Complaint filed on: 22.07.2016
Complaint Disposed on:07.06.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.83/2016
DATED THIS THE 7th DAY OF JUNE 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
Rangaswamy Urs
W/o Patel Kalaraj Urs,
Aged about 60 years,
Retd. K.S.R.T.C. Driver,
Undedasarahalli,
Behind Pais Compound,
Chikmagalur.
(By Sri/Smt. Gerald Dias, Advocate)
V/s
OPPONENT:
1. MESCOM,
Government of Karnataka,
Represented by
a.Superintendent Engineer (Elecl),
Office:MESCOM, Chikmagalur.
(b) Executive Engineer(Elecl),
MESCOM, Chikmagalur.
(OP No.1(a) & (b) by Sri/Smt.H.C.Krishna, advocate)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in not paying compensation towards death of his cow due to electrocution. Hence, prays for direction against Op to pay sum of Rs.40,000/- with interest at the rate of 18% from 14.04.2014 till realization and also compensation of Rs.4,05,000/- towards loss of income and Rs.20,000/- towards deficiency in service.
2. The brief facts of the complaint is that:
The complainant had reared HSF Sindhi cow and it was milching and cow was being milked twice a day and used to give milk of about 20 liters per day. The complainant has purchased the said cow by paying Rs.40,000/- and he was earning Rs.500/- everyday by supplying 20 liters to the diary and few houses. Such being the case on 14.04.2014 the cow had gone to grace towards the Mango orchard which is near to the house of the complainant. The cow used to graze and then come home by itself at about 5 P.M., on that particular day the cow had not returned till 9 P.M. The complainant immediately went searching the cow, at a utter surprise the cow had fallen near the MESCOM electric transformer near the orchard. When the complainant checked the cow he found it was dead due to electrocution. The complainant immediately informed the MESCOM peoples orally. But they did not took any action, thereafter he gave a written complaint to Sub Inspector, Town Police Station, Chikmagalore on 15.04.2014, for which the said police have issued endorsement number 276045 bearing no.272/2014, thereafter they have conducted spot mahazar and informed the complainant to seek compensation from Op as per the endorsement dated 08.06.2014. Post mortem of the cow also conducted.
Thereafter, the complainant approached Op with his grievance and requested to pay compensation of Rs.40,000/- towards death of the cow due to electrocution, for which the Op had only sanctioned only Rs.5,000/- as per the letter dated 07.08.2014.
The complainant had requested the Op to pay compensation of Rs.40,000/-, whereas they have sanctioned only Rs.5,000/- without any valid reasons. The complainant suffered loss of earning due to death of cow and complainant suffered financial loss. The complainant being a retired K.S.R.T.C. driver is earning the income from the cow, due to death of the cow the complainant suffered loss of future earning. Hence, Op rendered a deficiency in service in not settling the claim of the complainant to the tune of Rs.40,000/-. Hence, prays for direction against Op to pay a compensation of Rs.40,000/- towards death of cow and Rs.4,05,000/- loss of income along compensation of Rs.20,000/- for deficiency in service as prayed above.
3. After service of notice Op appeared through his counsel and filed version and contended that on 14.04.2014 at about 9.45 P.M. the officials of the MESCOM have received information that one cow was dead near transformer at Undedasarahalli, Chikmagalur. Immediately the section officer taken the line clearance and visited the spot. Later they informed to higher officer regarding the accident. The A.E.E., Urban sub division has visited the spot on 15.04.2016 and given a report to do needful action.
While verifying the spot it noticed that due to rain on 14.04.2016 at about 6 P.M. a branch of tree fell on the power line, near the 63 KV transformers, due to which near the transformer there was electrical ground, at the same time the cow come near the transformer and contacted with the grounding of the transformer, due to which it was dead due to electrocution. The accident took place due to fall of branch of a tree on the power line and it is purely act of god.
Op further contended that it is the duty of the owner of the cow i.e., complainant to look after the cow, when it was sent for grazing, due to negligence on the part of complainant in not supervising the cow the accident took place, if the complainant was following the cow when it was sent for grazing the accident could not have taken place. Hence, there is a negligence on the part of complainant for the death of the cow. Hence, there is no deficiency in service on the part of this Op and prays for dismissal of the complaint.
4. Complainant filed affidavit and marked documents as Ex.P.1 to P.4 and Op also filed affidavit and marked documents as Ex.R.1 to R.3.
5. Heard the arguments.
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is deficiency in service on the part of OP.
- Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. On going through the pleadings, affidavits and documents produced by both complainant and Op, there is no dispute that the cow of the complainant dead due to electrocution on 14.04.2014 near the transformer maintained by Op. The complainant in his affidavit has sworn that the cow used to give 20 liters milk everyday, in turn the complainant supplied the said milk to the diary and other houses and also earning Rs.500/- per day. After death of the cow the complainant approached the Op and requested to pay compensation of Rs.40,000/- for death of the cow due to electrocution. For which Op after inspection have sanctioned Rs.5,000/- to the complainant. But the complainant by not satisfying the award made by Op had approached this Forum for enhancement of the compensation. After submitting the arguments from both sides we are of the opinion that the complainant is entitled another Rs.10,000/- apart from approved compensation of Rs.5,000/- from Op under exgratia, considering the dependency of the complainant on the cow for his livelihood. Of course there is no deficiency in service on the part of Op in offering a compensation of Rs.5,000/- towards death of the cow. Anyhow the Op is directed to settle the claim for compensation of Rs.15,000/- to the complainant towards death of the cow under electrocution. Op is also liable to pay Rs.1,000/- litigation expenses to the complainant. As such for the above said reasons, we answer the above point no.1 and 2 in the Affirmative and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is partly allowed.
- OP is directed to pay compensation of Rs.15,000/- (Fifteen Thousand Rupees only) along with litigation expenses Rs.1,000/- (One thousand Rupees only) to the complainant within one month from the date of receipt/knowledge of the order, failing which the payable amount shall carry interest @ 9% P.A. till realization.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 7th day of June 2017).
(H.MANJULA) (B.U.GEETHA) (RAVISHANKAR)
Member Member President
ANNEXURES
Documents produced on behalf of the complainant:
Ex.P.1 - Police complaint dtd:07.06.2014.
Ex.P.2 - Endorsement given by Town Police Station, Chikmagalur.
Ex.P.3 - Another endorsement dtd:08.06.14 given by Police Station.
Ex.P.4 - Intimation given by Op for payment of Rs.5,000/-.
Documents produced on behalf of the OP:
Ex.R.1 - Authorization letter.
Ex.R.2 - Approved letter dtd:24.07.14.
Ex.R.3 - Copy of the sanction letter dtd:07.08.14.
Dated:07.06.2017 President
District Consumer Forum,
Chikmagalur.
RMA
