DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 74 of 2019

 

1. Md. Jahid Khan,

S/O. Jahirul Islam Khan,

Resident of Durgapur,

P.S.-Sonamura,

District – Sepahijala Tripura.....................................Complainant.

 

-VERSUS-

 

 

1. Tripura State Electricity Corporation Ltd.

Represented by its Managing Director,

Registered Office at Bidyut Bhaban, Banamalipur,

Agartala, Tripura West.

P.O.-Agartala, P.S.-East Agartala,

District- West Tripura, Pin-799001.

 

2. Sonamura Electrical Sub-Division, 

Represented by its Senior Manager,

Office at Sonamura, P.O. & P.S.-Sonamura,

Dist.-Sepahijala Tripura, Pin-799131....................Opposite parties.

 

      __________PRESENT__________

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

C O U N S E L

 

For the Complainant : Sri Diptanu Debnath,

  Sri Kumar Sankar Sarma,

  Advocates. 

 

For the O.Ps. : Sri Nepal Majumder,

  Advocate.

 

 

JUDGMENT  DELIVERED  ON: 12/11/2021

J U D G M E N T

The Complainant Md. Jahid Khan, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service committed by the O.Ps. 

  The complainant's case, in brief, is that the Complainant is a consumer of Electricity vide Consumer ID No.03411710501401084290019262 under the Tripura State Electricity Corporation i.e. the O.Ps. The Complainant has domestic electric connection to his house situated at Durgapur under the Sonamura Electric Sub-Division, Sepahijala Tripura District. The complainant has alleged in his complaint that his wife, children including his father and other family members living in their own homestead land. The said house of the Complainant consisted of 03 rooms. On 09/05/2019 at about 3.30 P.M. in the afternoon while one truck carrying goods to be used in the Border fencing of the Indo-Bangla Border fencing work was going through the said road it stuck with the overhead electric wire running across the road which was connected into the house of the Complainant for supplying electricity and as a result the said overhead electric wire got loose and started to make sparking dangerously. Thereafter, the Complainant, Md. Jahid Khan at about 4.00 P. M. went to the office of the O.P. No.2 and informed the situation to the staffs of the O.P. No.2 present in the said office of O.P. No.2 and in the daily register book of the O.P. No.2 on 09/05/2019 at about 4.00 P.M. made a written entry of the situation with a prayer to repair the said electric line connected to the house of the Complainant and the staffs of the O.P. No.2 assured that within short time they would reach to the house of the Complainant and repair the said overhead electric wire connected to the house but no one from the office of the O.P. No.2 went to the house of the Complainant for repairing the said electric line. Thereafter, at about 8.00 P.M. due to heavy sparking in the overhead electric line connected in the house of the Complainant there was short circuit and the said over head electric wire caught fire and within minutes the fire spread through the said overhead electric wire connected to the house of the Complainant and burnt down the whole house of the Complainant. Then, the Complainant informed the Fire Brigade at Sonamura Fire Brigade Station and by this time the staffs of the Fire Brigade came. But the fire destroyed everything in the house of the Complainant along with the said house. On 09/05/2019 the Complainant made a G.D.Entry in the Sonamura Police Station vide G. D. No.31, dated  09/05/2019 informing the loss of the valuable household articles, properties and important papers and documents of the Complainant and his other family members as destroyed by the devastating fire caused due the deficient service and negligence of the O.P. No.2. Thereafter, the Complainant made a prayer before the Govt. Authority(SDM, Sonamura, Sepahijala District) for some monetary relief to the Complainant but it was informed by the office of SDM, Sonamura that they are unable to provide any monetary relief to the Complainant and to approach the Appropriate Forum for any kind of relief. The father of the Complainant being consumer has always duly made payment of the electric bills to the Appropriate Authority. The complainant and his family members suffered mental agony due to deficiency service committed by the O.Ps.

Being aggrieved by the conduct of the O.Ps., the Complainant has filed present complaint praying for compensation for mental agony, harassment and for deficiency of service of the O.Ps. apart from litigation cost by the O.Ps.   

Hence this case. 

 

 

2. Both the O.Ps have contested the complaint by filing written objection jointly denying the contentions and the allegations of the complainant. On 09/05/2019 at abut 8.00 P.M. fire incident caused by electric short circuit is completely a false statement by the Complainant. Such statement of the Complainant is not trust worthy as the electric line was all ready disconnected by the Vehicle at the road side electric post and the Complainant already made entry in the complaint Register on the same day. It is also submitted that the cause of fire is not due to short circuit as service wire got snapped at about 3.30 P.M. and power is already disconnected. On the next day i.e. on 10/05/2019 the call was attended and new Electric wire / line was drawn from the Electric Post and was provided new Electric wire and Meter etc. to the house of Jahirul Islam Khan. Therefore, there was no deficiency of service or any negligent on the part of the answering Opposite Party. The fire could not be happened due to short circuit as the Electric line was already disconnected. 

Denying any deficiency of service or negligence on the part of the O.Ps , the O.Ps have prayed for dismissal of the complaint. 

 

3. Evidence adduced by the parties:-

The complainant examined himself as P.W.1. He submitted his examination in chief by way of affidavit and also he submitted examination in chief by way of affidavit  of the PW-2 & PW-3. He has produced 05 documents comprising 6 sheets under a Firisti dated 04/09/2019 & 11/09/2020. The documents on identification have been marked as Exhibit – 1 Series & Exhibit-2 series. The complainant was cross examined by the O.Ps'. side. 

O.Ps. adduced evidence of one witness namely Sri Samir Das, Senior Manager under Sonamura Electrical Sub-Division, TSECL. The said witness has produced 2 documents comprising 2 sheets under a Firisti dated 11/09/2020 which were marked as Exhibit- A Series. The witness of the O.P. was not cross examined by the Complainant side as it is a summary trial.    

 

4. Points to be determined:-

(i). Whether complaint is maintainable in its present form of nature and in law?

  (ii). Whether there was any deficiency of service on the part of the O.Ps towards the complainant?     

         (iii). Whether the complainant is entitled to get any compensation /relief as prayed for ?                       

 

5. ARGUMENTS OF BOTH SIDES:

            We have heard arguments of both sides at length. Learned Counsel of the Complainant submitted that Complainant has been able to prove deficiency of service on the part of the O.P. and due to that negligence and deficiency of service the house of the Complainant was  completely burnt and damaged. As a result he sustained huge loss. Learned Counsel further submitted that on 09/05/2019 at about 3.30 P.M. in the afternoon while one truck carrying goods was going through the road situated near the house of the Complainant struck with over head electric wire which was connected with the house of the Complainant supplying electricity and as a result the electrical wire connected with the house of the Complainant got loose and started to make sparking dangerously. The incident was informed to the O.P. and a complaint was lodged for repairing the same but staff of the O.P. did not pay any heed and as a result the fire incident took place due to short circuit. Learned Counsel further submitted that staff of Fire Brigade with vehicle came to the spot and  put out the fire and in the report submitted by Durgapur Fire Station mentioned that the cause of fire was due to electric short circuit and the documents are exhibited. Learned Counsel further submitted that due to negligence and deficiency of service on the part of the O.P. the Complainant sustained huge loss and he is entitled to get adequate compensation for the said loss from the O.P. Learned Counsel of the Complainant relying upon two decisions of Apex Court which are decided in M/S. Spring Meadows Hospital & Anr Vs Harjol Ahluwalia on 25/03/1998 & Canara Bank Vs United India Insurance Company Ltd. on 06/02/2020 submitted that definition of Consumer includes not only the person who hires or avails of the services but also the beneficiaries of such services. So, the complaint is maintainable in law as per decisions of Apex Court. 

              On the other hand Learned Counsel Mr. Nepal Majumder submitted that the Complaint is not maintainable in law as because Complainant is not a consumer under Tripura State Electricity Corporation Ltd. Actual Consumer is the father of the Complainant and consumer ID number was issued in the name of the father of the Complainant. So as per Consumer  Protection Act, 1986 the complaint is not maintainable in law.  Mr. Majumder further submitted that the evidences adduced by the Complainant side clearly speak that the fire incident occurred due to other reason not for any short circuit. Mr. Majumder submitted that the Complainant has failed to submit any opinion of expert about the cause of fire and the report submitted by the Fire Brigade Authority is not the conclusive proof. He further submitted that the Complainant failed to submit any assessment report  about the loss / damage of the property. At last he submitted that the Complaint is not maintainable in law and facts and  it is liable to be dismissed.                            

 

6. Decision and reasons for decision:-  

Point No.1 – There is no dispute that the father of the Complainant is the Consumer under Tripura State Electricity Corporation Ltd. and he is alive. Complainant being the Son of Jahirul Islam Khan who is actual Consumer lodged the complaint being beneficiary. We have perused the above citations relied upon by the Learned Counsel of the Complainant. It is settled law that the beneficiary of the Consumer is also Consumer and beneficiary have a right to lodge the complaint under Consumer Protection Act. Hence, we decide that complaint petition is maintainable in law and Point No. 1 is decided accordingly. 

Point Nos. ii & iii are taken up together for the convenience for decision.  

    We have carefully gone through the pleadings  as well as evidences adduced from both sides. Complainant(PW-I) in cross examination stated that on 09/05/2019 at about 3.30 P.M. he made a complaint before Electrical Sub-division, Sonamura in respect of severance of electric line from the main post to their house. O.P. made a suggestion that the fire incident was not taken place due to short circuit of electricity but it was occurred due to negligence of the Complainant or otherwise. The Complainant in cross further stated that he did not submit any assessment report from any Authorized Assessor about  sustaining of loss due to fire incident. 

                    Sri Samir Das(OPW-I), Senior Manager, under Sonamura Sub-Division at Para 6-7 deposed that on 09/05/2019 Complainant made a written entry to the Complaint Register to the fact that “The Electric line of the house of Jahirul Islam Khan at Durgapur Dakhin Para has been disconnected from the electric main post. Today, at noon time a Vehicle engaged for construction of fencing of Iron net (Kata Tar) during passing crossing road snapped / torned the electric wire and disconnected the Electric line. So, it is requested the Electric line of their house be drawn”. 

      Complainant exhibited the extract of the complaint register of the Office of the O.P. dated 09/05/2019. The extract of the complaint register speak that the Complainant in the complaint register mentioned that the Electric connection wire was disconnected due to passing by a vehicle. Learned Counsel of the Complainant relied upon a photocopy of report in respect of Fire incident submitted by Officer-in-Charge, Sonamura Fire Station. In the report at Column-7 it is mentioned that cause of fire is due to electric short circuit but Complainant failed to examine the Officer-in-Charge of Sonamura Fire Station who submitted the report. On scrutiny it is found that the format of the report is unsigned and no certified copy of the report is submitted. So, we are unable to accept this report(Exhibit-2 series) produced by the Complainant side.    

7.      On appreciation of the evidences of both sides, we found that Complainant has failed to adduce sufficient evidences in respect of cause of fire as because the evidence adduced by the Complainant is contradictory. Once it was stated that there was no connection as electrical line was disconnected from the main post. On the other hand it is stated that there was sparking dangerously. We find contradictory evidence adduced by the Complainant.

So,we are in the opinion that Complainant has failed to prove his complaint U/S. 12 of the C.P. Act, 1986. 

Hence, the complaint is dismissed and no costs. 

Supply a certified copy of the judgment to both the parties free of cost. 

  Announced.

 

 

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA, AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.