District Consumer Disputes Redressal Forum, Tarn Taran.

C.C. No. No                   : 05 of 2015

Date of Institution  : 19.01.2015

Date of Decision    : 27.05.2015

Jasbir Singh son of Ajaib Singh resident of village Manan, Tehsil and District Tarn Taran (aged 60 years).

                                                                   …Complainant

Versus

1. Punjab State Power Corporation Ltd. through the S.D.O, Chabal Sub Division, District Tarn Taran,
2. Harpal Singh J.E. posted in the control room of Chabal Sub Division, PSPC Ltd. District Tarn Taran.

…Opposite Parties

Complaint Under Section 11 & 12 of Consumer Protection Act, 1986.

For the Complainant            :     Ms Kirpal Kaur, Advocate

For Opposite Parties          :      Sh. K.M. Gupta, Advocate

Quorum:               Sh. S.K. Goel, President.

Sh. R.D. Sharma, Member.

Smt.Jaswinder Kaur, Member

Order dictated by Sh. S.K.Goel, President

1. Sh. Jasbir Singh son of Sh. Ajaib Singh, complainant has filed the present complaint under Section 11 and 12 of the Consumer Protection Act (for short ‘the Act’) against Punjab State Power Corporation Ltd. through the S.D.O, Chabal Sub Division, District Tarn Taran (for short ‘the opposite party No.1’) and Harpal Singh J.E. posted in the control room of Chabal Sub Division, PSPC Ltd. , District Tarn Taran and (for short ‘the opposite party No.2’)
2. Facts emerging from the present complaint are that the complainant is an agriculturist and is doing the business of milk dairy for earning his livelihood. He has also kept bull cart for taking fodder for his cows and bull. On 9.5.2014 at 5/5.30 A.M. he was returning to his house from his fields, he noticed sudden electric sparking from the transformer of the opposite party outside his residence near Kacha Path and found the electric current underneath the land and further noticed that his four cows and one bull died on the spot due to electrocution. Then he alongwith his family members and near by residents raised noise. Some one made telephonic call to the office of electricity department and electricity was switched off. Thereafter the complainant lodged a report bearing report No. 28 dated 9.5.2014 Police Station Chabal under Section 427 I.P.C. News to this effect was also published in Daily Ajit Jalandhar newspaper on 10.5.2014. The Veterinary officer Civil Veterinary Hospital Chabhal District Tarn Taran conducted the postmortem of the dead body of the said animals and the approximate price of the dead animals is mentioned to the tune of Rs. 25,000/-, 40,000/-, 45,000/-, 40, 000/- and 45,000/- respectively. But now the price of the cows and bull has increased in the market to the tune of at-least Rs. 2.5 Lacs or more.
3. The complainant has further alleged that his cows and bull died due to electrocution as occurred due to negligence and carelessness on the part of the opposite party No. 2. This has caused a huge financial loss. Even the complainant submitted application to the Deputy Commissioner Tarn Taran with the copies thereof to the Human Rights Commission, XEN, PSPCL, Tarn Taran, Chairman, PSPCL, Patiala, Chief S.E, PSPCL, Patiala, SHO, P.S. Chabal and S.E. PSPCL Tarn Taran with the request to pay compensation. It is further alleged that infact there was defect in the electricity from the control room and despite intimation about the said incident by the villagers to the opposite party No. 2, electricity supply remained continued and electric wires in 10 acres of land had also fallen down on the ground due to which there were chances of more loss of life and property of the persons residing in village as well as to the other animals. It is also alleged that taking notice of the complaint of the complainant, the authorities of the Punjab State Human Rights Commission, Chandigarh vide complaint NO. 5101/19/2014, had passed order for disposal of the said complaint by the secretary, PSPCL, Patiala at his own and in accordance with law. However no action was taken by the opposite parties. Hence, the present complaint is filed directing the opposite parties to pay Rs. 2.5 Lacs being price of 4 cows and bull and opposite parties be directed to further pay compensation of Rs. 1,00,000/- for suffering mental pain, agony, harassment and further Rs. 2,00,000/- be given as loss to earning and another Rs. 20,000/- as costs of proceedings.
4. Upon notice, the opposite parties appeared and filed written version taking preliminary objections that the complainant is having commercial business, therefore the complaint is liable to be dismissed  and secondly the present complaint involves complicated questions of facts and law and detailed oral as well as documentary evidence is required, therefore the complainant is required to approach the civil court by filing the civil suit. On merits, they have denied any sparking in the transformer or wires from above the Jumper and the electric current in the earth wire. They have also denied the death of 4 cows and one bull due to electrocution. It is further pleaded that the supply to the tubewell of the area was given from the feeder known as 11 K.V. Baba Sidhana. The supply on this feeder was shut down on 9.5.2014 from 1 A.M. to 5.35 A.M and supply was given from 5.30 A.M. to 8.00 A.M. onwards. The supply was again shut down and it is clear from the copy of log sheet maintained for all feeders getting supply from the Chabal Sub Station. It is further pleaded that the allegation of electrocution is simply to extract undue amount from the opposite parties as they have no fault. They have also denied any negligence and carelessness on their part and they are not liable to pay any compensation. They have also denied any defect for supply of the electricity from the control room. Even no complaint in this respect was ever submitted by anyone getting supply from the said feeder. They have also denied the other allegations of the complainant and finally prayed for dismissal of the complaint.
5. In order to prove his case, the complainant has tendered in to evidence his affidavit Ex. C.1 alongwith documents Ex. C.2 to C.14 and closed the evidence.
6. To rebut the case of the complainant, the opposite parties tendered in to evidence affidavit of Vijay Kapoor S.D.O Ex. OP1 & 2/1 alongwith documents Ex. OP 1 & 2/2 and Ex. OP 1 & 2/3 and closed the evidence.
7. We have gone through the record and heard the Ld. Counsel for the parties.
8. The main question is to be determined whether the four cows and one bull of the complainant died due to electrocution and negligence of the opposite parties. In order to prove his case, the complainant in his detailed affidavit Ex. C.1 stated the same version as mentioned in the complaint. In Para No. 4 of the ibid affidavit, he has specifically mentioned sudden death of his four cows and bull due to electrocution on account of negligence, carelessness on the part of official of the opposite party and he has also suffered huge financial loss. To support further his case, the complainant has placed on record application Ex. C.4 addressed to S.H.O P.S. Chabal regarding the death of four cows and one bull due to electrocution. On this application, D.D.R No.  28 dated 9.5.2014 at Police Station Chabal was recorded. Apart from this, the complainant has given an application Ex. C.5 to Deputy Commissioner Tarn Taran  regarding negligence of the opposite parties. Reports Ex. C.6 further show that the Patwari on the same date i.e. 9.5.2014 visited the spot and reported that at about 5.30 A.M. four cows and one bull died at the spot due to fall of 11000 K.V.A wire from the transformer. This report was further submitted to higher authorities and is bearing the signatures of Kanogo, Niab Tehsildar Chabal Kalan, Sub Divisional Magistrate Tarn Taran.  Report Ex. C.7 duly signed by the revenue officer further shows that four cows and one bull of the complainant died on 9.5.2014 due to electrocution. Ex. C.8 is letter written by Deputy Director Animal Husbandry Department Tarn Taran to S.H.O. Chabal regarding sending of post mortem report of dead animals. Ex. C.9 to C.13 are post mortem reports of the above said five animals. All the above reports show that the animal died due to electrocution. Ex. C.14 is Order of the Punjab State Human Rights Commission, Chandigarh in the complaint Number 5101/19/2014 wherein they ordered to send the copy of order alongwith copy of complaint to secretary Punjab State Power Com. Ltd. Patiala for disposal at their own end in accordance with law.
9. Perusal of the ibid evidence proves that four cows and one bull belonging to the complainant died due to electrocution. Even despite the order by the Hon’ble Punjab State Human Rights Commission, Chandigarh, the opposite parties failed to dispose of the complaint of the complainant regarding allegations of negligence of the opposite parties. Moreover the opposite parties have failed to place on record any affidavit of the concerned official who maintained the control room register Ex. O.Ps 1, 2/2 and log sheet Ex. O.Ps.1, 2/3 to prove that electric supply was switched off during the period of incident.  
10. Reliance has been placed on 1(2015) CPJ 195 (NC) A.P. Transco & Ors. Vs Bhimeswara Swamy and Ors. wherein the Hon’ble National Commission held that death of 39 years old lady was due to electrocution and it was observed that non maintaining of high tension power transmission wires was deficiency in service. It was further observed that due to duty casts on opposite parties to check wires every now and then. It was also observed that negligence, inaction and passivity on part of the opposite parties. In Karnataka Power Transmission Corporation Ltd. & Anr. Vs Smt. Sharavva & Ors. III(2002) CPJ 269 (NC), it was held by the Hon’ble National Commission that there is a deficiency in service in laying power lines, loose, hung very low, precariously connected to poles on either side. Death due to electrocution. Therefore, electricity Board liable to pay compensation with interest.  Reliance is also placed on OP 253 of 2012 in Munesh Devi Vs U.P. Power Corporation Ltd. & Ors. decided on 3.2.2014 by the Hon’ble National Commission and it was held that death of husband of the complainant was caused due to the transformer installed and maintained by the opposite parties and the Hon’ble National Commission awarded compensation to the tune of Rs. 37,00,000/- alongwith interest.  
11. Keeping in view the citations as referred to above and overwhelming evidence adduced by the complainant we are of the opinion that cows and bull in question died due to electrocution and negligence of the opposite parties.
12. Now coming to the price of the animals in question, the complainant has relied upon the post mortem reports Ex. C.9 to C.13 , wherein the price of the animals is mentioned as Rs. 25,000/-, Rs. 40,000/-, Rs. 45,000/-, Rs. 40,000/- and Rs. 45,000/- respectively. Apart from this, the complainant has not placed on record any purchase voucher or any market valuation report or led any evidence to prove the exact price of the animals in question. It is pertinent to mention here that the Veterinary Doctor who conduced the Post Mortem can give his opinion regarding the causes of death and status of health. But by stretch of any imagination he is not competent to access the price of the animal. Hence the price quoted by the Veterinary Doctor in the Post mortem report cannot be considered as real price of the animals in question. In the absence of any cogent evidence regarding the price of the said animals we are of the opinion that ends of justice shall meet if we assess the market value of the animals in question to the tune of Rs. 25,000 x 5 = Rs. 1,25,000/- .
13. As a result of above discussion the complaint is accepted to the extent that the complainant is entitled to Rs. 1,25,000/-  from the opposite parties. The complainant is also entitled to interest at the rate of 8% from the date of filing the complaint. The complainant is also entitled to litigation expenses to the tune of Rs. 1,100/- from the opposite parties. Copy of order be supplied to the parties free of costs as per rule. File be consigned to record room.

Announced in open Forum                               

Dated 27.5.2015.                                            President

   Member             Member