Haryana

Yamunanagar

CC/71/2015

Jagmal Singh S/o Jarnail Singh - Complainant(s)

Versus

S.D.O.UHBVN Ltd. - Opp.Party(s)

M.S.Chauhan

27 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                          Complaint No. 71 of 2015

                                                                                          Date of institution: 03.03.2015           

                                                                                          Date of decision: 27.12.2016

Jagmal Singh aged about 60 years son of Shri Jarnail Singh, caste Kashyap Rajput, resident of village Mado Heldhri, Tehsil Chhachhrauli, District Yamuna Nagar.

…Complainant.

                                    Versus

SDO UHBVN, Limited Jagadhri, Tehsil Jagadhri, District Yamuna Nagar.

 

 

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                          SH. S.C.SHARMA………………………….MEMBER.

 

Present:           Complainant in person with Shri M.S. Chauhan, Advocate.

                         Shri Zile Singh, Advocate for OP.

 

ORDER  (ASHOK KUMAR GARG President)

 

 

1.                       The present complaint has been filed under section 12 of the Consumer Protection Act 1986.

2.                Brief facts as alleged in the complaint are that complainant is a poor person and living in village Mado Haldhri, Tehsil Chhachhrauli, District Yamuna Nagar and the electric wires of respondent Nigam (hereinafter referred as OP Nigam) were passing over the Jhopri/House in which the complainant is residing with his animals. Unfortunately, on 15.01.2014, due to heaving sparking in the electric wires passing over the residential house of the complainant one cow and one calf (Bachhri) were badly burnt in the Jhopri / Chhan by fire and the other household articles and goods lying in the house of the complainant were also burnt. The animals burnt in the fire were medically examined by the Government Veterinary Surgeon, Devdhar (Yamuna Nagar) on the same date i.e. on 16.01.2014 vide Postmortem reports bearing No.25/002154 and 24/002154 dated 16.01.2014(Annexure C-3 & C-4). The complainant also lodged a DDR in Police Station Buria (Annexure C-2) and matter was investigated by the Balbir Singh, ASI, PS Buria. After that complainant moved an application to the OP Nigam Jagadhri alongwith signature of the some villagers and Numberdar of the village. The complainant also moved an application to the Deputy Commissioner, Yamuna Nagar  which was lateron forwarded to the Sub Divisional Magistrate (SDM) Bilaspur with the endorsement bearing No.3286 dated 24.12.2014. The said occurrence had taken place due to sparking of electric wires passing over the house of the complainant for which the OP Nigam is full responsible and liable to pay the compensation. Complainant has requested so many times to the OP Nigam but OP Nigam kept on lingering the matter on one pretext or the other. Hence, there is deficiency in service on the part of the OP Nigam and lastly prayed for directing the OP Nigam to pay Rs.3,00,000/-  on account of burning of his animals and also pay compensation for harassment etc. as well as litigation expenses.

3.                     Upon notice, OP Nigam appeared and filed its written statement by taking some preliminary objections such as : this Forum has no jurisdiction to try, hear and decide the present case; there is no relation of consumer and service provider between the parties; Complainant is bad for mis joinder and non joinder of necessary parties; complaint of the complainant is not maintainable as the complainant has no cause of action against OP; complainant has no locus standi to file the present complaint; complainant has not come to this Forum  with clean hands and has concealed the true and material facts from this Forum.

              On merit, it has been admitted that electricity wires of the OP Nigam were passing over the premises/Jhopari of the complainant. However, it is denied that due to heavy sparking in the electricity wires passing over Jhopri one cow and one bachri were deadly burnt and other articles were also burnt as alleged in the complaint. It has been further mentioned that complainant has not lodged any complaint regarding sparking in the electricity wires on or before 15.01.2014 with the OP Nigam. Not only this, the site was investigated by Shri Abhey Raj Singh JE-F and as per his report there was no LT Line broken at the time of accident and there cannot be any sparking in LT Line since the conductor was in good condition and wooden spacer was also installed on the LT Line. It has been further mentioned that Shri Bisambher Singh, Sarpanch of Gram Panchayat, Mado Haldari, Chhachharauli, District Yamuna Nagar had also submitted his report that in the night of 15/16.01.2014 the Chaan/Jhopari of the complainant caught fire but same was not due to sparking of electricity wires and there was no wire loose or broken at the spot. Lastly all the contents of complaint of the complainant have been denied and prayed for dismissal of the complaint.

4.                     In support of the case, complainant tendered into evidence his affidavit as Annexure CW/A, Application moved to the Executive Engineer, UHBVN, Yamuna Nagar as Annexure C-1, Photocopy of DDR bearing No.15(A) dated 16.01.2014 as Annexure C-2, Photocopy of postmortem report bearing No.25/002154  of calf (Bachhri) as Annexure C-3, Photocopy of postmortem report bearing No.24/002154  of Cow as Annexure C-4, Letter issued by the Deputy Commissioner, Yamuna Nagar to SDM Bilaspur vide memo No.3286 dated 24.12.2014 as Annexure C-5, Photocopy of photographs as Annexure C-6 and C-7, During the course of arguments, learned counsel for the complainant tendered some electricity bills which were ordered to be marked as (Annexure C-8 to C-12) and closed his evidence.

5.                     On the other hand, learned counsel for the OP Nigam tendered into evidence affidavit of Shri Pankaj Deswal, SDO (OP) Sub Division, UHBVN as Annexure RW/A, Photocopy of report issued by Bishamber Singh, Sarpanch to SDO as Annexure R-1, Photocopy of letter issued by XEN, UHBVN, Jagadhri to SDO (OP) S/Divn. UHBVN, Chhachhrauli dated 28.08.2014 as Annexure R-2, Photocopy of report issued by SDO to Executive Engineer, UHBVN, Jagadhri dated 25.07.2014 as Annexure R-3 , Photocopy of Postmortem report bearing No.25/002154 Annexure R-4 and closed the evidence on behalf of OP Nigam.

6.                     We have heard the counsels of both the parties and have gone through the pleadings as well as documents placed on the file very carefully and minutely.

7.                     The complainant has approached this Form with a plea that his one cow aged about 8 years and one calf aged about 2 ½  years had died due to electrocution and this all happened due to negligence on the part of OP Nigam which is established on the case file that complainant had moved applications (Annexure C-1 and C-5) to the Executive Engineer, UHBVN, Jagadhri as well as Deputy Commissioner Yamuna Nagar  regarding payment of compensation on account of death of his animals due to electrocution. Further it is also established on the case file that complainant had also intimated the same to the police station Buria and formal DDR bearing No.15(A) dated 16.01.2014 (Annexure C2) was registered and the matter was registered by Balbir Singh, PS Buria. Postmortem of dead cow aged about 8 years (Annexure C-4) and one calf aged about 2 ½ years (Annexure C-3) was conducted on the same day by the Government Veterinary Hospital, Devdhar (Yamuna Nagar) and as per postmortem reports, Cow and Calf were died due to 100% burning and value of both animals has been shown as Rs.15,000/- (Calf) and Rs.40,000/- (cow) and breed of the animals has been mentioned as HFX. Further from the perusal of photocopy of photographs (Annexure C-6 and Annexure C-7), it is duly evident that a fire has taken place in the Jhopri/Chhan of the complainant due to which some house hold articles lying in the house were also burnt. We have perused letter (Annexure R-2) dated 28.08.2014 in which SDO (OP) UHBVN was asked to conduct the inquiry and to report for taking necessary action. From this letter, copy of postmortem report bearing No.24/002154 and 25/002154 as (Annexure C-3 and C-4) and copy of DDR (Annexure C-2) and photocopies of photographs (Annexure C-6 and C-7), it duly reveals that one cow and one calf of the complainant died due to sparking in the electric wires on account of negligence and lack of proper maintenance of the electric wires on the part of OP Nigam. Although, the complainant has not proved the ownership of cow and calf, even then these facts are proved that complainant was owner of  both the died animals as his name is duly mentioned in the copy of postmortem report and in the copy of DDR. Moreover, this fact has not been disputed by the OP Nigam. The arguments advanced by the counsel for the OP Nigam that no such complaint was lodged with the OP Nigam and complainant does not fall under the definition of consumer is not tenable as from the perusal of electricity bills Annexure C-8 to C-12, it is duly evident that an electricity connection bearing no. JH15/1735X-B was stands in the name of complainant and further as no cogent evidence by way of copy of complaint resister for the relevant period and affidavit of lineman or J.E. of that area has been placed on the file to controvert the version of the complainant. Whereas, Op Nigam has admitted in para no. 3 of the written statement that electricity wires were passing over the house/Chhan/Jhopri of the complainant. By mere filing the short affidavit of SDO Sh. Pankaj Deswal and report prepared by the SDO (Annexure R-3), it cannot be presumed that no such incidence had happened place, more particularly, when the facts proves from the photographs (Annexure C-6 and C-7), photocopy of DDR (Annexure C-2) and photocopy of postmortem report (Annexure C-3 and C-4).  Further, it is duly evident that cause of death of both the animals had been shown as 100 % burning in the PMRs.

                Further, We have also gone through the case law titled as (i)  “Executive Engineer, Electricity Distribution Division and others Vs. Budhdhan, 2009(1) CLT, Page No.184 (National Commission), C.P. Act,1986,Section 2(1)(g) –Electrocution – Death of the wife of complainant by electrocution – She was aged 40 years and was earning Rs.4000/- by doing labour work – Compensation of Rs. 1,50,000/- awarded by District Forum upheld.

                And in another case  C.G.M., P & O, NPDCL and Ors Vs. Koppu Duddarajam and another, 2009(1), CLT, Page No.114 ( National Commission), C.P. Act,1986,Section 2(1)(d) and 14(1)(d) –Consumer – Electrocution – Death of farmer sitting in the front of Panchayat office as a live high tension wire fell on him – Plea that deceased  not a consumer repelled – Village Panchayats uses electricity for its officers and street lights and pays for out the taxes paid by the villagers to the Panchayats hence villagers are Consumer.

             Further in case Sub Divisional Officer/Assistant Executive Engineer, PSEB and others Vs. Bishan Dass, 2009 (1) CLT, Page No.192(Punjab State Commission CHD) Compensation – Electric mismanagement – Crop loss – Fire due to mismanagement of electric wires by the appellant which caused sparking and ultimately led to fire accident – Award of compensation by District Forum  Upheld with some modification. And same view has been taken in case Rajasthan State Electricity Board and others Vs. Mahadev Meena, 2006(1) CLT, Page no.183. Consumer Protection Act,1986,Section 2(1)(d) –Consumer - Electrocution – Deceased had died from electrocution from live wire, which had snapped from pole ,in the field – Complainant is consumer – Plea not acceptable that matter should have been agitated either before Civil Court or under the provisions of Fatal Accident Act.

               The facts mentioned in these case laws are applicable to facts of the present case. Overall, in the circumstances noted above and as per the case law cited above, we are of the considered view that both the animals of the complainant died due to sparking of electric wires which was due to lack of proper maintenance of the electric wires, on the part of the OP Nigam and the complainant is entitled to get some relief.

8.                     Now, next question arises as to what  amount should be awarded to the complainant on account of death of cow aged about 8 years and one calf aged about 2 ½ years. Although the Govt. Veterinary Hospital, Devdhar (Yamuna Nagar) has shown the value of dead one cow Rs.40,000/- and one calf value of Rs.15,000/- in his postmortem report but the complainant has not placed on file any documentary and cogent evidence to prove the actual cost of both the dead animals. Even, the Veterinary Doctor has not disclosed any criteria from which he assessed the value of both the animals so in the interest of justice, it will be fair, just and proper that an amount of Rs.30,000/- and Rs.10,000/- respectively i.e. total amount of Rs.40,000/- be awarded to the complainant as the cost of both the dead animals (Cow and Calf). However, the claim on account of house hold articles is hereby declined as the complainant has not placed on file any single documents or loss of property which was due to electrocution/fire.

9.                     Resultantly, we party allow the complaint of complainant and direct the OP Nigam to pay lump sum of  Rs.40,000/- as cost of dead cow and calf  within a period of 60 days. Order be complied within a stipulated period after preparation of copy of this order failing which the OP Nigam will be also liable to pay interest @ 6% per annum for the defaulting period till its actual realization and complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Pronounced in open court:

Dt.  27.11.2016.

 

                                                                                          (ASHOK KUMAR GARG)

                                                                       PRESIDENT

                                          (S.C.SHARMA)                     DCDRF Yamuna Nagar

                                          MEMBER