Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
This appeal takes an exception to an order dated 17/07/2010 passed in consumer complaint No.154/2007 (Smt.Pramila Popat Date & Anr. V/s. Junior Engineer, Maharashtra State Electricity Distribution Company Ltd. & Ors.) passed by Addl. District Forum, Pune. The consumer complaint pertains to claiming compensation for loss sustained to the sugarcane crop of the complainants which was burnt due to short-circuit in the transmission line led by Maharashtra State Electricity Distribution Company Ltd. (hereinafter referred to as ‘MSEDCL’). The complainant claimed compensation of `5 Lakhs. The District Forum upholding the contention of the complainant partly allowed the complaint and directed the opponent/MSEDCL to pay compensation of `2 Lakhs within period of six weeks and failing which shall pay further interest of 8% p.a. Feeling aggrieved thereby, this appeal is preferred by MSEDCL as well as the original opponent No.1-Junior Engineer and opponent No.2-Assistant Engineer.
Heard Mr.S.S. Jinsiwale, Advocate for the appellants and Mr.U.B. Wavikar, Advocate for the respondents.
In the instant case, as per statement made by the complainants themselves and considering the undisputed facts, the sparking (due to which sugarcane crop caught fire and loss sustained by the respondents/complainants) had taken place at a transmission line and not service line of the complainants, whereby electric energy was supplied to them. Therefore, complainants cannot be held as consumer and as such a consumer dispute itself is not tenable. Facts of the present case, as such, are covered by earlier decision of this Commission in First Appeal Nos.227/2007 & 228/2007 in the matter of Maharashtra State Electricity Distribution Co. Ltd. & Ors. V/s. Shri Babulal Kuberchand Gandhi, decided on 10/03/2010 [Quorum : Justice Mr.S.B. Mhase, Judicial Member-Mr.S.R. Khanzode & Member-Mr.Dhanraj Khamatkar]. We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal is allowed. The impugned order dated 17/07/2010 is set aside and in the result, consumer complaint No.154/2007 stands dismissed.
2. In the given circumstances, both parties to bear their own costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 21st June 2013.
