Before the District Consumer Disputes Redressal Forum, Nuh (Mewat).
Complaint No. : 06/2018.
Instituted on : 01.05.2018.
Decided on : 11.06.2019.
Baldev Raj, aged 62 years, son of Late Shri Madan Lal, Resident of Village Pinangwa, Tehsil Punhana, District Nuh.
………..Complainant.
Vs.
S.D.O. Dakshin Haryana Bijli Vitran Nigam, Limited, Sub Division Nigam, Nuh.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.RAJBIR SINGH DAHIYA, PRESIDENT.
MS. URMIL BENIWAL, MEMBER.
Present: Sh. Ajay Mittal, counsel for the complainant.
Respondent exparte vide order dated 23.04.2019.
ORDER
RAJBIR SINGH DAHIYA, PRESIDENT:
1. Brief facts of the complaint that the complainant is a consumer of respondent and having Electricity connection bearing A/c No. PC-388, in the shop under the name and style of M/s Deepak Electricals, situated at village Pinangwan, Tehsil Punhana District Nuh. The complainant alongwith his namely Jitender @ Deepak is running the said shop.
That on 27.02.2018 at about 8:00 P.M., the complainant his son went to their house after closing the shop properly. On 28.02.2018 at about 5:30 A.M., the neighbourer of the shop of complainant informed them that there was fire in the shop of the complainant. On receiving the said information, the complainant’s son Jitender @ Deepak rushed to the shop and saw that in the ground floor and first floor of the shop of the complainant, there was a heavy fire. Jitender @ Deepaktelephoned to Fire Brigade Centre Punhana District Nuh and after 20-25 minutes, the fire brigade machine reached the spot and controlled the fire but till then whole articles in the shop were burnt in the said fire and the complainant suffered a loss of Rs. 15,00,000/- due to the said fire in the shop.
That when the reasons of fire were traced, it was found that the short-circuit was occurred in the wires/cables which were meant for other shops and house from the pole installed by the respondent near the shop of complainant. the cables were hanging near the first floor of the complainant touching the shop of the complainant.
That complainant and his son made several complaint to the office of respondent for managing the hanging electric cables near the shop at complainant but no heed was paid by the respondent to the request of the complainant and thus the said fire in the shop of complainant was occurred due to sole negligency of the respondent.
That Jitender son of complainant had informed the police, fire brigade station, Punhana as well as respondent on the very same day about the alleged incident. The police registered a DD vide DD no. 19 dated 05.03.2018 in this regard. The Jitender also moved an application before Tehsildar Punhana on 07.03.2018 for economic help and Tehsildar has assessed the loss of articles as Rs. 13,45,725/- on the basis of report made by Patwari and Girdawar. Besides theabove said loss, there was also a loss ofabout Rs. 3,00,000/- for furniture, furnishing and building repair etc. The complainant alongwith his son approached respondent with a request to compensate the complainant for their negligence but the respondent did not accede the request of the complainant. thereafter, the son of complainant moved an application to X.E.N, DHBBVN, Nuh for taking action and also to compensate the complainant for his loss suffered due to fire caused by the negligence of respondent, but no action was take. Hence, this complaint and complainant has prayed that respondent be directed to pay Rs. 20,00,000/- alongwith interest @ 24% per annum.
2. After registration of complaint, notice was issued to respondent. Respondent had appeared but did not file the reply and he was proceeded against exparte vide order dated 23.04.2019.
3. Complainant has tendered affidavit Ex.PW1/A and documents Ex. P1 to Ex. P8 and Annexure P9 to P11 and closed the evidence on 11.06.2019.
4. Arguments heard and filed perused.
5.
Announced on: 11.06.2019 (Rajbir Singh Dahiya)
President
District Consumer Disputes
Redressal Forum, Nuh (Mewat).
(Urmil Beniwal)
Member
District Consumer Disputes
Redressal Forum, Nuh (Mewat).