Date of Filing: 26-08-2017

                                                                                         Date of Order:14 -10-2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

P r e s e n t­

   HON’BLE Sri P.VIJENDER, B.Sc. L.L.B.  PRESIDENT

HON’BLE Smt. D.NIRMALA, B.Com., LLB., MEMBER

Monday, the 14^th  day of October, 2019

C.C.No.367 /2017

Between

Shiva Kumar Bhaskaran S/o. R.Bhaskaran,

Aged about 35 years, Hindu,

R/o.Flat No.203, Seven Hills Kuteeram,

H.No.12-10-587/57, Medibavi,

Sitaphalmandi, Secunderabad – 500061,

Hyderabad District, Phone No.9866197723                               ……Complainant

And

Southern Power Distribution Company of Telangana Ltd

Represented by:

The Chief General Manger(O&M),

Southern Power Distribution Company of Telangana Ltd

Corporate office : # 6-1-50,

Mind Compound, Hyderabad – 500 063,

Telangana, India. Phone No.9490610183                                 ….Opposite Party

Counsel for the complainant                      :  Party in person

Counsel for the opposite Party                  :  Sri P.Ganeswara Rao

.                      

O R D E R

(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)

            This complaint has  been preferred under Section 12 of C.P. Act  1986 alleging that supply of  High voltage electrical power  by the  opposite party  which resulted in damage to the some household articles of the complainant  amounts to  deficiency of service, hence a direction to opposite party to compensate the loss sustained by the complainant  and to award  compensation and costs of this complaint.  

1. The complaint averments in brief are that the complainant is  the resident of  flat bearing No.203,  with House No.12-10-587/57, Medibavi, Sitaphalmandi, Secunderabad. He got  power  supply  with service connection number  V6071056 from the opposite party.  On 3-10-2015 in the afternoon hours there was  shutdown  of power supply and some repairs and maintenance works were carried out by opposite party staff.  Thereafter power supply was restored and after such restoration  there was high voltage of electricity  to the households  in about three streets  of locality.  Because of high voltage  power supply   electrical  appliances like Television, Computer, Tube lights, Washing Machine were damaged in about  100 houses.  The resident of the house’s wherein  the above said appliances were damaged  surrounded  the workers of  the opposite party  who attended the repairs  and maintenance works  and  agitated for the  damage caused to their belongings.  On hearing the news of it one Mr.Anantha Reddy A.D.E and Mr.Krishna Mohan A.E of the opposite party rushed to the spot and assured to community  that they would  take  this matter  to the  notice of the  higher officials  in the Department  and would struggle  to get  compensation  and for loss suffered. 

             After the  above said incident  complainant and his father met the  above said A.E.Krishna Mohan at his office and discussed about the  damage sustained and  sought help in getting  the compensation.  On the advise of  said Krishna Mohan the complainant got attended repairs to the damaged household appliances  on 29-10-2015 by spending a sum of Rs.13,690/-.  The same fact was informed to the Mr.Anantha Reddy A.D.E and Mr.Krishna Mohan A.E who promised to bring  the same to the notice of the superior officers in the Department.  But even after three months  there was no response or any communication from the  opposite party.  Hence the complainant approached the office of Distribution Company of Telangana Ltd on 9-02-216 with a complaint  and copy  to  A.D.E and A.E  on October, 2015.  Having  acknowledged the said complaint   D.E did not respond properly.  Thereafter the complainant and his father  have approached the Chief General Manager, operations and Maintenance  of opposite party at his office  on   17^th September, 2016 and explained  the entire  episode.  They also  presented a written complaint to C.G.M  but there was no response.  Hence  complainant got issued a legal notice to the  C.G.M(Operations & Maintenance) to the opposite party on 3-7-2017 but there was no reply to it.  Hence the present complaint for a direction to opposite party to pay a sum of Rs.13,690/- which amount  was spent by the complainant   for attending repairs to  damaged items due to  high voltage power supply   with interest at 36% P.A  and to award compensation of  Rs.1,00,000/-  for causing mental agony and inconvenience by opposite party by not attending their grievance  at the earliest and to award cost of this complaint. 

2. Opposite party filed written version denying the entire incident  as narrated in the  complaint. The stand of the opposite  party is that on 3-10-2105 the staff of  Department  have  undertaken work of   raising  of the plinth  of the 160KVA at Rangula Yadigiri DTR.  The work involved  was  to remove  DTR from  the plinth and place  it on a temporary stand and after raising the  height of the  plinth to  place the DTR in the plinth.  After the said work  the connections were given  and power supply was restored.  The  said entire  work was   supervised by the  Engineers Department  and it was  executed with utmost care   by professional staff.  After restoration of the  power supply  the staff of the department  observed and noticed that there was no fault anywhere  and no complaint was received from the  locality  people and power supply was normal. 

              The  allegation of the complainant that there was  high voltage of power supply after restoration of the power and it resulted in  damage to electrical  gadgets  and  other  appliances  and entitled  to seek compensation  etc are false .  No one  assured the complainant and his father  to compensate the alleged loss sustained  and the complainant was not advised to get repaired  the alleged damage to home appliances with a  promise to compensate the  same.  After receipt of the complaint from the complainant  department made thorough enquiry into the matter and found that  there was no high voltage  power supply on the given date.  The damage of gadget in the house of  the complainant  was due to faulty  earthing only .  If the damage was due to DTR the total households  in that area  that are fed from the DTR should have  faced the same problem.  The allegation of high voltage is  limited to complainant  house alone.   The true fact is  power supply was  normal  and the problem to the complainant  was due to earthing in his house. 

             When the complainant approached the higher officials of department and complained  about the  alleged incident  it was properly replied   and was informed that the department  carried out  its work  in proper way with utmost  precautions by professionally trained  staff having rich experience.  There was no deficiency of service  on the part of the  opposite party. Hence the complainant is not entitled for any  relief and complaint is liable to be dismissed with exemplary costs to the department. 

              In the enquiry  the  complainant has got  filed his evidence affidavit reiterating the  material facts   of the complaint and to support the same  got exhibited  ten (10) documents.    Similarly for the Opposite Party evidence affidavit of ADE/OP namely Sri Balu  is got  filed and substance  of the same is in line with the stand taken in the written version.  Two (2) documents are exhibited on behalf of the opposite party.   Both sides have filed written arguments.

            On a consideration of material available on the record the following points have emerged for consideration .        

1. Whether the complainant could be able to prove that there was high voltage  power supply resulting  damage to the  electrical  home appliances  ?
2. Whether the complainant is entitled for the amounts claimed in the complaint?
3. To what relief?

Point No.1:  The specific  case of the complainant  is on 3-10-2015 in the  afternoon hours for repair and maintenance works the opposite party  staff have shutdown the power supply and carried out works and later restored  the power supply and after  that in the  power supply there was high voltage of power  and as a result of it  household  electrical appliances   in about the  100 houses of locality  were damaged.  Though the opposite party  denied the release of high voltage of  power supply  after attending repairs  it is admitted  about the  carrying out routine maintenance work  by its employees  on 3-10-2015.  The nature of the work attended  on that  particular date as explained by opposite party was  about raising   of the plinth of  the 160 KVA and after that  DTR was removed  from the plinth  and  placed of it  on a temporary stand and after  raising  of the  plinth the DTR was  shifted back  and  then the power was restored and  DTR was  charged.  No visible  fault was noticed  at the time of  charging  and  DTR functioned normally. 

           The another specific stand of the opposite party in the written version as well as evidence affidavit   is that  if there was high voltage  power supply on account of DTR  the total household articles  in that area   that are fed from the DTR  should have  been affected the  similar problem   and  damage to electrical  home appliances.  To the complainant house  it  was on the account of earth problem in the house.  To overcome the  said stand of the opposite party the complainant has  filed a copy of the complaint  presented by  76  residents  of locality  to  the  office Divisional Engineer  at Paradise on 29-10-2015 explaining the damage caused in their house hold appliances  on account of high voltage power supply .  They also  mentioned about the  publication of news in that regard in the local newspapers on 14-10-2015 i.e, on the very next day of the incident. This complaint is exhibited as A10 for the complainant.  The said complaint  was  drafted  on the letter head of Medibavi House Owner’s Welfare Association    and it contains signatures of an many as 76 persons with their house numbers and the amount spent by then for attending repairs  to the damaged electrical appliances.  In addition to the same the complainant  also filed local newspaper of Eenadu dated 14-10-2015 containing the  news item of damage caused  to the household appliances  in the locality.  A reading  of the news item  reveals that the  entire episode on account of negligence on the part of the  contractor who undertook maintenance work on the given date.  This  news item also refers the  names of ADE Anantha Reddy and A.E. Krishna Mohan which are also reflecting in the complaint before this Forum.  Along with  representation by the association under Ex.A10 they have  annexed  copies of newspapers  of Eenadu, Namaste Telangana and Sakshi and  in all these news  in local newspapers  damage of household electrical appliances  on account of high voltage  power supply  which was on account of negligence by the contractor employed by the opposite party for attending repairs was published.  This news clippings falsifies  the stand of   opposite party that  except the complainant  no one has brought to the notice of the department  about the high voltage power supply on 3-10-2015.  Opposite party got filed  copies of  reports stated to be given by Divisional Engineer,  Superintending  Engineer after local  officers   on the complaint  submitted by the complainant as well as local residents association.  These reports are self made by the Department  to support their  stand.  No credence  can be given  to these documents.  The  fact that news relating to high voltage  power supply  and consequent  damage to the   household  appliances  in the locality  has been reported in the local newspapers.  Thus  the documentary  evidence on the record clinchingly  proved that  because of high voltage power supply there was damage to the  electrical household appliances  of the complainant  and it amounts to deficiency of service on the part of the opposite party.  Accordingly point is answered. 

Point No.2: In view of the above findings  of this Forum  the complainant is entitled  for refund of the amount spent for attending repairs to the  household appliances which were damaged on account of high voltage power supply  with interest thereon.  By not responding to the   request of the complainant at the earliest   to compensate the damage sustained the opposite party has caused mental agony  and inconvenience  to the complainant hence liable to pay damages also.  Accordingly point is answered.

Point No.3: In the result, the complaint is allowed in part directing the opposite party

1. To pay a sum of Rs.13,690/- with interest at 15% P.a from 3-10-2015 to the date of payment. 
2. To pay  a sum of Rs.20,000/-  towards  compensation to the complainant  for causing mental agony and inconvenience and  further  to pay Rs.5,000/- towards cost of this complaint

Time for compliance : 30 days from the date of service of this order

                        Dictated to steno, transcribed and typed by her, pronounced  by us on this the   14^th  day of October , 2019

MEMBER                                                                                            PRESIDENT

APPENDIX OF EVIDENCE

Exs. filed on behalf of the Complainant:

Ex.A1-copy of bill dated 6-10-2015  for an amount of Rs.800/- for service charges towards repair of  Washing Machine

Ex.A2- copy of the bill dated 10-10-2015 for an amount of Rs.13,690/- for replacement of damaged component of Washing Machine

Ex.A3- written complaint dated 27-10-2015

Ex.A4-written complaint dated 17-09-2016

Ex.A5- office copy of legal notice dated 03-7-2017

Ex.A6- postal receipt

Ex.A7 registered post tracking number (RN013619251IN) dated 3-7-2017

 print out online status of registered post provided by India Post website

Ex.A8- New paper editorial dated 4-10-2015  which carried details of the  incident

Ex.A9- electricity bills

Ex.A10- letter dated 29-10-2015 addressed to Divisional Engineer, Paradise, T.S.S.P.D.C.L by Medibavi House Owner’s Welfare Association

Exs. filed on behalf of the Opposite party:

Ex.B1 – letter  from Divisional Engineer,  Operation ,  T.S.S.P.D.C.L Paradise, Secunderabad to  the Superintending  Engineer

Ex.B2- register post with acknowledgment due

MEMBER                                                                                            PRESIDENT