BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                                      Complaint No.: 258 of 2014.

                                                                      Date of Institution: 2.9.2014

                                                                      Date of Decision: 21.4.2015.

Mahender Singh son of Shri Mai Sukh, resident of village Budhsali, tehsil Siwani Mandi, 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.,  Sub Urban Division, district Bhiwani.
3. The Assistant General Manager-cum-Sub Divisional Officer, Sub Division, Siwani, Dakshin Haryana Bijli Vitran Nigam Ltd., Siwani Mandi, 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  Ravinder Sheoran, Advocate, for the complainant.  

Shri  Rajesh Punia, Advocate for respondents.

O R D E R

                    Brief facts of the present complaint are that on 17.7.2014 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.17 dated 17.7.2014 in the Police Post Jhupa Kalan, district Bhiwani. The complainant further alleged that the post mortem examination of the dead buffalo was got conducted from the Veterinary Surgeon. 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. 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 as per report of Sombir, LM that he along with Mehar Singh, JE inspected the spot and found that the Buffalo died just 2/3 feet away from the pole and stay wire and at that time no wire was touching the Buffalo. It is also submitted that two stay wires were installed in that transformer and the same were fitted with egg insulator out of which one LT stay wire was tied with common pole and as such electrocution cannot pass through the egg insulator. 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.

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

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

5.                 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.

6.                 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 i.e.  Annexure C2 copy of Post Mortem Report vide which cause of death was declared due to electric current. In addition to this, the complainant has also placed on record Annexure C4 photo stat copy of DDR No.17 dated 17.7.2014 which proves that the Buffalo of the complainant died due to electric current.    The version of complainant is also supported by an 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. On the other hand the respondent has submitted that the Buffalo died due to some other reason but no evidence has been led in this regard. No evidence has been produced by the complainant regarding the value of the Buffalo. However, according to the features of the Buffalo it would be proper to assess the value of Buffalo as Rs.50,000/-.  Hence, complaint of the complainant is allowed with costs to this extent and respondents are directed:

1.       To pay Rs.50,000/- as compensation 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: 21.4.2015.

                                                                                President,   

                                                                      District Consumer Disputes

                                                                      Redressal Forum, Bhiwani.

(Anita Sheoran),                (Balraj Singh),

Member.                               Member