BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 04 of 2019
Date of Institution : 02.01.2019
Date of Decision : 28.08.2019
1. Shanti Devi- widow, aged 50 years of late Shri Bhoop Singh son of Shri Gobind Ram, 2. Raj Kumar, aged 28 years, 3. Sandeep Kumar, aged 27 years, sons of late Shri Bhoop Singh son of Shri Gobind Ram, 4. Manju Rani, aged 33 years, 5. Santosh, aged 31 years, daughters of late Shri Bhoop Singh son of Shri Gobind Ram, all residents of Gaushala Mohalla, Sirsa, Tehsil and District Sirsa.
……Complainants.
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, City Sub Division, Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA……………… PRESIDENT
SHRI ISSAM SINGH SAGWAL ……MEMBER.
SMT. SUKHDEEP KAUR ………. MEMBER
Present: Sh. JBL Garg, Advocate for the complainant.
Sh. Rishi Sharma, Advocate for the opposite parties.
ORDER
In brief, the facts of the present complaint are that complainants are the legal heirs of deceased Shri Bhoop Singh, who was the consumer of Nigam in respect of domestic electric connection No.5863280000. That an electric line of 11 KV was passing near to the first floor portion of their premises. The complainant Sandeep Kumar and his father Bhoop Singh and other inhabitants of the locality had moved applications to the Superintending Engineer and other higher officers of the Nigam, but when no action was taken on the same, then they moved applications on C.M. Window, but to no effect. It is further averred that on 26.2.2018 at about 5.30 p.m., Bhoop Singh was cleansing his house at the first floor portion of his house and all of a sudden he suffered electric current from nearby passing 11 KV line, due to which he caught fire and died at the spot. The post mortem on the dead body of Bhoop Singh was conducted at General Hospital, Sirsa on 27.2.2018. The incidence was also reported to the police and the police of P.S. City Sirsa registered a case FIR No.176 dated 27.2.2018 under Section 304-A IPC in this regard. It is further averred that above incidence has taken place purely on account of sheer negligence on the part of the officers/ officials of the Nigam as they did not respond despite repeated requests for shifting of above said line and this gross negligence has taken away the life of Bhoop Singh. It is also alleged that Bhoop Singh at the time of his death was aged about 52 years and he was running a milk diary and complainants were fully dependant upon the deceased and his income. Now after his death, the family of complainants is reeling under acute stress and disappointment and there is chaos everywhere in their family. The complainants have been deprived of the love, affection, protection and care of deceased Bhoop Singh and have also been deprived from his income. So, the complainants are entitled to seek adequate compensation for the same which is quantified at Rs.19.50 lacs. The complainants approached the ops on many occasions and requested them to make payment of the above said amount of compensation to them and to admit their claim but the ops did not pay any heed to the same. Ultimately, the complainants got served a legal notice upon the ops on 3.10.2018 but of no use. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement taking certain preliminary objections that complaint is not maintainable in the present form as the complainants do not fall within the definition of ‘consumer’ as prescribed under Section 2(d) of the Consumer Protection Act; that complainants have got no locus standi and cause of action to file the present complaint; that complainants are estopped from filing the present complaint by their acts and conduct and that complainants have concealed and suppressed the true and material facts from this Forum and have not come with clean hands, as such they are not entitled to any relief whatsoever. On merits, it is submitted that 11 KV electric line of Gaushala Road Feeder was laid about 40-50 years back on the vacant land. At that time, there were no residential or commercial buildings near the said line. As per Rules 79 and 80 of the Indian Electricity Rules, 1956, Section 53 and 68(5) read with Section 161 of Indian Electricity Act, 2003 clearly stipulate that the following minimum horizontal and vertical clearance essentially required to be maintained from the Electricity mains/ installation of any building/ structure where an extra high voltage/ high voltage or medium/ low tension line passes above or adjacent to any building or part of building to avoid any mishap/ fatal accident. The creation of any permanent/ temporary structure beneath the wires/ lines of the Licensee/ Nigam/ Supplier without permission is a violation of the Indian Electricity Act, 2003 and Indian Electricity Rules, 1956. It is further submitted that no person can violate the requirements of clearances under the lines and on the sides of the lines as stipulated in Rules 79 & 80 of the Rules, 1956. Shri Bhoop Singh (since deceased) of his own without approval of the site plan got raised the construction of residential house in an illegal and unauthorized method nearby the said 11 KV line. It is further submitted that Bhoop Singh wrote a letter on 11.8.2017 to the ops for removal of the aforesaid 11 KV line upon which the official of the Nigam visited the site and prepared the estimated cost of the said work of removal of 11 KV line and estimate of Rs.91,311/- was prepared vide estimate no.03-6/2017-18 and intimated the complainant Sandeep and required to deposit Rs.91,311/- vide letter no.6245 dated 19.4.2017, but the said amount was not deposited by the complainant despite several requests. It is further submitted that all the houses got raised in the street where the house of complainants is located have been constructed in an illegal and unauthorized manner, as they have not got approved the site plan of their houses from the competent authority. These residents of the street have also got raised their houses near/ adjoining to the said 11 KV line in an illegal and unlawful manner and also against the provisions of the Indian Electricity Act as well as Rules framed there under. It is further submitted that on receipt of the information of said incidence by Sub Divisional Officer, City S/Division, Sirsa from Shri Devi Ram JE intimating that Bhoop Singh met with fatal accident during cleaning of floor of Chajja in his house by steel made wiper and touched with the 11 KV line of Gaushala road feeder, the officer tried to rush to the site but could not be able due to protest of local public at site. Upon perusal of the record of Sub Division, it was gathered that the proximity of HT line and Chajja got reduced due to recent illegal construction of Chajja by the deceased at his newly constructed house. It is further submitted that Sh. Hitesh Khurana, Chairman Nigrani Committee of CM Window Grievances Sirsa also tried to convince the complainant telephonically for depositing the estimated cost, but he remained failed to deposit the estimated cost and same was reported on the ATR of CM Window by the Committee that the Chajja created is recent, however, the existing HT line is very old. After disposal of CM window complaint, the office of Sub Divisional Officer City S/Divn., DHBVN, Sirsa wrote a letter to the EO, Municipal Committee, Sirsa vide his office memo No.7117 dated 7.7.2017 for removal of the illegally constructed portion as per law. So, it was found that nigam is not at fault and no officer/ official is responsible for the accident. Remaining contents of the complaint are also denied and prayer for dismissal of complaint made.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties.
5. Learned counsel for complainant has contended that complainants are the legal heirs of deceased Bhoop Singh who was a consumer of the Nigam in respect of his domestic electric connection number 5863280000. An electric line of 11 KV was passing near to the first floor portion of the house of deceased. The deceased Bhoop Singh alongwith his son Sandeep and other residents of locality moved an application to the Superintending Engineer and other higher officers of the Nigam for shifting the 11 KV line but they did not give any hearing to their application despite the application received from CM Window. On 26.2.2018 at about 5.30 p.m., Bhoop Singh since deceased was cleaning the first floor of his house and all of sudden he received electric current/ shock from nearby passing 11 KV line, due to which he caught fire and ultimately died at the spot. Post mortem examination on his dead body was conducted on 27.2.2018 and matter was reported to the Police Station City Sirsa and an FIR No. 176 dated 27.2.2018 under Section 304-A IPC was registered against the officials of the Nigam. Thereafter, Nigam/ ops removed/ shifted 11 KV line from the place of incidence to some other place. Before the incident, the ops were making illegal demand of Rs.91,311/- as shifting charges and now they have shifted the same without receiving any charges after death of deceased Bhoop Singh. The deceased Bhoop Singh died at the age of 52 years through the average age of their family is 80/85 years. All the complainants who are the legal heirs of deceased Bhoop Singh have been deprived of from love, affection, protection and care of deceased and are entitled to the compensation to the tune of Rs.19,50,000/-. The negligence/ deficiency of service stands duly proved against the ops and complainants are entitled for compensation prayed for. Learned counsel for complainants has relied upon judgments in case titled as Kailash vs. SDO/ AGM, DHBVNL and others, 2018 (3) CLT 493 (Hon’ble State Commission, Panchkula), Station Manager Patashpur Group Electric Supply and others vs. Dhananjay Bhunia, 2018 (2) CLT 44 (Hon’ble NC), Parmila Devi & Ors. vs. DHBVN, 2009(1) CLT 341 (Hon’ble Chandigarh State Commission) and CGM P&O NPDCL & Ors. vs. Koppu Duddarajam & anr. 2009(1) CLT 114( Hon’ble NC). Learned counsel for complainants has also tendered copy of office record of the ops by which different officers recommended the compensation to the tune of Rs.5,42,240/-.
6. On the other hand, learned counsel for ops has strongly contended that deceased Bhoop Singh was only the consumer qua domestic electricity connection installed in his house and he is not otherwise consumer of the ops qua service line of 11 KV. The complaint filed by legal heirs of deceased is not maintainable at all and is liable to be dismissed. It has also been contended that on the application dated 24.3.2017, an estimate was prepared by which the deceased and other residents of the locality were called upon to deposit Rs.91,311/- as shifting charges in order to get 11 KV life shifted from the place of the incident. It has further been contended that due to non deposit of this amount, line could not be shifted as there is no provisions in the Electricity Act as well as Rules and provisions of Manual under which line could be shifted without depositing of the shifting charges. It has also been contended that as per contents of the FIR, there was sheer negligence on the part of deceased Bhoop Singh, who was cleaning first floor of his house knowing well the short distance of the line from his first floor, as a result of which he received shock/ current from 11 KV line which was passing near to the first floor of the house of Bhoop Singh. By raising construction on the first floor of his house, deceased Bhoop Singh has himself already got reduced the distance of his property from 11 KV line which itself was an illegal act on the part of deceased and no other person can be held guilty for his wrong since the raising of construction by deceased Bhoop Singh illegally without getting site plan sanctioned from the Municipal authorities and also from the ops reduced the distance even less than five meters which was required to be maintained by deceased Bhoop Singh. The complainants have failed to prove any allegation against the ops and further they have also failed to prove any deficiency of service and negligence on the part of ops. A false FIR has been lodged by son of complainant with political pressure against the ops. The complaint of complainant is liable to be dismissed and the judgments relied upon by learned counsel for complainant are also not applicable to the facts and circumstances of the present case.
7. We have considered the rival contentions of learned counsel for parties and have gone through the evidence led by parties and the judgments relied upon by learned counsel for complainant.
8. The perusal of the record reveals that it is an admitted fact between the parties that deceased Bhoop Singh was residing in his house alongwith his family and got constructed first floor of his house. He was holding a domestic electric connection bearing Number 58632800000 and was consumer of the ops qua his domestic connection. It is also admitted fact that a high tension 11 KV line was passing from over the roof of the house of complainants after raising of the construction in the first floor of deceased Bhoop Singh, distance between the building and 11 KV high tension wire was reduced and it was a threat to human lives.
9. The complainants in order to prove their complaint have furnished affidavit of Smt. Shanti Devi complainant as Ex.CW1/A in which she has deposed and reiterated all the averments made in the complaint. The complainants have tendered copy of application moved on CM Window Ex.C1, copy of post mortem report Ex.C2, copy of FIR Ex.C3, copy of legal notice Ex.C4, postal receipts Ex.C5 to Ex.C7, copy of adhar card Ex.C8 and copies of receipts and bills Ex.C9 to Ex.C12, copies of news items Ex.C13, Ex.C14, photographs Ex.C15 to Ex.C23, death certificate Ex.C24, copy of application Ex.C25 and copy of application dated 11.8.2017 Ex.C26. On the other hand, ops have furnished affidavit of Sh. Surender Kumar, SDO Ex.RW1/A in which he has deposed and reiterated all the averments made in the written statement and tendered copies of application, copy of estimate and copy of sales circular and reply etc. Ex.R1 to Ex.R13.
10. It is undisputed fact between the parties that on 24.3.2017, an application was moved by complainants alongwith other residents of the locality which was endorsed by Sh. Rohtash M.C of Ward No.21, Sirsa with a request to the ops to shift this high tension 11 KV line from the existing place to some other place as it is a thickly populated area. An application was also moved on CM window which was allegedly marked to the concerned department. After this application, an estimate was prepared by the officials of the ops and a sum of Rs.91,311/- was claimed on account of shifting charges which was not allegedly deposited by deceased Bhoop Singh and rather they protested that it is not their personal issue and they are not at any legal obligation to deposit this amount on account of shifting charges since this 11 KV line had been laid down by the ops in order to provide supply to different categories of the consumers as a public utility service being a service provider, though the ops had been calling upon the residents of the locality including deceased Bhoop Singh to deposit the amount and due to non deposit of the amount, line could not be shifted.
11. It is proved fact on record that on 26.2.2018 at about 5.30 p.m, deceased Bhoop Singh was cleaning first floor of his house and all of sudden he received electric shock/ current and was burnt and died at the spot. There is no dispute regarding his post mortem report Ex.C2 by which doctor has reported that the cause of death in this case in his opinion is due to electrical burns and its complications which are ante-mortem in nature and sufficient to cause death in normal course of nature and life. Further, it is undisputed that an FIR under Section 304-A IPC was lodged with the police station Sirsa on 27.2.2018 on the written complaint of Sandeep Kumar son of Bhoop Singh since deceased against the officials of the ops. During the course of arguments, it has been contended by learned counsel for complainant that after incident of death of Bhoop Singh, line was immediately got shifted by ops without getting any deposit of shifting charges at their own level being a public utility service provider.
12. The bone of contention between the parties is qua grant of compensation on account of death of deceased Bhoop Singh and loss of love and affection by the legal heirs of deceased, who are present complainants. As per contention of learned counsel for complainants facts and circumstances prove that despite repeated requests of deceased Bhoop Singh and other residents of the locality, 11 KV line was not shifted but after the incidence of death of deceased Bhoop Singh, the line was shifted and it itself proves that they have got shifted this line being a public utility service provider in order to protect the public safety which its proves the sheer negligence of not shifting the line which was passing on the thickly populated residential colony which was a continue threat to the human lives who were residing there or passing thereby and they are liable to pay compensation for their negligence and not acting timely in accordance with law. On the other hand, though the ops have taken specific plea that it was his own negligence that deceased has raised construction of his first floor of his house illegally by violating the relevant laws and provisions of Electricity Act and Rules framed there under by putting the same in the air and he was negligent in reducing the distance of first floor of his house from 11 KV line and due to his own negligence, he received electric shock/ current and his death was caused. There is no negligence of any kind on the part of officials of the ops. Since the deceased did not deposit the shifting charges which were claimed by ops despite different calls, line could not be shifted.
13. It is an admitted fact on record that we are living in a democratic country where it is the legal obligation of the democracy to provide necessary facilities like electricity and water which are necessary for the survival of the human life. As in the present case, high tension 11 KV line was passing on the residential locality since long as claimed by ops in their written statement, but however, the ops were well aware of the fact that a thickly populated residential colony has been developed in this area and it is the immediate necessity of the residents of this area to get this high tension wire shifted which was passing over the residential colony and a continuing threat to their lives was hanging on their heads. They were making applications and representations to the concerned authorities for shifting of this line in order to save their lives and the lives of their families, but however, the ops in order to avoid shifting of line were claiming shifting charges from the individual persons who made application for shifting of this line. Officials of the ops were well aware of the fact that this line had been laid down by ops in order to supply electricity to different categories of consumers being a public utility service provider and they had been charging from the consumers to whom supply was being made through this high tension wire. It is further legal obligation of the ops to maintain the piece, harmony and public safety while laying down the high tension wires or continuing the same since these were passing on the residential colony, so it was bare need of the residents of the colony to get it shifted, but however, the ops did not shift line due to one or the other pretext by putting the residents of the locality under the threat/ fear to human lives and as a result of which one of the residents namely deceased Bhoop Singh received electric shock/ current and resultantly he was burnt and died at the spot. So, this plea of the ops appears to be out rightly devoid of any merit.
14. Though, learned counsel for ops has strongly contended that deceased Bhoop Singh was not a consumer of 11 KV high tension wire, as a result of which the complaint filed by legal heirs of deceased is not maintainable, but however, this plea of learned counsel for ops also appears to be devoid of merit. Since no connection can be provided to a resident from this high tension 11 KV line, but however, ops have categorically admitted in their written statement that deceased Bhoop Singh was a consumer qua the electric connection number 5863280000, so it cannot be presumed that deceased Bhoop Singh was required to be consumer of 11 KV line and moreover, we find force from the judgment relied upon by learned counsel for complainants in case titled as Kailash vs. SDO/AGM, DHBVNL (supra) wherein it has been held that “Consumer Protection Act, 1986, Section 2(1) (d)- Electricity- Electrocution- Tubewell connection in the name of deceased father of complainant- Complainant paying bills after the death of his father. Complainant sustained serious burn injuries due to electrocution when he was shifting sprinkle set and the aluminum pipe of the sprinkle set touched with a 10000 volt electricity line as the electricity wires were very loose- Whether complainant is consumer under the Act? Held- Yes- The complainant in this case is covered under the definition of “Consumer”- Appeal accepted.” Similarly, the other authorities relied upon by learned counsel for complainant are also fully applicable to the facts and circumstances of the present case. So, it appears from the evidence on record that ops were negligent in not shifting 11 KV line timely prior to the death of deceased Bhoop Singh and it proves deficiency in service on the part of ops. Moreover, as per office letter, the officers of ops after going through the relevant provisions of law and rules and manual have recommended the compensation to the tune of Rs.5,42,240/- to the complainants, but however, same has not been paid till date. So, in this way, the ops have already assessed their liability at their own to the tune of Rs.5,42,240/- and we are of the opinion that besides above said amount of Rs.5,42,240/-, the complainants being legal heirs of deceased are also entitled to a sum of Rs.50,000/- on account of loss of love and affection due to untimely death of Bhoop Singh, since deceased,
15. In view our above discussion, we allow this complaint and direct the opposite parties to pay a sum of Rs.5,42,240/- as compensation to the complainants on account of death of deceased Bhoop Singh and further directed to pay Rs.50,000/- on account of loss of love and affection. We further direct the ops to pay a sum of Rs.15,000/- as composite compensation for harassment and litigation expenses to the complainants. The ops are liable to pay the above said amounts to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which the ops shall be liable to pay interest @7% per annum on the principal amounts of Rs.5,42,240/- and Rs.50,000/- from the date of order till actual payment. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President, Dated:28.8.2019. Member Member
District Consumer Disputes
Redressal Forum, Sirsa.
