This appeal is an exception to the judgement & order dtd.15.05.2010 passed by District Consumer Forum, Yavatmal in consumer complaint No.CC/09/350, partly allowing the complaint awarding the compensation of Rs.70,000/- towards the damage caused due to burning the house with interest @ 6% p.a. and Rs.2,000/- more towards compensation for causing mental & physical torture and Rs.1,000/- towards cost of proceedings.

          Brief facts giving rise to this appeal are that:-

1.      Complainants / respondents are owner of the house situated at Mangeshnagar, Wadgaon Road, Yavatmal. They have obtained electric connection. Electric meter was also installed in their house. Thus, they are the consumers of the appellants / o.ps. 

(For the sake of brevity the appellants herein after referred as o.ps and respondents are complainants.)

2.      The high tension electric wire was passing nearby the houses including the house of the complainants. On 03.12.2008 the complainants had locked their house and gone somewhere. On 13.12.2008 when they returned they found their house gutted in the fire. On enquiry, they came to know that on 05.12.2008 high tension wire was broken and fell on the electric service wire which was passing near by the houses including their house and therefore, the electric meters from those houses were burnt and there was fire to the house of complainants due to short-circuit. Due to fire the entire house and household articles of the complainants were gutted into the fire and thereby, according to the complainants, they sustained a loss of Rs.2.5 Lacs. Therefore, they claimed compensation from the o.ps by giving notice on 18.09.2009. But the o.ps. denied their claim. Therefore, complainants filed consumer complaint before the District Consumer Forum, Yavatmal, claiming compensation of Rs.2.06 Lacs towards loss of house and articles, Rs.40,000 towards physical & mental harassment and Rs.4,000/- towards cost of proceedings.

3.      In response to the notice, the o.ps. appeared before the Forum and resisted the complaint by their Written Version and denied the claim. However, it is not disputed that due to short-circuit the house of the complainants was burnt. It is submitted that when the high tension wire was broken the meters from the other houses from the same locality were immediately changed but electric meter from the house of complainant could not be changed as their house was locked. It is submitted that when the electric line was started after connecting the high tension wire, the meter from the house of complainants burnt as there was short-circuit, etc. In short, according to the o.ps they took every precaution to save electric meters and houses from the locality but as the house of the complainants was locked they could not change the meter from their house. Thus, according to them, there was no negligence on their part. Therefore, they are not liable to pay compensation to the complainants. It is submitted to dismiss the complaint.

 4.      On considering the evidence on record and hearing both the sides, the District Consumer Forum, Yavatmal held that due to negligence on the part of o.ps house of the complainant was gutted into fire and therefore, complainants sustained loss of Rs.70,000/- only and the o.ps are liable to pay it. It is also held that there was deficiency in service on the part of o.ps for non-taking cognizance of their claim. In keeping with this finding the District Consumer Forum, Yavatmal partly allowed the complaint as stated above.

 5.      Feeling aggrieved by the impugned judgement & order the o.ps have filed this appeal.

 7.      Considering the facts of the case, we have decided to dispose of this appeal finally at the stage of admission only.

 8.      It is submitted by Mr G S Baisani, Ld. Counsel for the o.ps. that though high tension electric wire was broken on the service electric line the o.ps have taken every precaution by changing the high tension wire immediately and also changing the electric meter from the houses of that locality. But they could not change the electric meter of the complainant as their house was locked. It is further submitted that after replacing the high tension electric wire and also the electric meters from the houses of the locality, when they started the electric line, the meter from the house of the complainants burnt due to short-circuit. According to Adv. Mr Baisani for the o.ps. they were not at all negligent and therefore, they are not liable to pay compensation, etc. To which it is denied by Ld. Counsel for the complainant Mr Chavhan and submitted that though the house of the complainants was locked, the o.ps would have saved the house of the complainants by, disconnecting the electric supply of the house of complainants though they could not change the electric meter, etc.

 9.      We find much force in the submission of the Ld. Counsel for the complainants, because though the house of complainants was locked the officials of the o.ps could have prevented the event of fire by disconnecting the electric supply of the house of the complainants but they have not taken such care though they were well aware that the electricity of the house of the complainant was running and there was every possibility of short-circuit after restoration of electricity by replacing the high tension wire. Therefore, the submission of Adv. Mr Baisani that the o.ps. were not negligent, cannot be accepted.

 10.    Considering all these admitted facts and evidence on record, District Consumer Forum, Yavatmal has rightly held that the o.ps were negligent and therefore, there was fire to the house of the complainants, putting them to loss at Rs.70,000/-. We find no reason to interfere with the finding recorded by the Forum.

 11.    In the result, the appeal being devoid of any merit deserves to be dismissed summarily.