BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                          Complaint No.: 318 of 2015.

                                                          Date of Institution: 09.11.2015.

                                                          Date of Decision: 30.01.2019.

Saraman Devi wife of Shri Balbir Singh, resident of ward No. 7, Gandhi Nagar, Charkhi Dadri, Tehsil Charkhi Dadri, District Bhiwani, now District Charkhi Dadri (Haryana).

                                                                   ….Complainant.

                                      Versus.

1. The Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Ltd., Charkhi Dadri, District Bhiwani, now Charkhi Dadri (Haryana).
2. The Sub Divisional Officer, Dakshin Haryana Bijli Vitran Nigam Ltd., Charkhi Dadri, District Bhiwani, now Charkhi Dadri (Haryana).

…...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 Madan Singh Verma, Advocate for the complainant.

                   Shri Rishipal Parmar, Advocate for the OPs.

ORDER:-

PER MANJIT SINGH NARYAL, PRESIDENT

                   The case of the complainant in brief, is that she is a poor lady and earning her livelihood from the dairy farming and she has some cows and buffalo.  It is alleged that on 19.9.2015 she was taking her animals to the fields of Shri Sita Ram son of Shri Chhaju Ram, resident Radhan Pana, Charkhi Dadri, all of sudden live electric wire installed by OPs passing over the fields was broken & fall on the animals.  It is further alleged that due to electric current one black cross breed cow aged two & half years, one buffalo male (Jhota) aged two years and one buffalo heifer female aged one year were died.  It is further alleged that the police reached on the spot and Rapat No. 014 dated 20.9.2015 was lodged in PS City Charkhi Dadri and the concerned Veterinary Surgeon, Charkhi Dadri has conducted post mortem of three animals showing reason of death due to electric current.  It is further alleged that it is the duty of the Nigam and its staff to insure the proper maintenance and installation and to insure the safety of the public/animals, however, they failed to perform their obligations in maintaining the electricity line and as a result of which the live electric wire fall upon the animals of the complainant.  It is further alleged that the animals of complainant died due to the sole negligence of Opposite Parties. 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 complainant never informed about the alleged accident to the OPs, whereas in such cases immediate information must be given to the OPs, so that the verification of truth may be ascertained.  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 Annexure C1 to Annexure C9 in evidence to prove her case and closed the evidence. 

4.                Ld. Counsel for the OPs has placed no evidence on the file and closed the evidence. 

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, whereas in such cases immediate information must be given to the OPs, so that verification of truth be ascertained. 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 animals of the complainant (one Cow, One male buffalo and one buffalo) died on 20.9.2015 due to electrocution.  So, it is clear that the animals died due to fall of electric 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 document to prove that there was no such wire fall on the animals of the complainant. Hence in view of the documents placed on record by the complainant, it indicates that the animals of complainant had died due to electrocution and opposite party is 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”.

8.                So far as the question of value of the died animals of the complainant (one Cow, One male buffalo, one female buffalo) is concerned, the complainant has placed on record Annexure C8 Post Mortem Reports dated 20.9.2015, vide which the Veterinary Surgeon has assessed the cost of the died animals (Cow Rs.20,000/-, male buffalo Rs.10,000/- and female buffalo Rs.10,000/-) to the tune of total Rs.40,000/- . 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. 40,000/- along with interest @ 9% per annum from the date of institution of this complaint till its realization.

iii.      To pay Rs.5500/- 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. 30.1.2019.  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: 30.01.2019.                 

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

Member.                        Member.                         President,

                                                                      District Consumer Disputes

                                                                   Redressal Forum, Bhiwani.