff visited the spot and found that stay wire was affixed with the electric pole and said stay wire was also affixed with Disk Insulator. Near to the stay wire of LT line pole, there was a heap of soil and there was no sign of passing of the buffalo from that area and where the buffalo was lying, the colour of the soil was different. Ashok Kumar AFM further told the SDO Ding that there were marks that the buffalo was dragged from the house and he wanted to take photograph of the same, but the consumer did not allow him to take the photographs. On the spot, the pole was having insulated cable and there was disk insulator affixed on the stay wire of pole, therefore, there was no chance of electric current passing through the pole or the stay wire of pole. Therefore, the buffalo of the complainant not died at the place of pole mentioned by complainant. This fact has already been observed by the Executive Engineer. It is further submitted that complainant has manipulated the things and has filed this false and baseless complaint. Remaining contents of the complaint are also denied and prayer for dismissal of complaint made.
4. Complainant has tendered his affidavit Ex.CW1/A and copies of documents i.e. certificate of Veterinary Surgeon Ex.C1, bill Ex. C2, post mortem report Ex.C3, daily diary report Ex.C4, certificate of Sarpanch (though not visible) Ex.C5, applications of complainant as Ex.C6 to Ex.C10.
5. On the other hand, ops tendered affidavit of Sh. Reepan Deep Singh, SDO Ex. RW1/A and copies of documents i.e. investigation report Ex.R1, letter of XEN Ex.R2, application of complainant dated 29.08.2018 Ex.R3, application/ statement of Sh. Ashok Kumar, AFM Ex.R4, narrative report of SDO Ex.R5, rough sketch Ex.R6, statement of official Ex.R7, report of Executive Eingeer (OP) City Division, DHBVN, Sirsa Ex.R8.
6. In additional evidence, ops have tendered affidavit of Sh. Ashok Kumar, AFM as Ex. RW2/A and CD Ex. RW2/B.
7. We have heard learned counsel for the parties and have gone through the case file carefully.
8. The complainant in order to prove his complaint has furnished his affidavit Ex. CW1/A in which he has reiterated all the averments of his complaint. He has also placed on file certificate of Veterinary Surgeon Ex.C1 vide which he has assessed value of the buffalo to the sum of Rs.65,000/- and has also certified that buffalo died due to electrocution. The complainant has also placed on file copy of post mortem report Ex.C3 in which the doctor opined that buffalo died due to shock of electrocution. Ex.C4 is the rapat rojnamcha recorded in the Police Station Ding on the statement of complainant about the death of his buffalo due to electrocution. The complainant has also placed on file copies of his application/ complaint moved to various authorities regarding death of his buffalo due to electrocution and for compensation.
9. In order to rebut the evidence of complainant, the ops have tendered affidavit of Sh. Reepan Deep Singh, Sub Divisional Officer as Ex. RW1/A in which while reiterating the version of written statement of ops he has also deposed that there was no negligence of ops and has denied each and every allegations of complainant. Ex.R1 is investigation report of electrical accident conducted by Executive Engineer, Electrical Inspectorate Haryana, Hisar in which it is stated that during investigation on 7.12.2018, it was observed at the site itself that LT cable lines were extended in the village street for domestic supply and one LT PCC pole was mounted at the corner of house owner. The said PCC pole was provided with a stay wire alongwith a disc insulator and two/ three PVC were also extended for the supply of individual houses with proper insulated joints and even no other symptoms/ leakage of current could be observed at the time of investigation. He has also stated that no cause of electrocution could be established. Ex.R4 is the statement of Ashok Kumar AFM, Ex.R5 is narrative report of SDO, DHBVN, Ding and Ex.R6 is rough sketch prepared at the time of narrative report. Ex.R8 is the report prepared by Executive Engineer (OP) City Division, DHBVN, Sirsa in which it is also stated that no leakage of current was found near the pole and it is also mentioned in the report that there was no space for the buffalo to reach at the place of pole as a heap of soil was lying around the pole and stay wire and individual houses were properly insulated and even otherwise no symptoms of current could be observed. The ops have also placed on file affidavit of Sh. Ashok Kumar, AFM who went to the spot immediately after telephonic information received to the office of SDO, Sub Division Ding and he has deposed in his affidavit that there was heap of soil near LT pole and stay wire and there were no foot marks of the buffalo at the spot and deponent further noticed that there were drag marks from the house of Bhoop Singh up to the spot where the buffalo was lying. Ops have also placed on file CD Ex. RW2/B.
10. From the evidence placed on record by parties, it is admitted that complainant is consumer of electricity department for supply of electricity to his house. The case of complainant that his buffalo was electrocuted from the pole, but as per spot inspection report conducted by SDO, DHBVN, Ding and investigation report of Executive Engineer, Electrical Inspectorate Haryana, Hisar Ex.R1 there was no leakage of current in the pole and stay wire and even Sh. Ashok Kumar AFM who visited the spot found that there was no leakage of current from the pole and stay wire and in the affidavit of SDO Ex.RW1/A it is clearly mentioned that there was no chance of electric current passing through the pole or the stay wire of pole, therefore, buffalo of complainant had not died at the place of pole mentioned by complainant. It is not established on record that there was any deficiency in service on the part of ops and there was leakage of current at the place where buffalo was lying and therefore, complaint is without any merit.
11. In view of above discussion, as we do not find any merit in the present complaint, same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced: Member Member President,
Dated: 14.10.2022. District Consumer Disputes
Redressal Commission, Sirsa.
