(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) This appeal takes an exception to an order dated 10/06/2005 in Consumer Complaint No.57/2002, Kum.Matraiy Suresh Shinkar & ors. Vs. Asst.Electrical Inspector, Class-1, Maharashtra Rajya Vidhyut Mandal, Ratnagiri & ors., passed by District Consumer Disputes Redressal Forum, Ratnagiri (‘Forum’ in short). The consumer complaint stood dismissed and feeling aggrieved thereby, the original complaint preferred this appeal.
(2) It was the contention of the appellant/complainant (hereinafter referred to as ‘complainant’) that in their field, there was a transformer D.P. of the electric supply lines. Due to sparking from the said transformer on 25/11/2000 at about 3.30 p.m., trees and other things in the field of the complainant caught fire and the complainant sustained loss of `2,16,500/-. The supply to transmission line was discontinued after the event. Since the opponent failed to reimburse the loss, consumer complaint was filed.
(3) Respondent/original opponents are present today, however the appellant/complainants preferred to remain absent, in spite of notice published on notice board, on internet, and in spite of the fact that further notice by way of abundant precaution by post intimating today’s date on 02/11/2011was also sent. We, therefore, prefer to consider this one of the old appeals on merit.
(4) In the instant case, the event had occurred due to sparking in the transformer. Since the fire in question has nothing to do with the service line, the complainants cannot be consumers. Useful reference in this respect can be made to decision of this Commission in the matter of – Maharashtra State Electricty Distribution Co.Ltd. & ors. Vs. Babulal Kuberchand Gandhi, First Appeal No.A/07/227 & 228, decided on 10/03/2010.
Thus, the finding of the forum dismissing the complainant cannot be faulted with. Therefore, holding the appeal devoid of merit, we pass the following order.
ORDER
(1) Appeal is not admitted and stands disposed off accordingly.
(2) In the given circumstances, both the parties to bear their own costs.
Pronounced on 30th January, 2012.
