BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION : AT NALGONDA :
PRESENT: SRI MAMIDI CHRISTOPHER,
PRESIDENT.
SMT.S.SANDHYA RANI,
FEMALE MEMBER.
. . .
WEDNESDAY, THE THIRTY FIRST DAY OF MARCH, 2021
CONSUMER COMPLAINT No. 39 OF 2018
Between:
Chirraboina Venkateshwarlu S/o Ramulu, Age: 36 years,
Occ: Agriculture & Labourer, R/o H.No.1-26, Theratigudem,
H/o Chepuru Village, Gurrampode Mandal, Nalgonda District, T.S.
…COMPLAINANT.
AND
- Office of the Divisional Engineer (Operation), Southern Power Distribution Company of Telangana Limited, Devarakonda,
Nalgonda District, Telangana State. Rep.by its Divisional Engineer.
- Office of the Superintending Engineer, Operation Circle,
Near: Bus Stand, Nalgonda Town and District, T.S. Rep.by its Superintending Engineer.
- Office of the Chief General Manager, Operation, R.R.Zone, SPDC of Telangana Limited, H.No.6-1-50, Mint Compound, Greater Hyderabad-500 063, T.S. Rep.by its Chief General Manager.
…OPPOSITE PARTIES.
This complaint coming on before us for final hearing, in the presence of Sri G.Prakash, Advocate for the Complainant, and Sri D.Shashidhar, Advocate for the Opposite Parties No.1 to 3, and on perusing the material papers on record, and having stood over for consideration till this day, the Commission passed the following:
ORDER OF THE DISTRICT COMMISSION DELIVERED
BY SRI MAMIDI CHRISTOPHER, PRESIDENT
1. The Complainant filed this complaint Under Section 12 of Consumer Protection Act, 1986 to direct the Opposite Parties to pay estimated cost of the ox Rs.35,000/- with interest @ 24% per annum from 17/11/2017 till realization, Rs.1,00,000/- towards pain and monetary loss.
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2. The facts leading to the filing of this complaint are as follows:
The Complainant is an agriculturist cultivating Ac.10 gts., of land for livelihood. He purchased one pair of cattle on 29/04/2011 for Rs.75,000/- from one Bommaraboni Venkataiah of Vudathalapally Village in the cattle market, Chandur Mandal. On 16/11/2011 the Complainant tied his cattle in the shed, unfortunately at 12:00 hours midnight the cattle died due to electric shock. It was found that the damaged electricity service wire fell on Complainant’s ox which were tied infront of his house and it died due to electric shock. The incident was due to illegal electric supply taken by the neighbour Empala Sriramulu S/o Yellaiah to his house. The Complainant informed the Electricity Department, i.e. Opposite Parties and also gave Police complaint, who registered a criminal case and the same is pending for trial. The incident occurred due to the negligence of the employees of the Opposite Parties No.1 to 3. The Electricity of Nampally Sub-Station and V.R.O. took the photographs and complaint from the Complainant and sent the ox to Veterinary Hospital for Post Mortem. The Post Mortem Report disclosed that the ox died due to electric shock and the same was informed to A.E., Gurrampode and A.D.E., Nampally, D.E., Kondamallepally. The Mandal Revenue authorities estimated the cost of ox as Rs.35,000/- towards exgratia, but as per the opinion of the Veterinary Doctor, the present value is at the rate of Rs.50,000/-. The Complainant contended that due to the negligence of Opposite Parties Department by giving unauthorized connection to Empala Sriramulu S/o Yellaiah, Theratigudem Village, Gurrampode Mandal, caused damaged to the livelihood of the Complainant on the death of the Complainant’s ox due to electric shock.
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3. The Opposite Parties No.1 to 3 taking all the concerned original documents from the Complainant, without considering the estimation given by the Veterinary Doctor opinion and Certificate of Tahasildar of Gurrampode, Opposite Party No.1 paid only Rs.3,000/- to the Complainant on 25/03/2015 towards compensation of the lost cattle. The Complainant approached Opposite Party No.2 and found abstract dated 16/03/2016 which disclosed that cattle accidents resolution passed, dated 24/10/2014 by the Board of T.S.S.P.D.C.L., i.e. Opposite Party No.3 enhanced the quantum of exgratia, but all the Opposite Parties have not followed as per the columns of all abstracts before dated 25/03/2015 to be paid to the Complainant. The Complainant contended that he lost his animal due to electrocution, as such he has right to get the compensation accordingly. The Complainant got issued legal notice to the Opposite Parties No.1 to 3 by Registered Post on 01/08/2017 and the same was served on them, but there was no response from them. As such, there is negligence and deficiency in service on the part of the Opposite Parties No.1 to 3.
4. The Complainant filed I.A.No.41/2017 in S.R.No.291/2017 for condonation of delay of 176 days. As there was no representation of Opposite Parties, heard the Complainant and the petition was dismissed on 09/02/2018. The Complainant preferred R.P.No.07/2018 before the Hon’ble Telangana State Consumer Redressal Commission on 09/11/2018 and the Hon’ble State Commission was pleased to condone the delay of 176 days and directed this Forum to register the complaint against the Opposite Parties No.1 to 3 on payment of cost of Rs.100/- to the Respondents.
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5. The Opposite Party No.2 filed written version and the same was adopted by Opposite Parties No.1 and 3. The Opposite Party No.2 denied all the allegations of the complaint and stated that non-departmental electrical accident occurred on the ox belonging to the Complainant on 16/11/2011 at 24:00 hours. The accident occurred due to snapping of LT Service Wire on the ox due to heavy gale and wind on the night of 16/11/2011. The LT Service Wire feeding power supply to the house of Sri Empala Sriramulu S/o Yellaiah, R/o Theratigudem H/o Chepur Village, Gurrampode Mandal besides the house of the Complainant. This incident occurred accidentally due to the snapping of LT service wire on the casualty with natural calamity of weather condition and not because of negligence of the employees of the Opposite Parties. Therefore, there is no negligence on the part of the employees in not maintaining the electric wires in proper manner. The Opposite Party No.2 further contended that accident occurred not due to negligence manner of the Opposite Parties of Electricity Department by giving unauthorized connection to Sri Empala Sriramulu. The Electricity Department officials booked a case of theft of energy by Empala Sriramulu, vide case No.NLG/DVK/NMPL/ 789/11 on 21/11/2011 by then A.A.E./OP/Gurrampode for theft of energy for an amount of Rs.961/-. The Opposite Party No.2 further contended that the submission of documents for sanctioning of exgratia by the Complainant was delayed and submitted to the office on 29/04/2014, immediately the documents were submitted to DE/OP/Devarkonda on 29/12/2014 and in turn submitted to SE/OP/Nalgonda on 29/12/2014. The documents were submitted to C.G.M. Office from SE/OP/Nalgonda on 12/01/2015. The exgratia was sanctioned on 29/01/2015. After sanctioning of the exgratia for an amount of Rs.3,000/- which was paid
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on 25/03/2017. The exgratia was sanctioned according to the rates prescribed in the financial year 2011-2012 by the Department. The abstract, dated 16/03/2016 was applicable to those who died on or after 01/01/2016, but in the present case the accident occurred on 16/11/2011. The payment of compensation of Rs.3,000/- was made on 25/03/2015 as per the norms of the Department and legal notice was sent on 01/08/2017 after a gap of 2 ½ years. The Complainant is not entitled for any compensation of Rs.1,00,000/- and the complaint is liable to be dismissed.
6. The Complainant filed his proof affidavit and marked Exs.A-1 to A-17. The Opposite Party No.2 filed his proof affidavit and marked Exs.B-1 and B-2. Written arguments were also filed by the Opposite Parties.
7. The points for consideration are:
1) Whether there was deficiency in service on the part of the
Opposite Parties No.1 to 3?
2) Whether the Complainant is entitled for the claims
as prayed for?
3) If so, to what extent?
8. POINT No.1:
The Complainant is an agriculturist cultivating 10 acres of land for livelihood. He purchased one pair of cattle on 29/04/2011 for Rs.75,000/- from one Bommaraboni Venkataiah of Vudathalapally Village in the cattle market, Chandur Mandal. Ex.A-1 is the cattle purchased receipt. On 16/11/2011 the Complainant tied his cattle in the shed, unfortunately at 12:00 hours midnight the cattle died due to electric shock. Ex.A-2 are the photographs of the dead ox. It was found that the electricity service wire fell on his ox which were tied infront of his house. The Complainant informed the Electricity
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Department, i.e. Opposite Parties and also gave Police complaint, who registered a criminal case and the same is pending for trial. Ex.A-3 is the F.I.R., Inquest, Chargesheet and Panchanama letter issued by S.I. and letter given by the Complainant to the Opposite Parties. Ex.A-4 is the Ration Card and Ex.A-5 is the Loan Eligibility Card. The Post Mortem Report disclosed that the ox died due to electric shock and the same was informed to A.E., Gurrampode and A.D.E., Nampally, D.E., Kondamallepally. The Mandal Revenue authorities estimated the cost of ox as Rs.35,000/- vide Ex.A-6 towards exgratia, and also as per the opinion of the Veterinary Doctor, the value is at the rate of Rs.35,000/- as per Ex.A-8. Ex.A-6 is the Certificate given by Tahasildar, Gurrampode. Ex.A-7 is the Cattle Panchanama given by Veterinary Doctor, Gurrampode. Ex.A-8 is the letter of Veterinary Medical Officer. Ex.A-9 is the letter issued by Divisional Engineer, Electrical, Devarakonda to S.E. Ex.A-10 is the letter of Asst.Divisional Engineer, Nampally along with Preliminary Report of Cattle Animal Accident. Ex.A-11 is the letter of S.E., Nalgonda, Ex.A-12 is the letter of S.E. to D.E. for sanctioning exgratia. Ex.A-13 is the Hand Receipt. Ex.A-14 is the Abstract copy. The Complainant contended that due to the negligence of Opposite Parties Department by giving unauthorized connection to Empala Sriramulu S/o Yellaiah, Theratigudem Village, Gurrampode Mandal, caused damaged to the livelihood of the Complainant.
9. The Opposite Parties No.1 to 3 taking all the concerned original documents from the Complainant, without considering the estimation given by the Veterinary Doctor opinion and Certificate of Tahasildar of Gurrampode, Opposite Party No.1 paid only Rs.3,000/- to the
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Complainant on 25/03/2015 towards compensation of the lost cattle. The Complainant approached Opposite Party No.2 and found abstract dated 16/03/2016 which disclosed that cattle accidents resolution passed, dated 24/10/2014 by the Board of T.S.S.P.D.C.L., i.e. Opposite Party No.3 to enhance the quantum of exgratia, but all the Opposite Parties have not followed as per the columns of all abstracts before dated 25/03/2015 to be paid to the Complainant. The Complainant contended that he lost his animal due to electrocution, as such he has right to get the compensation accordingly. The Complainant got issued legal notice Ex.A-15 to the Opposite Parties No.1 to 3 by Registered Post on 01/08/2017 and the same was served on them, but there was no response from them. Exs.A-16 and A-17 are postal receipts and acknowledgements.
10. The Opposite Parties contended that non-departmental electrical accident occurred to the ox of the Complainant on 16/11/2011 at 24:00 hours. The accident occurred due to snapping of LT Service Wire on the ox due to heavy gale and wind on the night of 16/11/2011. The LT Service Wire feeding power supply to the house of Sri Empala Sriramulu S/o Yellaiah, R/o Theratigudem H/o Chepur Village, Gurrampode Mandal besides the house of the Complainant. The Opposite Party No.2 after receiving the documents sanctioned exgratia to the Complainant’s ox and there was delay in submission of exgratia to the office on 29/04/2014, immediately the documents were submitted to DE/OP/Devarkonda on 29/12/2014 and in turn submitted to SE/OP/Nalgonda on 29/12/2014. The documents were submitted to C.G.M. Office from SE/OP/Nalgonda on 12/01/2015. The exgratia was sanctioned on 29/01/2015. After sanctioning of the exgratia for an
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amount of Rs.3,000/- which was paid on 25/03/2017. The Opposite Parties sanctioned according to the rates prescribed in the financial year 2011-2012 by the Department, but the Opposite Parties have not filed any abstract pertaining to the year 2011-2012 as admitted there was delay in sanctioning the exgratia to the Complainant’s ox. The Opposite Parties have not given the exgratia with interest for the delay of more than 5 years. The Complainant was made to suffer due to the loss of his ox due to electrocution on account of negligence on the part of the employees of the Opposite Parties due to the snapping of LT service wire. The Opposite Parties have not filed any proof that the LT service wire was s napped due to natural calamity, heavy gale and wind. Ex.B-1 is the letter of sanction of exgratia to the deceased animal and Ex.B-2 is the hand receipt.
11. The Complainant is an agriculturist and eking his livelihood on the agriculture and purchased one pair of cattle for his agriculture work. Due to snapping of LT service wire of the Opposite Parties which fell on one of the ox of the Complainant, which caused electrocution to the ox. Exs.A-5 to A-8 prove that the ox died due to electrocution and the value of the deceased ox given by the Tahasildar and Veterinary Doctor as per Exs.A-6 and A-8 is Rs.35,000/-. In spite of the valuation given by the Tahasildar and Veterinary Doctor, the Opposite Parties have not considered and have only given exgratia for Rs.3,000/- which is very meager to the loss sustained by the Complainant. Therefore, there is deficiency in service on the part of Opposite Parties for paying only Rs.3,000/- to the deceased ox, therefore there was negligence on the part of the Opposite Parties No.1 to 3.
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12. POINT Nos.2 & 3:
In view of the above facts and circumstances and in the light of the findings under Point No.1, the Complainant is entitled for compensation on account of death of his ox due to electrocution and as such the complaint is fit to be allowed by directing the Opposite Parties No.1 to 3 to pay a sum of Rs.35,000/- towards cost of the deceased ox, a sum of Rs.20,000/- towards deficiency of services and Rs.3,000/- towards costs.
In the result, the complaint is allowed in part, directing the Opposite Parties No.1 to 3 to pay to the Complainant, a sum of Rs.35,000/- (Rupees Thirty Five Thousand only) towards the value of the ox with interest @ 9% p.a. from the date of filing of the complaint till realization, a sum of Rs.20,000/- (Rupees Twenty Thousand only) towards deficiency of services, monetary loss and mental agony and a sum of Rs.3,000/- (Rupees Two thousand only) towards costs, within forty five days from the date of receipt of this order.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Commission on this 31st day of March, 2021.
FEMALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Parties:
Affidavit of the Complainant. Affidavit of Opposite Party No.2.
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EXHIBITS MARKED
For Complainant:
Ex.A-1 Dt.29/04/2011 Xerox copy of Cattle Purchase Receipt.
Ex.A-2: Photographs of the died cattle, i.e. Ox.
Ex.A-3 Dt.18/11/2011 Certified copies of F.I.R., Scene of offence
Panchanama, Panchanama Letter issued by
Veterinary Officer, Gurrampode, Chargesheet,
along with Xerox copy of complaint given by
Complainant to AE, APSEB, Gurrampode.
Ex.A-4 Xerox copy of Ration Card.
Ex.A-5 Dt.01/06/2011 Xerox copy of Loan Eligibility Card.
Ex.A-6 Dt.25/11/2011 Certificate issued by Tahasildar, Gurrampode.
Ex.A-7 Dt.18/11/2011 Xerox copy of Cattle Death Panchanama,
issued by Veterinary Officer, Gurrampode.
Ex.A-8 Dt.06/12/2011 Xerox copy of letter issued by Veterinary
Officer, Gurrampode regarding cost of the
Cattle.
Ex.A-9 Dt.29/12/2014 Xerox copy of letter issued by Opp.Party No.1
to the Opposite Party No.2.
Ex.A-10 Dt.29/12/2014 Xerox copy of letter issued by Asst. D.E.,
TSSPDCL, Nampally to the Opp.Party No.1
Along with Proforma for Preliminary Report
of Electrical Accident.
Ex.A-11 Dt.13/01/2015 Xerox copy of letter issued by Opposite Party
No.2 to the Opposite Party No.3.
Ex.A-12 Dt.29/01/2015 Xerox copy of letter issued by Opposite Party
No.3 to the Opposite Parties No.1 and 2
regarding Sanctioning of Exgratia.
Ex.A-13 Dt.25/03/2015 Xerox copy of Hand Receipt.
Ex.A-14 Dt.16/03/2016 Xerox copy of Abstract.
Ex.A-15 Dt.01/08/2017 O/c of Legal Notice issued by counsel for
Complainant to the Opposite Parties.
Ex.A-16 Dt.01/08/2017 Postal Receipts (3 Nos.).
Ex.A-17 Postal Acknowledgements ( 3 Nos.).
For Opposite Parties:
Ex.B-1 Dt.29/01/2015 Attested copy of Exgratia Sanction Letter,
issued by Opposite Party No.3.
Ex.B-2 Dt.25/03/2015 Attested copy of Hand Receipt.
PRESIDENT
DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION,
NALGONDA
