Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member This is an appeal filed by org. complainant whose complaint was dismissed by District Consumer Disputes Redressal Forum, Nashik by judgement delivered in consumer complaint No.138/2006 decided on 15/12/2006. 2. The facts to the extent material may be stated as under :- All the complainants are owners of Gat No.105 at Village Dahiwadi, Tal. Sinnar, Dist. Nashik and they had installed an Electric Pump of 3 HP and had taken electricity connection from the respondent/Company. It so happened on 26/10/2003 at about 4.00 p.m. there was spark and short-circuit to the wires of 440 Volt going over the field. Because of said spark, complainants’ standing crop of sugarcane was got burnt and hence, they sent notice to the respondent on 12/01/2005 and requested them to give damages. Notice was not complied with and therefore, they filed a consumer complaint alleging that they had lost crop worth `3,24,000/- and therefore, they sought said amount from the respondent with interest @ 18% p.a. from 05/02/2005 and also `25,000/- as compensation for mental agony and `5,000/- towards costs. 3. Opponent contested the complaint and pleaded that there was no defect in the service lines by which the electricity was given to the agricultural field of the complainants/appellants. It was quite in order. It was contention of the respondent in the written version that complainants might be taking electric supply by device normally resorted to by the villagers to consume unauthorised supply and in the process there might have been spark in the field of the complainants and therefore, their standing crop was burnt. Respondent pleaded that after receipt of intimation from the complainants they had deputed Shri More, Shri Bhoge and Shri Katke. They visited the field and found that LT lines having voltage of 440 KV are in proper order and they were not loose in any manner and distance between the wires was properly maintained. They had also gone to the well of the complainants and found Box of electric pump was missing. So, there might be burning of service wires for which instead of lodging complaint and getting it corrected from the respondent’s people, the complainants resorted to taking unauthorised supply directly from the 440 KV electric lines and in the process, there might have been spark which damaged the standing crop of the complainants. They therefore pleaded that complaint as filed by the complainants was absolutely false and it should be dismissed. The District Consumer Disputes Redressal Forum was also of the view that the complainants might be using electric supply unauthorisedly directly from 440 KV lines and in that process there might have been spark which caused damage to the standing crop of sugarcane of the appellants and therefore, District Consumer Disputes Redressal Forum held that there was no substance in the complaint lodged by the complainants. District Consumer Disputes Redressal Forum therefore was pleased to dismiss the complaint. Aggrieved by this dismissal, the complainants had filed this appeal. 4. On last occasion, appellant was present in person and he wanted to engage lawyer and therefore, matter was adjourned today. Today, none is present on behalf of the appellants. Therefore, on hearing Mr.S.S. Jinsiwale, Advocate present for the respondent and on perusal of the impugned order, we are finding that there is no substance in the appeal. Learned District Consumer Disputes Redressal Forum seems to have appreciated the facts and held that fault was with the appellants as they were consuming the electricity unauthorisedly after their service wires had burnt and instead of calling the respondent’s people, they resorted to illegal device for abstracting the energy directly from 440 KV lines and in the process of their illegal activities, there might have been spark which caused damage to the standing crop of the appellants. District Consumer Disputes Redressal Forum therefore, seems to have been rightly concluded that there was no substance in the complaint and we are confirm said finding. In the appeal, we cannot take a different view than what has been rightly taken by the District Consumer Disputes Redressal Forum. In the circumstances, we pass the following order :- -: ORDER :- 1. Appeal stands dismissed. 2. No order as to costs. 3. Copies of the order be furnished to the parties. Pronounced Dated 3rd May 2012. |
