BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                          Complaint No.: 67 of 2017.

                                                          Date of Institution: 19.04.2017.

                                                          Date of Decision: 14.02.2019.

Rajiv @ Kala son of Shri Akhe Ram, resident of near Gaushala, Vidhya Nagar, Bhiwani, Tehsil & District Bhiwani.

                                                                   ….Complainant.

                                      Versus

1. Dakshin Haryana Bijli Vitran Nigam Ltd., having its Head Office at Vidut Nagar, Hisar through its Managing Director.
2. The Executive Engineer, Sub Division No. 1, City Bhiwani, Dakshin Haryana Bijli Vitran Nigam Ltd., Bhiwani.
3. The SDO, Sub Division No.1, City Bhiwani, Dakshin Haryana Bijli Vitran Nigam Ltd., Bhiwani.

…...Opposite Parties.

                   COMPLAINT UNDER SECTIONS 12 AND 13 OF

                   THE CONSUMER PROTECTION ACT, 1986.

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

                   Hon’ble Mr. Parmod Kumar, Member.

                   Hon’ble Ms. Renu Chaudhary, Member.

Present:       Shri Piyush Verma, Advocate for the complainant.

                   Shri B. S. Sheoran, Advocate for the OPs.

ORDER:-

PER MANJIT SINGH NARYAL, PRESIDENT

                   The case of the complainant in brief, is that the complainant had a buffalo aged about 5 years, breed Murrah and used to sell the milk to earn his livelihood as such whole family of the complainant was fully depends upon the income from selling milk of the said buffalo.  It is alleged that on 7.2.2017 at about 9/10.00 AM, the complainant was going to the fields for grazing his buffalo and other cattle’s.  It is further alleged that an electric pole of 11000 Volts line was situated near Gaushala, Bhiwani and spot wire was also present with the pole, which was having live current in the same.  It is further alleged that while crossing the pole, buffalo touched with spot wire and due to electrocution died on the spot.  It is further alleged that the complainant reported the matter to the police station Sadar, Bhiwani and a rapat No.15 dated 7.2.2017 was lodged.  It is further alleged that the Post Mortem of the said buffalo was conducted by the Veterinary Surgeon, G. V. H., Bhiwani on the same day and the cause of the death of buffalo in the PMR was shown as electrocution.  It is further alleged that the doctor has assessed the cost of the buffalo as Rs.75,000/-.  It is further alleged that the buffalo of the complainant has been died due to negligent act of the officials of the OPs.  It is further alleged that the complainant had submitted all the documents for claim to the OPs, but OPs have not disbursed any amount to the complainant on account of death of his buffalo.  It is further alleged that the complainant has visited the office of the OPs time and again for obtaining the claim of his animal, but to no effect.  It is further alleged that a legal notice dated 20.3.2017 was also served upon the OPs through his counsel Shri Piyush Verma, Advocate Bhiwani, but to no effect.  Hence, it amounts to deficiency & negligence in service on the part of OPs and as such, he has to file the present complaint. 

2.                 On notice, opposite parties appeared and have filed contested written statement alleging therein that the narrative report of alleged accident was not prepared, because no intimation was given to the OPs about the alleged accident.  It is further alleged that the OPs sent notice for submitting documents for taking necessary action in the matter, but no document submitted by the complainant.  It is further alleged that the complainant got reported rapat No.15 in collusion with the police and also got conducted the PMR of buffalo in collusion with doctor.  It is further alleged that no proof is attached regarding value of died animal.  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 Annexure C1 to Annexure C10 in evidence to prove his case and closed the evidence. 

4.                Ld. Counsel for the OPs has placed on record document annexure R1 on the file to prove their case. 

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

6.

                   After hearing the learned counsel for both the parties and having gone through the material available on the records, we are of the considered view that complaint of the complainant deserves acceptance, as there is deficiency & negligence in service on the part of the OPs.  The plea taken by the OPs is that the complainant never informed about the alleged accident to them, due to which the narrative report of alleged accident could not be prepared. This plea of the OPs is not tenable at all, as the complainant has mentioned in the complaint that the OPs were informed in the matter, but they fail to take any action.  From the perusal of Annexure-C8, post mortem reports, annexure C-9, rapat No. 015 dated 20.9.2015 and Annexure C2 to C7 Photographs, it is clear that buffalo of the complainant died on 7.2.2017 due to electrocution.  So, it is clear that the buffalo died due to touch with spot wire having live current.  So it is clear negligence of the OPs, as they have miserably failed to provide defect free service to the complainant as well as to the public at large and it amounts to deficiency as well as negligency in service on the part of the OPs.  Therefore, it was obligatory on the part of the OPs to provide defect free service to the public being the welfare state and it was also the bounden duty of the OPs to save the life and the property of the public at large.  It is clear that no contrary evidence has been produced by the OPs to rebut the evidence of the complainant.

7.                 On the other hand opposite party has not placed on record any cogent and convincing evidence to prove that there was no current in the spot wire with which the buffalo touched and died. Hence in view of the documents placed on record by the complainant, it indicates that the buffalo of the complainant had died due to electrocution and the opposite parties are liable to compensate the complainant. In this regard reliance has been placed upon the law cited in IV(2008)CPJ 139 (NC) titled as C.G.M., P & O NPDCL & Ors Vs Koppu Duddarajam & Anr. whereby Hon’ble National Commission has held that: “Villager pay taxes to the village Panchayats and power consumption charges to the electricity company, hence, they are the consumers” & (2016) CPJ 383 (NC) Ankush & Ors. Vs Superintending Engineer & Ors., whereby “due to sparking dry leaves of sugarcane caught fire, entire sugarcane field burnt, District Forum allowed complaint and granted compensation Rs.6,12,500/- towards damage – State Commission allowed appeal – Hence revision – contention, complainants are consumer so far as service line is concerned but this is a case of transmission line hence complainants not consumers – not accepted – Transmission belongs to OPs and was installed by them – OPs have approved its power – Negligence on part of OPs established – Farmers should have been treated with kid gloves by all and sundry but it is painful and galling that State and its functionaries care not even a fig for them – Order of District Forum restored”.

8.                So far as the question of value of the died buffalo of the complainant is concerned, the complainant has placed on record Annexure C1 Post Mortem Reports dated 7.2.2017, vide which the Veterinary Surgeon has assessed the cost of the died buffalo to the tune of Rs. 75,000/-. The report of the Veterinary Surgeon cannot be disbelieved when no evidence on the point of value is produced on behalf of the OPs. Hence, the complaint of the complainant is allowed with costs and the OPs are directed: - 

i.        To pay Rs. 75,000/- as cost of died buffalo along with interest @ 9% per annum from the date of institution of this complaint till its realization.

iii.      To pay Rs.5500/- as counsel fee as well as litigation charges.

          The compliance of the order shall be made within 30 days from the date of the order.  In case of default, the OPs shall liable to pay interest @ 18% p.a. on total amount as directed above vide clause No. i to iii from the date of default i.e. after 30 days from the date of this order i.e. 14.02.2019.  Certified copies of the order be sent to parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 14.02.2019.                 

(Renu Chaudhary)         (Parmod Kumar)        (Manjit Singh Naryal)

Member.                        Member.                         President,

                                                                      District Consumer Disputes

                                                                   Redressal Forum, Bhiwani.