Karnataka

Kolar

CC/38/2016

Sri.Srinivas - Complainant(s)

Versus

Ramesha - Opp.Party(s)

Sri.S.B.Fakeereesh

28 Mar 2017

ORDER

Date of Filing: 07/06/2016

Date of Order: 28/03/2017

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 28^th DAY OF MARCH 2017

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

SMT. A.C. LALITHA, BAL., LLB           ……  LADY MEMBER

 

CONSUMER COMPLAINT NO :: 38 OF 2016

Sri. Srinivas,

S/o. Venkataswamy,

Aged About 48 Years,

R/at: Kugitaganahalli

Village, Tekal Hobli,

Malur Taluk, Kolar District.                        ….  COMPLAINANT.

(Rep. by Sriyuth. F.B. Fakeereesh, Advocate)

 

- V/s -

(1) Ramesha,

S/o. Pillappa,

Aged About 55 Years,

R/at: Kugitaganahalli

Village, Tekal Hobli,

Malur Taluk, Kolar District.

(Rep. by Sriyuth. C.N. Basavarajappa, Advocate)

 

(2) Venkateshappa,

S/o.Munishamappa,

Aged About 60 Years,

Myke set owner,

R/at: Hunasikote Village,

Tekal Hobli, Malur Taluk.

(Rep. by Sriyuth. L. Srinivasa, Advocate)

 

(3) Gopal,

S/o. Munivenkatappa,

Aged About 40 Years,

The Chief Officer,

BESCOM, Tekal Branch,

Malur Taluk.

(Rep. by Sriyuth. L. Srinivasa, Advocate)           …. OPPOSITE PARTIES.

-: ORDER:-

 

BY SMT. A.C. LALITHA, LADY MEMBER

01.   The complainant having submitted this complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter in short, it is referred as “the Act”) against Ops has sought issuance of directions to pay compensation of Rs.10,00,000/- along with interest towards death of his daughter Lakshmi, who died due to electric short circuit.

 

02.   The facts in brief:-

(a)    It is contention of the complainant that, he is the father of deceased girl child Lakshmi, aged about 09 years, on 28.06.2014 there was an homa and other pooja functions held on the occasion of newly constructed temple in his village.  There was an arrangement of serial set decoration in all the streets of his village.  Due to electric short circuit the serial set was touched to Iron rod which was fixed as support to the pendal.  At that time his daughter Lakshmi was touched the iron rod, due to electric shock, the said child was died.

 

(b)    It is further contended that, this incident was happened due to negligence of OP Nos.1 & 2 in fixing of the serial set and pendal.  And by giving permission to fix the said serial set being chief executive officer OP No.3 was rendered negligence and deficient in service.  Criminal case against these Ops is pending before the Principal Civil Judge and JMFC, Kolar, for the offence made punishable Under Section 304(A) of IPC and section 135 of Indian Electricity Act (Amended) 2003.  So contending the complainant has come up with this complaint on hand to seek the above set out reliefs.

 

03.   Along with complaint the complainant has submitted below mentioned documents:-

(i) Certified copy of FIR

(ii) Certified copy of complaint

(iv) Certified copy of P.M. Report

(v) Certified copy of statement of witnesses.

 

04.   In response to the notices issued with regard to the case on hand OP No.1 to 3 have put in their appearance through their said learned counsel and filed written version respectively.

 

05.   OP Nos.1 to 3 by denying all averments of the complaint, specifically contends that, the allegations made by the complainant are not come within the jurisdiction of this Hon’ble Forum as per the provisions of the Consumer Protection Act, 1986.  Thus prayed for dismissal, cost has been sought.

 

06.   No documents have been filed by the OP Nos.1 to 3.

 

07.   The complainant has submitted his affidavit evidence and OP No.1 has submitted his affidavit evidence and OP No.2 has submitted his affidavit evidence sworn on behalf of OP No.3 also.

 

08.   The complainant submitted written arguments OP Nos.2 and 3 submitted written arguments and OP No.1 filed memo by adopting the written arguments of OP Nos.2 and 3.

 

09.   Heard the oral arguments as advanced by the learned counsel appearing for all the parties.

 

10.   Therefore the only point that does arise for our consideration in this case is:-

“Whether this Forum has jurisdiction to entertain the complaint?”

11.   Finding of this District Forum on the above said point is in the “Negative” for the following:-

 

REASONS

12.   It is contention of the complainant that, his daughter deceased Lakshmi was died due to short circuit occurred in serial set which was arranged by OP Nos.1 & 2 at his village, by giving permission.  OP No.3 is liable to the death of his child.  It clearly shows that, the death of the said child is accidental one.

 

13.   It is worth to note Section 2(1)(d) of the Consumer Protection Act, 1986 reads thus:-

“Consumer” means any person who buys any goods for a consideration which has been paid or promised or partly paid or any services for a consideration which has been paid or promised or partly paid or promised”.

Here in the present case there is no relationship of “Consumer” and “service Provider” relating to this dispute according to above aforesaid provision of Consumer Protection Act, 1986.  And thus this dispute does not constitute as an “Consumer Dispute”.  So it does not come within the jurisdiction of this Forum.  Hence we are of the definite opinion that, the complaint is not maintainable for lack of jurisdiction.

 

14.   Hence for the reasons stated above, we are to hold that, this Forum has no jurisdiction to entertain the complaint on hand.  As this forum lacks preliminary issue jurisdiction with regard to this dispute, we have not discussed about the other aspects involved in this case.  Option is kept for complainant to approach any jurisdictional competent Court of Law.  Hence we proceed to pass the following:-

 

ORDER

01.   For foregoing reasons this complaint stands dismissed with a direction to all the parties to bear their own costs.

02.   Option is kept open for a complainant to approach competent jurisdictional court of law to seek remedy as he sought.

03.   Send a copy of this order to both parties free of costs.

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 28^th DAY OF MARCH 2017)

 

 

 

 

LADY MEMBER                                            PRESIDENT