Karnataka

Chitradurga

CC/111/2016

Revanna S/o Nanjappa - Complainant(s)

Versus

Section Officer,Bescom - Opp.Party(s)

Sri.G.S.Shivakumar

13 Apr 2017

ORDER

COMPLAINT FILED ON:02.12.2016

DISPOSED      ON:13.04.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 111/2016

 

DATED:  13^th APRIL 2017

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT/S	Revanna S/o Nanjappa, Age: 42 Years, R/o Kanguvalli Village, Hosadurga Taluk, Chitradurga District.     (Rep by Sri.G.S. Shiva Kumar, Advocate)
V/S
…..OPPOSITE PARTIES	BESCOM Represented by its   1. Section Officer, BESCOM, Rural Sub-Division, Hosadurga, Chitradurga District.   2. Executive Engineer, (O & M), Electrical Division, BESCOM, Chitradurga District.   3. Managing Director, BESCOM, Corporate Officer, Bangalore.   (Rep by Sri. M. Umesh, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay compensation of Rs.70,000/- with interest at 10% p.a from the date of accident till realization.

2.      The brief facts of the case of the above complainant are that, she is an agriculturist by profession having two buffaloes aged about 5 years.   She and her family members are depending upon the earnings of said two buffaloes.  The electric Transformer was installed by the side of the road near the house of complainant at Kanguvalli village, Hosadurga Taluk in Chitradurga District.  The OP No.1 has not covered any safety guard or any other precautionary measures around the 11 KV electricity live line which was connected to the Transformer and electric power supply to the villagers for their domestic usage.  It is further submitted that, on 17.04.2015 at about 5-00 AM, two buffaloes belongs to complainant were died due to the electric shock of the 11 KV electricity live line broken down when they were grazing by the side of the tank.  It is further submitted that, at the time of death of the buffaloes due to electrocution, the market value of the same was nearly about Rs.35,000/- each.  Apart from that, future income of from them was unlimited.  The complainant is restricted to claim the amount of Rs.70,000/- including the value of the buffaloes and its profits in future.  It is further submitted that, as per the PM report, the value of the buffaloes is Rs.15,000/- each.  In fact, the present market value of the same is of more than Rs.40,000/- each and also they have not calculated on the basis of future prospective income.  It is further submitted that, due to negligent act and carelessness of the OPs, the buffaloes met with an electrical accident and died.  OPs have not given proper service.  The complainant has produced all the relevant documents i.e., spot mahazar, PM report and photos of the deceased buffaloes and they have ready to pay the compensation of Rs.5,000/- each, which is a very meager amount.   It is further submitted that, the duty of the OPs is to maintain the transformer with care and caution.  But due to improper service of the OPs, the earning buffaloes belongs to complainant were died, which caused financial loss and mental agony to the complainant.  The complainant told the OPs to cover the electrical transformer with safety guard but, the OPs intentionally neglected to do the same, the same amounts to deficiency of service and negligence on their part.  The cause of action for the complaint arose on 17.04.2015 when the buffaloes were died due to electrocution and the documents submitted before the OPs on 18.04.2015 within the jurisdiction of this Forum and prayed for allowing of the complaint.    

3.      On service of notice, OPs appeared before this Forum through Advocate Sri.M. Umesh but not filed version, affidavit or written arguments. 

 4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked.  OPs have not filed any documents in support of their case.    

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

(1)  Whether the complainant proves that, the OPs have committed deficiency of service in settling the claim made by him and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainant is an agriculturist by profession having two buffalos aged about 5 years.   Her family members are depending upon the earnings of said two buffaloes.  The electric Transformer was installed by the side of the road near the house of complainant at Kanguvalli village, Hosadurga Taluk in Chitradurga District.  The OP No.1 has not covered any safety guard or any other precautionary measures around the 11 KV electricity live line which was connected to the Transformer and electric power supply to the villagers for their domestic usage.  On 17.04.2015 at about 5-00 AM, two buffaloes belongs to complainant were died due to the electric shock of the 11 KV electricity live line broken down when they were grazing by the side of the tank.  The market value of the same was nearly about Rs.35,000/- each.  Apart from that, future income of from them was unlimited.  The complainant is restricted to claim the amount of Rs.70,000/- including the value of the buffaloes and its profits in future.  As per the PM report, the value of the buffaloes is Rs.15,000/- each.  In fact, the present market value of the same is of more than Rs.40,000/- each and also they have not calculated on the basis of future prospective income.  The buffaloes met with an electrical accident and died due to the negligent act on the part of the OPS.  OPs are ready to pay the compensation of Rs.5,000/- each, which is a very meager amount.   The duty of the OPs is to maintain the transformer with care and caution.  But due to improper service of the OPs, the earning buffaloes belongs to complainant were died, which caused financial loss and mental agony to the complainant.    

 9.     In support of her contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like complaint given by son of complainant marked as Ex.A-1, Statement of complainant marked as Ex.A-2, Spot Mahazar marked as Ex.A-3, PM report marked as Ex. A-4, Form A dated 18.04.2015 marked as Ex.A-5 and 2 certified Photo copies of deceased buffaloes marked as Ex.A-6.

10.   On hearing the arguments of complainant and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, the complainant is an agriculturist by profession having tow buffaloes to earn her livelihood.   On 17.04.2015 at about 5-00 PM, the said buffaloes were died due to the electric shock to the 11 KV electricity live line broken by the side of the public road when they were grazing due to electrocution.  As per the PM report, the value of the buffaloes is Rs.15,000/- each, present market value of the same is of Rs.30,000/- each.  Due to negligent act and carelessness of the OPs, the buffaloes met with an electrical accident and died.  OPs were ready to pay the compensation of Rs.5,000/-, which is a very meager amount.   The duty of the OPs is to maintain the electricity line and transformer with care and caution.  But, they have not maintained the same with proper care and caution.  Hence, in our considered view, the OPs have committed a deficiency in service and neglected to maintain the proper fencing around the transformer installed near the road side.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.           

            11.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to pay a sum of Rs.50,000/- to the complainant along with interest at the rate of 6% p.a from the date of filing of the complaint till realization. 

It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards costs of this proceeding.  

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 13/04/2017 and it is pronounced in the open Court after our signatures)         

 

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Complaint given by son of complainant
02	Ex-A-2:-	Statement of complainant
03	Ex-A-3:-	Spot Mahazar
04	Ex-A-4:-	PM report
05	Ex-A-5:-	Form A dated 18.04.2015
06	Ex-A-6:-	2 certified Photo copies of deceased buffaloes

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

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