BEFORE THE DISTRICT CONSUMER

       DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.90/2015
 

Date: 19^th day of October, 2016

   P r e  s e n t: 

01) Smt.Sharada.K.                                                    President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                         Lady   Member…

                            B.A (Music)

03) Shri.Shravanakumar.D.Kadi                               Member…

                        M.Com.LL.B.  (Spl)

                V/s

JUDGEMENT DELIVERED BY SMT.SHARADA.K.PRESIDENT

The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Parties (herein after referred in short as OPs) seeking direction to Ops to make payment of Rs.12,00,000/- for loss caused sugarcane crop along with interest at 18% p.a. from the date of Complaint till the realization. Rs.1,00,000/- towards mental and physical agony caused to the complainant, Rs.50,000/- towards cost of the Complaint and any other relief as the Forum deems fit under the circumstances of the case.

2.    The brief fact of the case are as follows:

The complainant possesses the land bearing Survey No.177/1+2 measuring 20 Acres this land has dug up bore well and obtained electricity connection under R.R.No.KJP 53509 and irrigating in the about said land he has grown sugarcane crop to the extent of 10 Acre 15 guntas. OP-Company has drawn line to connect to the T.C. over this land of complainant. Because of negligence on the part of the Ops the wires were hanging this fact was brought to the notice of Ops on and often by, but the OP did not care to repair it. Because of the wind hanging wires over loped and short circuit erupted result was fire which brunt the stand sugarcane crop on 24.02.2015 because of negligence of Ops. The complainant has sustained loss to the tune of Rs.12,00,000/- this fact he has intimated to the Kaladagi Police Station who has registered the case in A.F. No.5/2015 and conducting the investigation whereas Tahasildar in term wrote of Assistant Director of Agriculture seeking a report. Whereas the Assistant Director of Agriculture gave a report to Tahasildar so for no damages was paid either by Ops. Because of this on 28.08.2015 complainant issued legal notice to Ops, Ops replied with untenable grounds but Ops admitted because of the wind, short circuit sugarcane crop which was burnt, but Ops did not respond properly therefore, complainant has no other option except to file the present Complaint.      

3.      Notice was duly served the OP NO.1 filed the Objection and opted by OP No.2 and 3. OP denied the allegations by the complainant and also submitted that the contents of the objection, complainant Complaint is not maintainable, Ops have not received any Complaint by the complainant regarding hanging of the wires. Therefore, submitted that it is negligent Act of complainant himself and prayed for dismissal of the Complaint with cost.  

 4.   Notice was duly served to Op No.4 also but he did not appear before this Forum and sufficient opportunity has given to him and hence placed Exparte.

5.      The complainant tendered affidavit evidence and placed following documents which are Serial No.1 to 15.

The Ops tendered affidavit evidence of one Sri. Gadigeppa Basappa Chabbi, Section Officer, The affidavit evidence tendered by both the parties is nothing but reiteration of stand taken in their respective pleadings.

6.      After considering the material placed on record, the following points that would arise for our consideration are:

7.      After considering the arguments by both parties and on careful consideration of material placed on record our findings for the above points are as follows:

Point No.1 – Partly Affirmative,

Point No.2 - As per the final order.

R E A S O N S

 8.  POINT NO.1:  To substantiate the claim of the complainant relied on following documents. The R.T.C. for the year 2015-16 which pertains to R.S. No.177/2 and R.S. No.177/1 measuring 10 Acre 15 guntas complainant produced Xerox copy given by the complainant to P.S.I., causing to the other aspects of the case whether the standing crop was burnt or not, to prove that particular fact in special report complainant is Kaladagi P.S., the Xerox copy is placed which is annexed with Xerox copy of Crime details Form and also placed the statement of Section Officer and Xerox copy of complainant letter to Asst. Agriculture Officer, yield report by Agriculture Officer, Village Accountant letter to Tahasildar, Panchanama conducted by Village Accountant, Postal receipts, Acknowledgements and legal notice.

9.     On 18.04.2015, the Section Officer has given Statement. It is clearly mentioned that:

“¢£ÁAPÀ: 24.02.2015 ¸ÀªÀÄAiÀÄ 3.30 UÀAmÉUÉ §fÓqÉÆÃt UÁæªÀÄzÀ ªÀiÁUÀðzÁ¼ÀÄ ²æà PÀȵÁÚ §rUÉÃgÀ ¥sÉÆÃ£ï ªÀÄÆ®PÀ ²æà UÀÄ£Áß¼ÀgÀªÀgÀ d«Ää£À°è ªÉÊAiÀÄgï ºÀjzÀÄ ¨ÉAQ ºÀwÛgÀÄvÀÛzÉ JAzÀÄ w½¹zÀ£ÀÄ. £Á£ÀÄ vÀPÀët 110kv G¥ÀPÉÃAzÀæPÉÌ ¥sÉÆÃ£ï ªÀiÁr ¸ÀzÀj d«ÄäUÉ ºÉÆÃV F13 §fÓqÉÆÃt ¦Ã¥ÀgÀ næ¥ï DVgÀĪÀ §UÉÎ RavÀ¥Àr¹PÉÆAqÀÄ L/C Feeder £À B Phase £À ªÁºÀPÀ ºÀjzÀÄ ²æà ªÉÄÃnAiÀĪÀgÀ ºÉÆ®zÀ°è PÀ§Äâ PÀmÁªÀÅ DVvÀÄÛ. §zÀÄ«¤AzÀ PÀ¸ÀPÉÌ ¨ÉAQ vÀUÀÄ° C°èAiÀÄ ¸ÀĪÀiÁgÀÄ 100 «ÄÃlgï£ÀµÀÄÖ ¨ÉAQ ªÀÄÄAzÀPÉÌ ºÉÆÃV ²æà ºÀ£ÀªÀÄAvÀ ºÁUÁ¥ÀÆgÀ 4 JPÀgÉ ºÁUÀÆ ²æà £ÁgÁAiÀÄt UÀÄ£Áß¼À 8 JPÀgÉAiÀĵÀÄÖ d«Ää£À°è PÀ©â£À ¨É¼É ¸ÀÄnÖgÀĪÀÅzÀÄ PÀAqÀÄ §A¢vÀÄ. ¸ÀzÀj ªÁAiÀÄgï PÀmÁÖzÀ ¸ÀܼÀ¢AzÀ 1/2 QÃ.«ÄÃ. £À°è MAzÀÄ vÉAV£À UÀj JZï.n. ªÁAiÀÄgï ªÉÄÃ¯É ©zÀÄÝ ±Álð DV ¸ÀzÀj ªÉÄÃnAiÀĪÀgÀ ºÉÆ®zÀ°è ªÁAiÀÄgï ºÀjzÀÄ ¨ÉAQ ¸ÀA¨sÀ«¹gÀ§ºÀÄzÉAzÀÄ ±ÀAQ¸À¯ÁVzÉ. ¸ÀzÀj d«ÄãÀÄ gÉÊvÀjUÉ £Á£ÀÄ ¸ÀĪÀiÁgÀÄ ¸À® PÀ§Äâ ¸ÀÄlÖ §UÉÎ ºÉýzÉ. §gÉzÀÄPÉÆqÀÄ JAzÀgÀÄ ¸ÀºÀ AiÀiÁªÀÅzÉà ºÉýPÉ §gÉzÀÄPÉÆnÖgÀĪÀÅ¢®è CAvÀ ªÀiÁ»w ¸À°è¹gÀÄvÉÛãÉ.” 

     This particular Statement is not challenged by other side. Therefore, it is intact under the attending circumstances having considered of these factors it can be inferred that the broke-out, because of short circuit in the T.C. it means to say that if the parties were diligent in maintaining in proper order this incident would have been averted. Therefore, it can be held Ops failed to give proper service. Therefore, we have considered affidavit evidence of the complainant and materials placed on record suffice to show that due to negligent act of Ops fire occurred.

    10.     Now the Forum has to compute the loss caused to the complainant we have considered the evidence tendered by complainant his own documents shows the

“ªÉÄïÁÌt¹zÀ «µÀAiÀÄ ªÀÄvÀÄÛ G¯ÉèÃRzÀ ¥ÀæPÁgÀ RfÓqÉÆÃtÂAiÀÄ gÉÊvÀgÀÄUÀ¼ÁzÀ ²æà £ÁgÁAiÀÄt UÀÄgÀ¥Àà PÀÄ£Áß¼À ¸À.£ÀA.177/1/2 MlÄÖ PÀ§Äâ ¨É¼É PÉëÃvÀæ 10 JPÀgÉ EªÀgÀ d«Ää£À°è ¨É¼ÉzÀÄ PÀmÁ«UÉ §AzÀ PÀ©â£À ¨É¼É ¸ÀÄlÄÖ £Á±ÀªÁVgÀĪÀÅzÀÄ w½zÀÄ ¢£ÁAPÀ: 26.03.2015 gÀAzÀÄ d«ÄäUÉ ¨sÉÃn PÉÆlÄÖ ¥Àj²Ã°¸À¯ÁV ºÁWÀÆ CPÀÌ¥ÀPÀÌzÀ gÉÊvÀjAzÀ ªÀiÁ»w ¥ÀqÉzÀÄPÉƼÀî¯Á¬ÄvÀÄ ªÀÄvÀÄÛ ¨É¼É ºÁ¤AiÀÄ CAzÁdÄ ¥Àæw JPÀgÉUÉ ¸ÀgÁ¸Àj 25-30 l£ï E¼ÀĪÀj CAzÁf¸À¯ÁVzÉ.”

Having consider all these factor and also Agriculture Officer Raitha Samparka Kendra, Kaladagi assess the damages and report average yield repose per acre is 25 – 30 tones price is to be fixed as 2015 at that time the prevailing rate was Rs.2,000/- per ton. Further it is to be seen that yield of cultivation is to be deducted which 50% of the cost therefore the calculation of loss is caused to the complainant comes as follows:

10.16 Acres X 28 ton =  285 ton

Price is Rs.2,000/- per ton.

285 X 2,000 = comes to Rs.5,70,000/- which 50% amount is to be deducted towards cost of cultivation i.e. comes to Rs.2,85,000/-. Hence, we have calculated loss caused to the complainant is Rs.2,85,000/- The complainant is also entitled to get Rs.5,000/- towards mental agony and Rs.5,000/- towards cost of the litigation. Therefore, we answer Point No.1 partly in the affirmative.   

  11.  POINT NO.2:  In view of our findings to Point No.1, we proceed to pass the following:

//ORDER//

1. This Complaint is partly allowed.

2. The Ops shall have to pay an amount of Rs.2,85,000/- (Rupees two lakh eighty five thousand) to the complainant within two months from the date of receipt of Order.

3. The OPs shall have to pay an amount of Rs.5,000/- (Rupees five thousand) towards mental agony and RS.2,000/- (Rupees two thousand) towards the cost of proceeding.

4. The Ops are directed to comply this order within a period of 60 days from the date of receipt of this order, failing which the amount carries interest at the rate of 10% p.a. from the date of order, till payment is made.
5. Send a copy of this Order to both parties free of cost.  

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 19^th day of October, 2016)