Karnataka

Bidar

CC/36/2015

Rangana S/o Zareppa Pujari - Complainant(s)

Versus

GESCOM BIDAR - Opp.Party(s)

RAJKUMAR K

27 May 2016

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::

 

 

                                                                                                         C.C.No. 36/2015

 

                                                                                              Date of filing: 23/04/2015

 

                                                                                         Date of disposal : 27/05/2016.

 

 

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:              Rangana, s/o Zareppa Pujari,                                                           

                                   Age :56 years,  Occ: Agriculture,        

                                          R/o Kashampur.(c) Village,

                                          Tq. and Dist. Bidar.

 

                                      (By Shri. Rajkumar K. Advocate)

 

 

                                                      VERSUS

 

OPPONENT/S   :-               The Executive Engineer,

                                           (Electricity Department) GESCOM,

                                           Bidar Division, Head Officce.

 

                                         (By Shri. Mahesh Patil, Advocate )

                                                                                                                                                 

 

 

 

::   J UD G M E N T  : :

 

 

 

By Shri. Jagannath Prasad Udgata, President.

 

    The complainant has approached this Forum invoking  section 12 of the C.P.Act., alleging deficiency of service and negligence in the part of the O.P. and the gist of his complaint is as follows:-

 

2.               That, he native of village Kashampur, Tq. & Dist.Bidar is an agriculturist by profession.  He pays taxes regularly to the Village Panchayat towards electric & water supply and also upkeep of the roads.  The complainant, being owner of 2 acres agricultural land in Sy.no.7 of village Kashampur had grown sugar cane crop in the said land, which was fully grown and ready for harvest.  The O.P. has got installed a Transformer in the said land to facilitate electricity supply to the complainant and other neighbouring land owners for irrigation purpose.  The complainant further avers, when the matter stood as such on 25/01/2015 at about 9.30 a.m., live electric wires hanging loose due to the negligence of the O.P. got disconnected, fell to the ground and being short circuited caused fire, for which the ready to harvest sugar cane crops in his land and also that of others were burnt and destroyed.  The destruction caused a loss of Rs. 2,00,000/- to the complainant.  The averment further goes to state that, the complainant without loss of time informed about the fire accident to the jurisdictional Bagadal P.S. and also the officials of the O.P.  An inspection was made both by the police and the GESCOM and
F.A.no.2/2015 was registered by the Police authorities (Ex.P.1).  On the same day, the police visited the spot and a panchanama was drawn before witnesses ( Ex.P.2).  As a corollary, witness statements were recorded by the police vide Ex.P.3 and P.4 and all the witnesses have corroborated the facts of the crop loss consequent upon the fire accident.   We also find that, the services of the state fire force was requisitioned by the complainant who arrived at 11.03 a.m. with fire tenders and doused the fire.  A certificate to that effect has been issued by the Fire Force authorities (Ex.P.6), corroborating the claims of the complainant.   An inspection by the Inspectorate of Electricals was conducted on the incident and a report has been submitted to the Principal Secretary, , Dept. Of Energy, Govt. Of Karnataka, vide Ex.P.7 in which, vide col.no.IV(2), II and V- clause 2& 3, the square negligence in maintaining the electrical transmitting system has been clamped on the O.P..  Proximate to the date of fire accident, the Thana (P.S.) Amaldar on 28-01-2015 vide Ex.P.8 had reported about the fire accident to the Taluka Executive Magistrate, Bidar.  The complainant at a later stage, has submitted two documents Ex.P.9, a certificate issued by the village Accountant certifying that, Sugar Cane was grown in Sy.no.7 of Khashampur village and also R.T.C. extract of Sy.no.7 of Kashampur village, from which, it is revealed that, the complainant was owning and cultivating an extent of acre 1.13 guntas of land in the said plot.  In col.no. 9 & 12, the name of the complainant as owner/ cultivator has been reflected.

3.            In furtherance of his case, the comlplainant has submitted case laws reported in IV (2008) CPJ 139 (NC) and III (2010) CPJ 198 (NC) in which it has been held that, the villagers paying taxes to Panchayath and power consumption charges to electricity company are consumers of the Company and further that, the electricity transmission Company(s) has duty to ensure safety and security of persons, animals and other objects.

 

4.               The O.P. on notice has put up appearance through a counsel of it’s choice and has filed versions on 10/07/2015 denying the nativity of the complainant, the acreage of land holding, and the entitlement of crop loss to the tune of Rs. 2 lakhs.  However in para 4 of the versions, the O.P. has though admitted about the spot inspection, claims the dislodging of live electrical wires due to sudden heavy winds, thus perhaps claiming force-majeure    condition.  The O.P. further claims that, it has never agreed to pay compensation and further that, the concerned authorities have conducted inspections behind it’s back.  It further claims that it’s staffs are always vigilant to maintain the transmission.  The O.P. further claims that, the complainant holds land to the extent of Acre 1.13 guntas and his claimof Rs. 2 lakhs as compensation is exorbitant and unreal.  The O.P. further claims that, the complainant is not  a consumer under the O.P. company, the accident was not due to the negligence of the company and it is not responsible and liable to pay any compensation.  No document has been filed by the O.P.

 

5.           Both the parties have filed their evidence affidavits reiterating their respective stands.

6               Considering the rival contentions of the parties, the following points arise for our consideration:-

 

 

1. Does the complainant prove that he is a Consumer under the O.P ?
2.  Does the complainant further prove that, the fire accident and the consequential loss of corps can be attributed to the negligent act. Of the O.P? 
3. Does the complainant prove that, Sugar Cane crops grown and about to be harvested in 2 acres of land of Kashampur village was really destroyed by electrical fire accident?
4. Does the O.P. prove that, it was diligent in maintaining the electricity transmission wires?
5. What order ?

7.           Our findings to the above points are as under:

 

 

      1.  In the Affirmative.

      2.  In the Affirmative.

      3.  Partly in the Affirmative.

      4.  In the Negative.

      5.  As per the final order for the following:

 

                                                :: R E A S O N S : :

 

8.          The points no. 1, 2 and 3 are intimately conjoined  together and we propose  to answer them collectively.

 

             The facts remain, as per the documents produced by the complainant vide Ex.P.1 to P.10 prove that, he had grown Sugar Cane crop in Sy.no.7 of Kashampur village and it was ready to harvest as on 25/11/2015, when it was destroyed by electrical fire accident at about          9.30. a.m., due to the negligent maintenance by the O.P. as certified by the Electrical Inspectorate vide Ex.P.7. The case laws, roped in by the complainant, as stated earlier conclusively clamp the blame on the O.P. and we are in respectful agreement with the decisions of the Hon’ble National Commission.  But, here, there is an exception.  The complainant vide Ex.P.10 owns land in Sy.no.7 of Kashampur village to the extent of acre 1.13 guntas and it is preposterous to claim damages for crop loss of Acre 2.00 of land.  He should only be rewarded for crop loss of much lesser land measuring Acre 1.13 guntas  in Sy.no.7 and nothing more and accordingly  we answer the points no. 1, 2 and 3  in the affirmative.

 

9.            The claims of the O.P. as on point no. 4 is squarely false, owing to the report of Electrical Inspectorate at Ex.P.7 and is answered in negative.

 

10.           Proceeding to deal with point no.5, we are dismayed that,  neither party has taken any effort to submit yield certificate or valuation certificate of the crop loss or damages.  However this Court has earlier dealt with another case vide C.C.no. 26/2014 ( Venkat Rao V/s Gescom) Date of disposal 30/11/2015 ) in which, the complainant Venkat Rao had lost Sugar cane crops grown over two acres of land and the loss was assessed at Rs. 2 lakhs by the revenue authorities. .  Keeping the same in parlance, an amount of Rs.1,33,500/- due to crop loss of his holding of acre 1.13 guntas in Sy.no. 7 of  Kashampur village, Tq.& Dist.Bidar  can be awarded to the complainant and we  proceed to pass the following:

 

 

: :   ORDER : :

 

              For the reasons discussed above, the complaint filed by the complainant U/s.12 of the Consumer Protection Act. 1986 is hereby allowed in part with costs against O.P.

 

              (a) The O.P.  has to reimburse a sum of Rs. 1,33,500/- to the complainant due to the crop loss by electrical fire accident.

 

               (b)   The O.P. is further directed to pay a sum of Rs. 10,000/- towards compensation to the complainant owing to its false denial of claim and causing unnecessary agonies to the later.

 

              (c)   The O.P. is further directed to remit a sum of Rs.5,000/- to the complainant towards litigation expenses.

 

             (d)    The amount of compensation at point (a) to carry interest @ 12% p.a. from the date of fire accident i.e. 25/01/2015 till the date of realisation.

 

                 Four weeks time is granted to fulfil this order.

 

 

 

   ( Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this  27^th  day of May-2016 )

 

 

                        Sd/-                                                                                                          Sd/-

       Sri. Shankrappa H.                                                                                 Sri. Jagannath Prasad                                

                Member                                                                                                      President

                                               

Documents produced by the complainant

                                                                                                                              

1.Ex.P.1- F.I.R. dt. 25/01/2015 ( certified copy ).

2.Ex.P.2- Spot Mahazar  ( certified copy ).

3.Ex.P.3- Statement of witness Sri. Snajeev Kumar ( certified copy ).

4. Ex.P.4-Statement of witness Sri. Umesh ( certified copy ).

5. Ex.P.5-E mail to Tahsildar Bidar from P.S. ( certified copy ).

6. Ex.P.6-Report of Fire Force (original).

7. Ex.P.7-Inspection report of Electrical Inspectorate copy 

8. Ex.P.8- Report of Bagadal P.S. to Tahasildar, Bidar ( certified copy ).

9. Ex.P.9- Crop information issued by village Accountant (original).

10.Ex.P.10-  R.T.C. extract of Sy. No.7 of Kashampur village ( certified copy ).

11. Ex.P.11- Acknowledged copy of complainant’s representation to the O.P.

 

 

Documents produced by the Opponent.

 

• Nil    -

 

                        Sd/-                                                                                                      Sd/-

        Sri. Shankrappa H.                                                                             Sri. Jagannath Prasad                                

               Member                                                                                                  President