DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.343 OF 2014.
DATE OF INSTITUTION: 09.12.2014.
DATE OF ORDER: 01.04.2016
Satbir son of Shri Bhan Singh Caste Rajput, resident of village Hetampura, Tehsil and District Bhiwani.
………Complainant.
Versus
- D.H.B.V.N.L., Hisar, through its Managing Director, Hisar.
- Executive Engineer, D.H.B.V.N.L., Bhiwani.
- S.D.O Operation, Sub Division, D.H.B.V.N.L., Jui, District Bhiwani.
………Opposite Parties.
COMPLAINT U/S 12 & 13 OF THE CONSUMER PROTECTION ACT,
BEFORE: Shri Rajesh Jindal, President,
Smt. Ansuya Bishnoi, Member,
Present: Shri Satish Sharma, Advocate for complainant.
Shri B.R. Raparia, Advocate for Opposite Parties No. 1 to 3.
ORDER:-
RAJESH JINDAL, President:
In brief, the case of the complainant is that the buffalo of the complainant died due to electrocution from the broken electric live wires on 30.06.2014. The complainant immediately informed the Ops and also lodged the complaint with the concerned police station vide application dated 30.06.2014 Annexure C-11 and a rapat No. 12 dated 30.06.2014 Annexure C-10 was lodged by the concerned police station. It is alleged that a legal notice was also issued on 30.07.2014 but no reply was given. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of opposite parties and as such he had to file the present complaint.
2. Opposite parties on appearance filed written statement alleging therein that no complaint regarding alleged incident dated 30.06.2014, about breaking of live wires was received in any complaint Centre or to any official of the answering respondents. It is submitted that the complainant has lodged a false Rapat and a PMR has been prepared falsely to take benefit of process of law with the collusion with the concerned Veterinary Surgeon and police officials. It is submitted that no information as alleged was received nor any document was submitted by the complainant before answering respondents. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of Ops and the complaint of the complainant is liable to be dismissed against respondents with costs.
3. In order to make out his case, the complainant has placed on record affidavit Annexure CW1/A and documents Annexure C-1 to Annexure C-11.
4. In reply thereto, the Ops have filed supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned Counsel for the complainant reiterated the contents of the complaint. He submitted that the buffalo of the complainant died due to electrocution from the broken electric live wires on 30.06.2014. The complainant immediately informed the Ops and also lodged the complaint with the concerned police station vide application dated 30.06.2014 Annexure C-11 and a rapat No. 12 dated 30.06.2014 Annexure C-10 was lodged by the concerned police station.
7. Learned Counsel for the Ops reiterated the contents of their reply. He denied the allegations of the complainant. He submitted that the complainant never informed about the electrocution of his buffalo by broken electric wires. The complaint of the complainant is false.
8. In view of the pleadings and arguments of the parties, we have examined the relevant material on record carefully. The complainant has produced the Post Mortem Report dated 30.06.2014 Annexure C-1. According to the said Post Mortem Report the said animal died of electric current causing shock and death on 30.06.2014. The said post mortem report has not been disputed by the OP. The complainant has got issued legal notice dated 30.07.2014 Annexure C-6 to the Ops vide postal receipts Annexure C-7, Annexure C-8 and Annexure C-9. No evidence has been adduced by the Ops in support of their defence. Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant and award Rs. 50,000/- as compensation to the complainant for the death of his buffalo due to electrocution. The Ops are directed to pay the said amount of award to the complainant within 60 days from the date of passing of this order, otherwise the Ops shall be liable to pay the interest at the rate of 8 % per annum from the date of passing of this order till the date of payment. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:01 .04.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member.
