::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.40/2017.
Date of filing: 11.07.2017.
Date of disposal: 30.06.208.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Nand Kumar S/o Baburao Gouli,
Age:57 years, Occ: Milk Vendor,
R/o Shahgunj Bidar.
( By Sri. Rajkumar.K., Adv.)
VERSUS
OPPONENT/S: 1) The Excutive Engineer GESCOM,
Bidar Division Bidar.
(By. Mahesh.S.Patil., Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The present complaint u/s 12 of the Consumer Protection Act, 1986against the O.P.s alleging deficiency of service. The subject matter of the complaint is as hereunder.
2. That, the complainant is an in habitant of Shahugunj, Bidar and a milk vendor by profession. He owned a she buffalo, which was born in his house. The said she buffalo was yielding 3 to 4 liters of milk in the morning and evening and after the expenses, the complainant was getting a daily income of Rs.300/- to Rs.400/- by selling the milk. On 31.07.2016 at about noon, the complainant led the she buffalo for grazing and doing so, when both animal and its’ owner reached Dr. Biradar Hospital, J.P. Colony, Bidar the animal got electrical shock near the Electrical transformer (unfenced-open in all sides) installed at the road side and died, the day was rainy and the buffalo got shock while passing near the transformer.
3. The complainant filed a complaint with New Town Police Station Bidar, who registered a case in E.A.No.6/2016, investigation was taken up, spot panchanama was drawn and the animal (dead) was subjected to post mortem.
4. The complainant, who claims himself a Consumer under GESCOM claims that, the buffalo was 7 years old, milching died due to leakage of current from the transformer causing an earthing. The GESCOM was negligent in maintaining the transformer there by indulging into deficiency of service. Against his claim of compensation, the GESCOM had sent cheque for meagre amount of Rs.4,000/- by cheque, which was quite unsatisfactory and insufficient, he has notified that, to the GESCOM.
5. The complainant is claiming a compensation of Rs.1,67,000/- with interest.
6. The sole opponent entering appearance upon notice has filed his written versions in which it is claimed that, the complaint is not maintainable either in law or on facts and is liable to be dismissed with costs. The fact of profession of the complainant, the fact of the buffalos’ birth in the complainants’ household, its’ milk yielding and the complainants’ income have been denied due to lack of knowledge. It is further claimed that, the death of the buffalo was due to negligence of the complainant and also the claim Rs.1,67,000/- desputed. It is further stated that, the registration of the case by the New Town Police Station was a formality so also the Postmortem examination. Negligency of the staffs of GESCOM not fencing the transformer has been denied. The opponent further denies that, the complainant ever approached for compensation (sic-why then the cheque for Rs.4000/- was despatched). As a whole the claim of the complainant is seriously disputed.
7. Both sides, have filed evidence affidavit, submitted written arguments and were heard in length further. The complainant only has submitted documents listed at the end of this order.
8. Basing on the claim and the counter, the following points arise for consideration.
- Does the complainant prove that, he is a consumer of the opponent?
- Does the complainant further prove that, there was deficiency of service?
- Does the O.P. prove that, there has been no negligence in his part?
- What orders?
9. Our answers to the points are as following:-
- In the affirmative.
- In the affirmative.
- In the negative.
- As per final orders owing to the following:-
:: REASONS ::
10. Point No (1): To prove his consumer ship, the complainant has submitted documents like electric bill payment receipt, bill and family ration card vide Annexure K.L and M. The electrical connection stands in the name of his father Babu Rao. Hence it is held that, he is a consumer as defined u/s 2(1) of the Consumer Protection Act, 1986 and the point No.1 is answered in affirmative.
11. Point No(2) & (3): Both these points are interlinked and hence are being dealt together. It is born out of the complaint and spot Mahazar that, at about 1 P.M. of 31.07.2016, there was drizzling and the electrical transformer being open one was electrified. The buffalo got electrical shock from such earthing syndrome and died due to shock. The complainant in his written arguments has quoted judgements of the Hon’ble National Commission III(2010) CPJ 198 NC-DHBVNL v/s Vidya Devi, in which it was held that-“Petitioner transmits energy has duty to ensure safety and Security of persons, animals and other objects. Loose exposed wire causes damages petitioner held liable to compensate losses”. The same ratio has been once again reiterated in another judgement 2013 (2) CPR 184(NC) Dakshini Hariyana Bijli Vitaran Nigam Limited v/s Parmila Devi. In the instant case, the electrical transformer was left
non-fenced inspite of the O.P. well aware of its’ dangerous condition. So, there cannot be any doubt that, the deficiency of service and also negligence of the O.P. is proven and hence we answer points No.2 and 3 accordingly.
12. Point No(4): The complainant has sought a compensation of Rs.1,67,000/- which we feel is exorbitant and without any basis. Even though in his complaint he has indicated the value of the animal as Rs.65,000/- and the jurisdictional New Town Police Station has sent a report accordingly to the Tahasildar and Executive Magistrate, Bidar vide Annexure-B, from the valuation certificate issued by the Assistant Director, Veterinary (Annexure-G) the value of the animal is evident as Rs.50,000/-. In two decisions of the Hon’ble National Commission, reported in 2013(1)CPR510 (NC) and III (2013) CPJ 377 (NC) it has been mandated that, the cost estimated by the veterinarian to be awarded. Hence the complainant has to be awarded that much in consonance with the National Commissions’ stipulation and hence we proceed to pass the following:-
ORDER.
- The complaint is allowed in part.
- The O.P. is directed to compensate the complainant in a sum of Rs.50,000/- together with interest@ 12% p.a. calculated from the date of filing of the case till realisation;
- Further the O.P. is Directed to pay sums of Rs.5,000/- towards mental agony undergone by the complainant together with litigation expenses of Rs.3,000/-
- Four weeks time granted to comply this order.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 30th day of June 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A-Complaint file before New Town Police Station Bidar in
E.A. No.6/2016 date: 01.08.2016. - Annexure.B–Report of Station house officer New Town Police
Station date:27.01.2017 to the Tahasildar and
Executive Magistrate Bidar. - Annexure. C– Spot Panchanama in E.A.No.6/2016.
- Annexure.D—Post mortem report.
- Annexure.E– Representation of complainant to the Executive
Engineer GESCOM Bidar. - Annexure.F- Copy of Aadhar Card.
- Annexure.G- Original valuation certificate issued by Assistant
Director Veterinary Bidar. - Annexure.H- Copy of the cheque issued by GESCOM to the
complainant. - Annexure.J - Protest representation (acknowledged copy) submitted
by the complainant to the O.P. - Annexure.K- Original Electricity receipt.
- Annexure.L- Original Electricity bill.
- Annexure.M- copy of family Ration Card of the complainant.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Sri.Nandkumar S/o Baburao Gouli (Complainant).
Opponent No.1
- R.W.1- Sri. Basawaraj S/o Apparao Patil Executive Engineer
GESCOM Bidar.
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
