Karnataka

Bidar

CC/77/2015

Bakkappa S/o Gurappa Konda Gumma - Complainant(s)

Versus

Managing Director GESCOM Gulbarga - Opp.Party(s)

Sanjeevkumar Balshetty

18 Apr 2017

ORDER

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

 

 

                                                                                                          C.C.No. 77/2015

 

                                                                                           Date of filing: 06/11/2015

 

                                                                                      Date of disposal :18/04/2017.

 

 

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:               Bakkappa, S/o Gurappa Konda,

                                         Age 52 years, Occ: Agriculture,

                                            R/o Village Gumma,

        Tq. & Dist.Bidar.

 

 

                                        (By Shri. Sanjeevkumar.A.B.,Advocate)

 

 

                                                      VERSUS

 

OPPONENT/S   :-               1.  The Managing Director,

                                              Gulbarga Electricity Supplying Company,

                                                  Ltd., Gulbarga.

 

                                         2.  The Executive Engineer (EL), Gulbarga        

                                              Electricity Supplying Company Ltd., Bidar 

                                              Division,Bidar.

           

                                          3.  The Assistant Executive Engineer (EL),

                                                   Gulbarga Electricity Supplying

                                               Company Ltd, Bidar Sub-Div;ision, Bidar.

                                     

 

                                              (By Shri. R.K.Ganure, 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.Ps. and the gist of his complaint is as follows:-

 

2.               That, he native of village Gumma, Tq.& Dist.Bidar is an agriculturist by profession  owning irrigated land bearing survey no. 37/3 of village Gumma Tq.Bidar in which sugarcane  is grown.  He is also  a registered consumer of electricity to his field having taken electricity connection for irrigation of land. The complainant  had grown sugarcane to an extent of 02 acres in his land.  There is a live L.T. line passing over the land of the complainant and it was always hanging and looking dangerous, the complainant many times drew the attention of the hanging live wires  to the line staff of O.P.no.1 but nobody had paid any  heed to the request of the complainant.

3.                   On 18/02/2014  at about 11 a.m. due to sudden short circuit in the live electric wire, the sugarcane standing in the land of the complainant caught fire and entire sugarcane worth Rs. 2.00 lakhs was burnt.  The complainant informed this fire incident to the Bidar Rural Police, they visited the spot, conducted the spot panchanama, and assessed the loss   to the extent of Rs. 1,60,000/-.  The accident took place due to the gross negligence and deficiency in service in the part of the line staff of O.Ps Company, who despite of being informed about the live L.T. line passing over the shed in dangerous condition, failed to take appropriate steps and thereby it had resulted in burning of standing sugarcane, and causing heavy loss to the complainant.  Therefore the complainant approached the O.Ps and requested them to pay  compensation.    In spite of receipt of legal notice by the complainant the O.Ps neither replied the notice nor paid any compensation to the complainant.  Hence the complainant approached this Forum for claiming compensation from the O.Ps.

 

4.      The O.Ps. putting up appearances have filed versions questioning the jurisdiction of this Forum to try the case.  Further the O.Ps claim that, new power(s) has been conferred upon the Tahasildar and Deputy Commissioner of Bidar by the Govt. to pay the compensation and further that, the complainant has not informed the respondents as required for U/sec. 161 of Indian Electricity Act, 2003 or Sec. 33 of the Electricity Act, 1910.  The   contents of complaint are completely denied by the O.Ps.  The complainant has not at all grown the sugar cane and  the same is subject to proof by the complainant.  He  has concocted a false story  to get compensation.   The O.Ps the contends with regard to short circuit caused on dated 18/02/2014 that there was 100% water  in the field  of sugar cane grown and it was not possible to burn the 2 acres of sugar cane completely and complainant sustained loss to the tune of Rs.2,00,000/-.  There is no electricity connection to the said land he has not  grown the sugarcane, hence the allegation is  false and denied.  The complainant has got the created documents with the help of police and fire brigade officers and Tahsildar and  to get the compensation from the O.Ps.  He  has  concocted a story and filed the case with created documents.  As there is no negligence on the part of the O.Ps Company, the complaint filed by the complaint be dismissed with costs.

 

5.          Both the sides have filed their evidence affidavits reiterating their respective contentions and documents relied upon are described at the end of the order.

 

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

1.  Does the complainant prove that, there has been a deficiency of service in the part of the Opponents?

 

2. Do the opponent prove that, the complainant has not sustained loss to the extent claimed?

 

3. What order ?

 

8.           Our answers to the points stated above are as following to the following:-

 

               1.  In the affirmative.

               2.  In the negative.

               3. As per the final order, for the following:

                                             

:: R E A S O N S : :

 

9.  Point No.1:-   Not withstanding the general and usual contentions of the O.Ps that, the complainant has not informed them about the electrical fire accident as contemplated under Section 161 of the Indian Electricity Act, 2003 or Section 33 of the Electricity Act, 1910, the fact remains, there was an electrical fire accident in the sugar cane field of the complainant in Sy.no. 37/3 of Gumma (village), Tq. and Dist.Bidar grown in an area of about 2 Acres of the total land on 18/02/2014 and the crops were destroyed.  The complainant has filed police complaint on the same day vide Ex.P.1 and the case was registered by the jurisdictional police in F.A.no. 1/2014.  Consequentially, spot Mahazar was drawn vide Ex.P.2, the statements of witnesses were recorded vide Ex.P.4 to Ex.P.8.  The bonafides of the complainant is evident from Ex.P.9 a certificate issued by the O.Ps.  The land holding of the complainant is proven from Ex.P.10 to Ex.P.12 ( pahanis ) pertaining to years from 2014-15 to 2016-17.  The fact of electrical fire accident is further proven from Ex.P.15, a certificate issued by the Fire Brigade authorities.  The matter does not rest there only, but a correspondence of the A.E.E. (Ele ) of the O.Ps to the Executive Engineer (Ele) of GESCOM dt. 18/02/2014, produced by the O.Ps as Ex.R.2 also corroborates the electrical fire accident and resultant crop loss.  The overwhelming proofs discussed above go a long way to prove that, factually the complainant has sustained crop loss due to the negligence of the O.Ps in maintaining the electrical feeder line properly and the claim of the complainant vide Ex.P.3 date.19/02/2015 not being considered  we answer point no.1 accordingly.

 

10.  Point No.2 :-    The O.Ps attempting to substantiate their contention disputing the quantum of loss sustained by the complainant  have submitted documents vide Ex.R.1 to Ex.R.5.  Out of those documents, Ex.R.2 is an admission of fire accident and crop loss of the complainant and not much helpful to the O.Ps.  Ex.R.1 is a formal correspondence to the Advocate concerned.  Ex.R.4 is a document issued by M/s Naranja Sahakari Sakkare Karkhane Ltd., issued to the O.Ps which evidences, the total yield assessment at Rs.1,35,628/- in respect of the produce of the complainant.  A deduction of Rs. 84,689/- is reflected and a net sum of Rs. 50,939/- has been paid to the complainant for the crops purchased.  Ex.R.5 depicts the total tonnage haul to the extent of 87.971.M.T.   So the fact now remains, in spite of the claim of the complainant to have sustained crop loss to the extent of Rs.2,00,000/- in Ex.P.1, the independent assessment of public authorities like police and the same being corroborated by independent witnesses in the later documents like Ex.P.2, Ex.P.4 to P.8 and Ex.P.16, the net loss of the complainant would be confined to Rs. 1,60,000/- out of which, he has received a sum of Rs. 50,933/- vide Ex.R.4 and is entitled for the balance amount of the net assessment.  Document at Ex.P.14 is of no help to him being of previous years.  Hence, we conclude that, the complainant has sustained loss to the tune of (Rs. 1,60,000 minus Rs.50,933/- already gained)= Rs. 1,09,067/- and he deserves that logically.  In the process, we answer point no.2 in the negative and proceed to pass the following:-

 

: :   ORDER : :

 

               The complaint is allowed in part.

 

              (a) The  O.Ps are hereby directed jointly and severally to reimburse a sum of Rs. 1,09,067/- ( rounded of at Rs. 1,09,000/-) along with @ 12 % p.a. calculated from the date of electrical fire accident i.e. 18/02/2014 till the date of realisation;

 

               (b)   The O.Ps are further liable to pay a sum of Rs. 10,000/- towards compensation for the mental agonies and financial loss undergone by the complainant, together with litigation expenses to the tune of Rs. 5,000/-

 

               (c)    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  18^th   day of April-2017 )

 

 

   Sri. Shankrappa H.                                            Sri. Jagannath Prasad                               

           Member                                                                        President

                                               

Documents produced by the complainant

                                                                                                                              

1.Ex.P.1- Copy of complaint by the Complainant,dt. 18/02/2014.

2.Ex.P.2- Copy of Spot Panchanama, dt. 19/02/2014.

3.Ex.P.3-Copy of letter addressed to Statistical        
                Office,Bidar,dt.28/11/2016.

4. Ex.P.4- Copy of Statement of Sri.Gundappa S/o Adeppa.

5. Ex.P.5-Copy of Statement of Sri. Sampathkumar s/o Adeppa.

6. Ex.P.6- Copy of Statement of Sri. Revappa s/o Shivrudrappa.

7. Ex.P.7- Copy of Statement of Sri. Mallappa s/o Shankreppa.

8. Ex.P.8- Copy of Statement of Sri. Sharanu, s/o Kalyanrao.

 9. Ex.P.9- Service certificate, dt. 06/06/2016.

10.Ex.P.10 to 12 Original R.T.C.   

11. Ex.P.13- Copy of letter addressed to Dist.Statistical Office, Bidar.

12. Ex.P.14- Copy of average yield statement.

13. Ex.P.15- Certificate of fire accident,dt.22/02/2014.

14. Ex.P.16-Copy of letter addressed to Tahsildar by Rural P.S.
                     Bidar,dt. 22/02/2014.

 

 

Documents produced by the Opponents.

 

Nil    

 

 

   Sri. Shankrappa H.                                             Sri. Jagannath Prasad                               

           Member                                                                        President