Haryana

StateCommission

A/787/2015

MAHENDER SINGH - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

A.K.GAHLAWAT

28 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                     First Appeal No  :  596 & 787 of 2015

Date of Institution: 15.07.2015 & 16.09.2015

                                     Date of Decision:   28.10.2015

 

Appeal No.596 of 2015

 

1.      The AGM-cum-SDO, Sub Divn., DHBVNL, Jhoju Kalan, District Bhiwani.

2.      The Managing Director, DHBVNL, Vidhyut Nagar, Hisar.

3.      The General Manager (SE), “OP”, Circle, DHBVNL, Bhiwani.

4.      The Executive Engineer, Sub Urban Division, DHBVNL, Charkhi Dadri, District Bhiwani.

                                      Appellants-Opposite Parties

Versus

 

Mahender Singh s/o Sh. Chand Ram, r/o Village Palri, Tehsil Charkhi Dadri, District Bhiwani.

Respondent-Complainant

 

 

Present:              Mr. B.D. Bhatia, Advocate for appellants.

                             Mr. Anil Kumar Gahlawat, Advocate for respondent.

 

Appeal No.787 of 2015

 

 

Mahender Singh s/o Sh. Chand Ram, r/o Village Palri, Tehsil Charkhi Dadri, District Bhiwani.

 

 

                                      Appellant-Complainant

Versus

 

1.      The AGM-cum-SDO, Sub Divn., DHBVNL, Jhoju Kalan, District Bhiwani.

2.      The Managing Director, DHBVNL, Vidhyut Nagar, Hisar.

3.      The General Manager (SE), “OP”, Circle, DHBVNL, Bhiwani.

4.      Executive Engineer, Sub Urban Division, DHBVNL, Charkhi Dadri, District Bhiwani.

Respondents-Opposite Parties

 

Present:              Mr. Anil Kumar Gahlwat, Advocate for appellant.

                             Ms. Alka Joshi, Advocate for respondents.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

This order shall dispose of afore-mentioned appeals because they have arisen out of common order dated May 04^th, 2015 passed by District Consumer Disputes Redressal Forum, Bhiwani (for short ‘District Forum’) in complaint No.278 of 2014 filed by the complainant.

2.      First appeal bearing No.596 of 2015 has been filed by the Dakshin Bijli Vitran Nigam Limited (for short ‘DHBVNL’) -Opposite Parties for setting aside the impugned order and the appeal No.787 of 2015 has been filed by complainant for enhancement of compensation awarded by the District Forum.

3.      Sharda Devi (since deceased)-wife of Mahender Singh-complainant came in contact of 11000 KVA electric line and got electrocuted to death on account of negligence of DHBVNL. DHBVNL did not pay any compensation to the complainant, hence, he filed complaint under Section 12 of the Consumer Protection Act, 1986.

4.      The District Forum awarded Rs.8,00,000/- alongwith interest at the rate of 12% per annum from the date of filing the complaint, that is, September 10^th, 2015 till its realization and Rs.2200/- litigation expenses.

5.      The complainant has placed on the file postmortem examination  report (Exhibit C-7) issued by Medical Officer, General Hospital, Mahendergarh, wherein, it is clearly mentioned the cause of death due to electrocution. No contrary evidence was led by the DHBVNL to disprove this fact.

6.      From the evidence led by the complainant, it is proved that Sharda Devi died due to electrocution while came in contact of 11000 KVA electric line due to the negligence on the part of the DHBVNL.  At the time of death, the deceased was 50 years of age.  Her income was assessed at Rs.9000/- to Rs.10,000/- per month by applying the guess work because no evidence was led to prove the said income. Be that as it may, District Forum rightly awarded compensation of Rs.8,00,000/- to the complainant.  This Commission is also of the view that the complainant has been adequately compensated and no case for interference in the impugned order is made out.

7.      For the reasons recorded supra, both the appeals are dismissed. 

8.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal No.596 of 2015 be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

9.      The original order is attached with appeal No.596 of 2015 and certified copy be attached with appeal No.787 of 2015.

 

 

Announced 28.10.2015

(B.M. Bedi) Judicial Member

(Nawab Singh) President

U.K