BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

CONSUMER COMPLAINT NO.90 of 2014

DATE OF INSTITUTION: - 28.03.2014

DATE OF ORDER: 27.12.2016

Gina Devi widow of Sh. Dharampal, resident of village Devrala, Tehsil Tosham, District Bhiwani.

    ……………Complainant.

VERSUS

1. The A.G.M./S.D.O., Dakshin Haryana Bijli Vitran Nigam, Sub Division, Jui, District Bhiwani.

1. The Executive Engineer/Dy. General Manager, Sub Urban Division, Dakshin Haryana Bijli, Vitran Nigam, Bhiwani.

1. The Managing Director, Dakshin Haryana Bijli Vitran Nigam, Vidyut Nagar, Hisar.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT.

BEFORE :-   Shri Rajesh Jindal, President.

          Ms. Anamika Gupta, Member.

Present:-  Shri Sanjay Dadma, Advocate for complainant.

     Shri N.M. Sharma, Advocate for the respondents.

ORDER:-

Rajesh Jindal, President:

                   Brief facts of the present complaint are that on 10.08.2012 at about 11.00 a.m. the husband of the complainant deceased Dharampal was working labour work on the roof of the house of Sh. Kashmir Singh  and the wires of electric line of the Ops were very near from the roof of the house of Sh. Kashmir Singh.  It is alleged that the deceased Dharampal was touched with the electric wires and injured due to electric shock.  It is alleged that after the incident deceased was taken to Govt. Hospital, Bhiwani where he declared dead and the police was informed in this regard & DDR No. 16 dated 10.08.2012 was recorded in the police station Tosham.  It is alleged that the deceased Dharampal was died due to sole negligence of the Ops.  Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint.

2.                 On notice, opposite parties appeared and filed written statement alleging therein that the complainant has not come to the Forum with clean hands.  It is submitted that the complainant never informed to the Ops till today regarding the alleged accident nor he submitted any documents.  It is submitted that deceased Dharampal was died due to his own negligence while working as a labourer of Kashmir Singh.  It is submitted that the DDR and PMR was prepared by the police and doctor in collusion with the complainant.  Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of Ops and as such, complaint of the complainant is hereby dismissed with costs.

3.                In order to make out her case, the counsel for complainant has tendered into evidence documents Annexure C-1 to Annexure C-14 alongwith supporting affidavit.

4.                 We have gone through the record of the case carefully and have heard the learned counsels for the parties.

5.

                   Learned counsel for the complainant reiterated the contents of the complaint.  He submitted that the husband of the complainant was injured due to the electric shock and was taken to the hospital wherein he was declared dead.  The DDR No. 16 dated 10.08.2012 was recorded with the concerned police station, which is Annexure C-1 and Post Mortem Report is Annexure C-2.  In support of his contention he relied upon the following judgment:-

I         Raman Versus State of Haryana and others 2013 (3) RCR Criminal 653 of Hon’ble Punjab and Haryana High Court, Chandigarh.

6.                Learned counsel for the Ops reiterated the contents of the reply.  He submitted that there is no negligence of the Ops.  As per the allegations of the complainant the husband of the complainant was worked as a labourer in the house of Kasmir Singh son of Umed Singh who has been impleaded in this case being necessary party.  He further submitted that no claim has been ever lodged by the complainant.  Hence, the department could not be consider the claim of the complainant.

7.                Considering the facts of the case, we direct the complainant to lodge her claim with the Ops with the all relevant documents and the Ops are directed to take decision on the claim of the complainant within 90 days from the date of submission of the documents by the complainant.  Complaint disposed of.  Certified copies of the order be sent to both the parties, free of costs and file be consigned to the record room.

Announced in open Forum.

Dated:27.12.2016.           

                                                                          (Rajesh Jindal)

                                                                             President,   

                                                                   District Consumer Disputes

                                                                   Redressal Forum, Bhiwani.

(Anamika Gupta)                      

                        Member.