Haryana

StateCommission

A/533/2019

UHBVNL AND OTHERS - Complainant(s)

Versus

SAJJAN SINGH - Opp.Party(s)

B.S.NEGI

24 Oct 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA, PANCHKULA

 

First Appeal No.533 of 2019

                   Date of Institution:30.05.2019

          Date of Decision:24.10.2019

 

1.      Executive Engineer, City (OP) Division, Uttar Haryana Bijli Vitran, Nigam Ltd. (UHBVNL), Rohtak.

 

2.      XEN, City Division, Uttar Haryana Bijli Vitran Nigam, Ltd., Rohtak.

 

…Appellants

Versus

 

Sajjan Singh, S/o Sh.Balbir Singh, R/o village Bhagwatipur, Tehsil and District Rohtak.

…Respondents

CORAM:   Mr. Harnam Singh Thakur, Judicial Member

                   Mrs. Manjula, Member.

 

Present:-    Mr.Atif proxy counsel or Mr.B.S.Negi, Advocate for the appellants.

O R D E R

Harnam Singh Thakur, Judicial Member:

 

          There is a delay of 33 days in filing the appeal. The delay of 33 days in filing the appeal is condoned, in the interest of justice.

2.      Opposite parties-UHBVNL has filed the instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as “Act”) for challenging the order dated 25.03.2019 passed by learned District Consumer Disputes Redressal Forum, Rohtak whereby complaint filed by complainant was allowed with direction to the opposite parties to pay a sum of Rs.4,68,400/- to the complainants alongwith interest @ 9% p.a. from the date of filing of the present complaint i.e. 29.09.2017 till its actual realization and shall also pay a sum of Rs.5000/- as litigation expenses to the complainant within one month from the date of decision.

3.      According to the complainant,  as per version of the complainant,  the opposite parties have provided 33000 KV electric power line in the village of the complainant.  On 16.06.2017, the electric line had fallen down in the field of the son of the complainant.  Verbal complaint was made to the respondents, but,  they did not maintain the fallen electric power line. On 24.06.2017, the wife of the complainant caught under high power electric wire, which was in naked condition.  The wife of the complainant suffered electric shock and had died due to negligence on the part of the opposite parties.  On 24.06.2017, FIR was registered.  Postmortem was conducted by the Medical Officer, General Hospital Rohtak. He visited the Ops to pay compensation, the Ops admitted their liability, but, till date not paid the compensation to him.  Thus there was gross negligence on the part of the Ops.

4.      Opposite parties contested the complaint and refuting the allegations of complainant.  It was averred that some poles of 33 KV lines were tilted on 16.06.2017 due to continuous rain  and wind storm for three days. The same were got set right by 33 KV line staff and line got hold OK after completion of work.   The 33 KV pole again tilted and came down on earth in the night of 23,24/06.2017 due to water filled in the fields as sand in the field was soft. The pole was fallen down due to natural climate. The Ops paid an amount of Rs.1,20,000/- bearing cheque No.432356 dated 15.09.2017 as full and final payment through Commissioner employees Compensation Act, Rohtak.  Thus, there was no deficiency in service on the part of the Ops.  Dismisal of the complaint was prayed for.

5.      After hearing learned counsel for the parties and on going through the material available on the record, learned District Forum came to the conclusion that the complaint has been allowed and directed the Ops to pay a sum of Rs.468400/- to the complainant alongwith interest @ 9% p.a. from the date of filing of the present complaint i.e. 29.09.2017 till its actual realization and shall also pay a sum of Rs.5000/- as litigation expenses to the complainant within one month from the date of decision.  Accordingly prayer has been made by the learned counsel for the appellants for accepting the appeal and set aside the impugned order.

6.      Learned counsel for the appellants contended that Vidhyawati has not died due to sheer negligence of O.Ps. as the electric wire was properly maintained by them.  The complainant has accepted the amount of Rs.1,20,000/- as full and final payment through Commissioner Employees Compensation Act, Rohtak, in that eventuality, the complainant is not entitled to Rs.4,68,400/-  alongwith interest and compensation as prayed for.

7.      Having heard learned counsel for the appellant and on going through the impugned order, this Commission finds that the claim of complainant was right as in the reply, the OPs admitted that due to water filled in the fields, the pole fell down. 

8.      It is admitted fact that the due to continuous rain and wind storm, the power line was got set right by the O.Ps.  It is undisputed that electric supply/wire was being maintained by the O.Ps.  It is also matter of record that Rs.1,20,000/- was paid by the Ops as full and final payment through Commissioner Employees Compensation Act, Rohtak. It is proved that as per the post mortem report Ex.C-5, the cause of death of the wife of the complainant is due to electrocution. Deficiency in service and negligence on the part of the appellants cannot be ruled out. Thus, it is observed that the opposite parties are liable to pay the compensation awarded by the learned District Forum.  We find no illegality or fault in the finding given by the learned District Forum, whereby complaint has been allowed. The present appeal is without any merit and therefore dismissed.

9.      Statutory amount of Rs.25,000/- deposited by the opposite parties while filing the appeal shall be disbursed in favour of the complainant-Sajjan Singh against proper receipt and identification subject to decision of the appeal/revision, if any.

 

24th  October, 2019                        Manjula                                 Harnam Singh Thakur                                                                  Member                                 Judicial Member                            

 

S.K

(Pvt. Secy.)