Haryana

StateCommission

A/452/2015

UHBVNL - Complainant(s)

Versus

GURMEET SINGH - Opp.Party(s)

B.D.BHATIA

16 Sep 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

 

 

First Appeal No  :      452 of 2015

Date of Institution:      15.05.2015

Date of Decision :       16.09.2015

 

 

 

1.     Sub Divisional Officer (OP), Sub Urban, Sub Division, Uttar Haryana Bijli Vitran Nigam Limited, Kali Kamli, Kurukshetra.

 

2.     Uttar Haryana Bijli Vitran Nigam Limited, Panchkula through its Managing Director.

 

3.     Executive Engineer, Uttar Haryana Bijli Vitran Nigam Limited Division, Kurukshetra.

                                      Appellants-Opposite Parties

Versus

 

Gurmeet Singh s/o Sh. Balwinder Singh, Resident of Farm Joginder Singh, Jyotisar, Tehsil Thanesar, District Kurukshetra.  

                             Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

 

Present:               Shri B.D. Bhatia, Advocate for appellant.

Shri Rajesh K. Chaudhary, Advocate for respondent.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

Sub Divisional Officer (Op), Managing Director and Executive Engineer, Uttar Haryana Bijli Vitran Nigam Limited (for short ‘UHBVNL’) - Opposite Parties, are in appeal against the order dated March 10^th, 2015, passed by District Consumer Disputes Redressal Forum (for short District Forum), Kurukshetra, whereby it directed the UHBVNL to pay Rs.50,000/- to Gurmeet Singh-complainant-respondent on account of breaking out of fire in his ‘Mushroom Farm’ situated in Village Jyotisar, District Kurukshetra, on March 29^th, 2009 and Rs.5500/- as compensation for harassment including the litigation expenses.

2.      On March 29^th, 2009 a fire broke out in the ‘Mushroom Farm’ of the complainant due to which the three sheds of ‘Mushroom Farm’ were burnt to ashes. According to the complainant, the fire took place on account of lengthy and loose span touching the wires due to poor maintenance of the electricity line.  

3.      The complainant informed the Police.  Daily Diary Report No.19 was recorded in Police Station, Jyotisar on March 30^th, 2009. He approached the UHBVNBL to pay compensation but to no avail.

4.      The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction to the UHVBNL to pay compensation of Rs.2.00 lacs.

5.      The opposite parties-UHBVNL appeared and contested the complaint by filing reply while denying complainant’s claim. It was stated that the cause of fire was not due to sparking but the same took place due to some other reason.   

6.      Vide impugned order, the District Forum accepted complaint and issued direction to the appellants-UHBVNL as detailed in paragraph No.1 of this order. 

7.      Learned counsel for the appellants-UHBVNL, has argued that the complainant did not lead any evidence to prove the negligence of the UHBVNL. So, the UHBVNL was not liable to pay any compensation.

8.      A perusal of paragraph No.7 of the impugned order shows that the District Forum was of the opinion that complainant could not prove that he suffered a loss of Rs.1,11,225/-.  Inspite of that amount of Rs.50,000/- was awarded.  The complainant did not lead any evidence to prove that loss occurred to him was on account of negligence on the part of UHBVNL, a fact which has been fairly conceded by learned counsel for the complainant. 

 

9.      In view of this, it cannot be said that there was any negligence or deficiency in service on the part of UHBVNL.  Thus, the District Forum fell in error in granting compensation to the complainant. Hence, the appeal is accepted, the impugned order is set aside and the complaint is dismissed.

10.    The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants-opposite parties against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 16.09.2015

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL