Haryana

Charkhi Dadri

CC/9/2022

Rajkaran - Complainant(s)

Versus

DHBVN - Opp.Party(s)

Rakesh Sangwan

25 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

                                                                   Complaint No.       09 of 2022

                                                          Date of Institution. 24.01.2022

                                                                    Date of Decision:- 25.01.2024         

 

Rajkaran  S/o Dayanand R/o Village Dohki, Tehsil & Distt. Charkhi Dadri

 

                                                                              …Complainant.

                             Versus

1. M.D. DHBVN, Head Office Vidyut Nagar, Hisar, Tehsil & Distt. Hisar.
2.  Executive Engineer operation Division, DHBVN, Dadri. Near Railway Station, Charkhi Dadri.
3. SDO, Operation Division, DHBVN, Dadri, Near Railway Station, Charkhi Dadri, Tehsil & Distt. Charkhi Dadri.

                                                                             …Opposite parties (OPs).

                                                          Complaint under the Consumer

                                                          Protection Act.

Before: -   Hon’ble Sh. Manjit Singh Naryal, President

                Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:       Sh. Rakesh Dohki, Advocate for complainant.

                   Sh. Anand Godara, Advocate for OPs.

ORDER:-

1.                The present complaint has been filed by the complainant with the averments that on 01.12.2021 in the morning, complainant went to his home after milking the buffaloes and when he returned after 15-20 minutes, he found that the wire of  220KV line above the plot had broken and was lying under the buffalo. The buffalo of complainant have died due to electrocution and hence, the complainant reported the matter to the police station Sadar, Dadri and a report No.56 dated 01.12.2021 was lodged. The age of the buffalo was about 5 years and the same was of Murrah race (Nasal) which produces 18 litre milk per day.  The complainant got conducted the postmortem of the dead buffalo on the same day from Veterinary Surgeon of Govt. Vety. Hospital, Chhapar, District Charkhi Dadri. It is averred that the buffalo of complainant have died due to the negligence of the respondent department. But it is averred that despite making several requests and personal visits, the respondent department failed to compensate the complainant. It is averred that there is deficiency in service on the part of the respondent and as such, he has to file the present complaint. The complainant has prayed for compensation for Rs. 2,00,000/- with interest 18%   apart from litigation cost and any other cost which this Commission may deem fit

2.                On notice, opposite parties appeared and have filed contested written statement stated that alleged death of buffalo was not due to electrocution, because no intimation was given to the OPs about the alleged accident.  It is alleged that the complainant’s buffalo did not die due to negligence of the electricity department.  Hence, there is no deficiency in service on the part of Ops and prayed for dismissal of complaint with costs.

3.                Ld. Counsel for the complainant placed on record duly sworn affidavit of complainant as Ex.CW1/A and documents Ex. C1 to Ex.C9 in evidence to prove his case and closed the evidence on 14.02.2023 in corroboration his statement that buffalo had died due to electrocution.

                   The complainant has submitted post mortem report dt.01.12.2021 from Veterinary Surgeon, Govt. Vety. Hospital, Chhapar, Charkhi Dadri wherein it has been mentioned that the buffalo died of respiratory failure due to electric shock (electrocution)

4.                Ld. Counsel for the OPs made a statement on 07.08.2023 that written statement filed be read in their evidence that buffalo had not died due to electrocution. 

5.                We have heard ld. counsel for both the parties at length and have gone through the case file carefully.

6.                After having heard the arguments adduced by the learned counsel for the parties at length, going through the facts of the case file and perusing the documents placed on file by the parties very carefully and minutely, it has been observed that the death of buffalo had occurred due to electrocution.  Ex. C-2 is the postmortem report of the deceased buffalo, having age 5 years approx. conducted on 01.12.2021 whereby it has been opined that the buffalo had died due to electrocution. Similarly, Rapat No. 56 dated 01.12.2021 Ex. C1 also proves the case of complainant to the effect that the buffalo of complainant had died due to electrocution. Ex. C3 to Ex. C5 are the photographs of dead buffalo which also depict that the buffalo died due to electrocution. At this stage, the reliance is placed upon 2010 (3) CPJ, page 198 (NC) whereby the Hon’ble National Consumer Disputes Redressal Commission, New Delhi has observed that it is the duty of the electricity department to ensure safety and security of persons, animals and other objects against any risk or electrocution. Accordingly, it is proved that the death of the buffalo of complainant occurred due to the negligence and deficiency in service of the OPs.

7.                In view of aforesaid facts and circumstances, once it is proved that the buffalo of complainant had died due to electrocution and there is negligence and deficiency in service on the part of the OPs, the complainant becomes entitled for suitable compensation. As per Ex. C-2 postmortem report, the buffalo at the time of death were of the age of 5 years approx. The Veterinary Surgeon, Chhapar, Charkhi Dadri has not mentioned value at the time of death of buffalo in post mortem report. To know the same, vide order dt.13.10.2023, this Commission  directed the complainant to approach to the Veterinary Surgeon of the Animal Husbandry Department to ascertain the cost of the died buffalo at the time of incident who obtained the same and filed with this Commission on 03.11.2023. The Veterinary Surgeon, Government Veterinary Hospital, Makrana, Charkhi Dadri vide certificate dated 20.10.2023 has mentioned  that on the basis of stage of parenting  and stage of lactation, tentative cost prior to death was Rs.80,000/-.

8.                 In view of the above discussion and based on documents produced and placed on record by both the parties, this complaint is allowed and we pass an award against the opposite parties to pay Rs.70,000/- (Seventy Thousand only) along-with interest @ 9% per annum from the date of accident till realization as compensation  for death of the buffalo.

9.                The OPs are also directed to pay Rs.5000/- (Rupees Five Thousand Only) as litigation expenses to the complainant.

10.              The above order be complied within 45 days from the date of this order, failing which further interest @12% p.a. will be paid by the OPs for the delayed period.

11.              Certified copies of order be supplied to the parties free of costs. File be consigned after due compliance.

Announced.

Dated: - 25.01.2024