Complaint filed on:15-12-2023

                                                      Disposed on:30-04-2024

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 30^th DAY OF APRIL, 2024

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

CC.No.177/2023

Shri.Umesh S/o Ramegowda,

Aged about 56 years,

R/at Ammasandra Village,

Dandinashivara Hobli,

Turuvekere Taluk,

Tumakuru District.

……………….Complainant/s

(In person)

                                                V/s

1. Superintendent Engineer,

    BESCOM,

    Kothithopu,

    Tumakuru District.

2. Assistant Executive Engineer,

    BESCOM,

    Turuvekere,

    Turuvekere Taluk.

3. Section Officer,

    BESCOM,’

    Dandinashivara,

    Turuvekere Taluk.

……………….Opposite Party/s

(By Shri.B.R.Devaraju – Advocate)

: O R D E R :

BY SMT.NIVEDITA RAVISH –  LADY MEMBER

This complaint is filed by the complainant Under Section 35 of Consumer Protection Act, 2019 against the Opposite Parties for award the compensation amount of Rs.3,00,000-00 to the complainant for loss sustained by the complainant towards the destroying homemade appliances. Further, to award the compensation of Rs.5,00,000-00 to the complainant towards the mental agony and stress sustained by the complainant for the destroying the home made appliances.

02.     1^st Opposite party is the Superintendent Engineer, Kothithopu, (hereinafter called as OP No.1), 2^nd Opposite Party is the Assistant Executive Engineer, Turuvekere (hereinafter called as OP No.2), 3^rd Opposite party is the section officer, Dandinashivara, Turuvekere (hereinafter called as OP No.3). OP No.1 to 3 are responsible authorities of Bangalore Electricity Supply Company Limited (hereinafter called as BESCOM).

3.      It is the case of the complainant that, the complainant is the consumer of OP No.1 to 3 by obtaining electricity connection in consumer No.AML30340 to the residence of the complainant which is situated at Ammasandra Village, Tumkur District. The complainant is using/ running the Electric Homemade appliance by connecting branded company wire and entire switch board in which newly constructed house of the complainant. On 25-11-2023, Saturday at midnight around 2:30 am, when the complainant and his family members were in deep sleep, electrical home appliance of the complainant’s are burnt as the 11 Kilowatts high tension wire has been snapped by the falling of the old age tender jungle tree which was not trimmed since from long time had fallen on secondary line in which the electric connection was supplied and provided to all the surrounding houses of the complainant and hence as there was flowing of heavy voltage than the normal voltage. The secondary line which was providing the electricity to the complainant house was not be resisted the abnormal voltage and all electrical home appliance of the complainant were burnt and complainant got huge loss. Inspite of issuing the legal notice to OP No.1 to 3 the OP No.1 to 3 have not taken any action till  the date. Hence, this complaint.    

4.      After issuing the notice through this Commission OP No.1 to 3 were appeared before this Commission through their counsel and filed common version.    

5.     In the version, OP No.1 to 3 are admitted that, the complainant is the consumer of the OP No.1 to 3. But denied all other allegation made by the complainant as false. OP No.1 to 3 are submitted that, the OP No.1 to 3 have no knowledge about burning of electrical home appliances as burnt due to the falling of the 11 KV high voltage wire on secondary line which is connecting the power supply to the complainant and surrounding houses in the locality of the complainant. Further OP No.1 to 3 have submitted that, there is very negligence on the part of the complainant who was used the power in their wants, without taking power connection for more than 3 Kilowatts and also the complainant has installed in his residence 63 Amps MCB, but the complainant has to be installed 0.5 Amps MCB in fault complainant has taken 1 kilowatt of power connection which is sanctioned by OP No.1 to 3. Further, submitted the complainant has not fixing E L C B (Earth leakage circuit breaker) and there is no damage / burning caused / occurred with the respect of meter. Therefore it is the only negligence of the complainant not the OP No.1 to 3. Hence, OP No.1 to 3 have prayed for dismissal of the complaint against them.

6.      The complainant filed his affidavit evidence with Eleven documents, which are marked as Ex.P1 to Ex.P11. OP No.2 by name Shri.Rajashekar.M.C filed his affidavit evidence. None of the OP No.1 nor the OP No.3 have filed their affidavit evidence.

7. .     The OP No.1 to 3 have files memo with meter testing reports pertaining to other RR numbers in the time of arguments. We have heard the arguments of both side and the points that would arise for our determination as follows:

1. Whether the complainant proves the deficiency in service on the part of OPs?

2. Is complainant entitled to the reliefs sought for?

08.     Our findings on the aforesaid points are as follows:

Point No.1: Partly Affirmative

Point No.2: As per below order

:R E A S O N S:

Point Nos.(1) & (2):-

09.     The complainant has argued that he is the consumer of the OP and he obtained electricity connection from OP vide consumer No.AML30340 and the OPs admitted the same. Further, complainant has contended that, the complainant has used the electric home appliances namely, 1) Refrigerator manufactured by LG company which values about Rs.24,000-00, 2) Mixer Grinder manufactured by “ZARA” company values about Rs.3,500-00, 3) UPS (uninterruptible power supply unit) manufactured by “Liv-Guard” which values about Rs.24,000-00, 4) Italian Kitchen Chimney of imported model manufactured by “INFY” company which values about Rs.19,600-00, 5) Latest LED Monitor including central process unit (CPU) and keyboard, unit worth about Rs.48,000-00, 6) latest variety about 10 costly LED fancy and latest Bulb’s of superior quality manufactured by Branded company which values about Rs.25,000-00, 7) One “LG LED-55UQ8040PSB V guard Model Crystal plus” TV which valued about Rs.56,500-00. To prove the same the complainant has produced the Ex.P2 / copy of the tax Invoice of LG LED-55UQ8040PSB V.GAURD MODEL-CRYSTAL PLUS and Ex.P3 / photo of the Latest LED Monitor including central Process Unit (CPU) and key board, unit. Further, produced the Ex.P6 / photo of the Refrigerator with stabilizer, Ex.P7 / photo of the UPS, Ex.P9 / photo of the LG LED TV, Ex.P10 / photo of the Mixer Grinder. But in these exhibits only Ex.P1 is reflecting the price of the LG LED TV. All other Ex.P3, Ex.P6, Ex.P7, Ex.P9, Ex.P10 are not reflecting any price of the respective things or not reflecting their company names.

10.     Further complainant has argued that, on 25-11-2023 at 2:30 a.m, the 11 Kilowatts high-tension wire has been snapped by the falling an old age tender jungle tree which was not trimmed since from long time on secondary electrical line which was connected to complainants house and other neighbouring houses of the complainant, and all the above said electrical home appliances of the complainant were burned / damaged due to falling of 11 kilowatts high tension wire on secondary electrical wire. To prove the same the complainant has filed Ex.P3 to Ex.P10 / photos of the electrical home appliances of the complainant. Ex.P3 reflecting CPU of computer, Ex.P4, Ex.P5, Ex.P10 are showing switch board of complainant’s house with black marks, Ex.P6 reflecting the broken stabilizer of the Refrigerator, Ex.P7 showing that, someone examining the UPS of the complainant. The complainant has submitted that black marks reflecting in the Ex.P4, Ex.P5 and Ex.P10 are the burnt marks of the electric home appliances. These all Ex.P3 to Ex.P10 are not objected by the OP. Further, the complainant has contended that the complainant has come to aware about the damages of electrical home appliances in his house when the all family members woke up in the morning at 25-11-2023 and got shocked. Further, complainant has submitted that, so many surrounding houses are also met with same burnt of home appliances which have connected with same secondary line. But the complainant has failed to placed affidavit or any other evidence of his surrounding neighbours who are met with same damage. Further, the complainant has argued that all the electrical home appliance of the complainant has burnt due to the negligent act of the OP. Because OP has not taken preventive steps with the 11 Kilowatt high tension wire by not trimming the huge branch of tree which grown above the 11 Kilowatt high tension wire and high voltage was flowed and causes the damages of electronic home appliances of the complainant when 11 kilowatt high tension wire fallen on secondary line of electricity. Further the complainant has contended that though the complainant issued the legal notice on 27-11-2023 to OP No.1 to 3, the OP No.1 to 3 have not replied the same, nor sanctioned any compensation to the complainant. Ex.P1 / copy of the legal notice issued by the complainant is establishes that, the complainant has convey the incident of damages caused due to heavy fluctuation of the electricity.

11.     Per contra, counsel for the OP No.1 to 3 has argued that, the OP No.1 to 3 have given the 1 kilowatt of power connection to the complainant as per the considering the application of the complainant. But complainant used the electrical home appliances which have required the power connection of 3 kilowatts. Further, counsel for the OP No.1 to 3 has argued that, the electrical home appliances were burnt due to the negligence of the complainant, not the negligence of the OP No.1 to 3. But the OP No.1 to 3 have not placed any document to show that, the complainant has used 3 kilowatt of power which is more than the granted power connection by the OP No.1 to 3. Further OP No.1 to 3 have not produced any evidence or document to show that, what steps the OP No.1 to 3 have taken against the complainant for more usages of the electricity than the sanctioned power. Further, OP No.1 to 3 have not produced any evidence or documents to prove, the electrical home appliances are burnt due to use of electricity rather than the granted / sanctioned Kilowatts of power. Further counsel for the OP No.1 to 3 has argued that, the complainant has not fixing Earth leakage circuit breaker (ELCB) and in case if the complainant fixed the same, there is no incidence occurred in complainant’s house. This statement of the OP No.1 to 3 has establishes that, the OP No.1 to 3 were indirectly admitted the damages of the electricity home appliances of the complainant. The OP No.1 to 3 have produced copy of photo of the house which is not establishing that, the complainant has not fixed the Earth leakage circuit breaker. As per point No.4.09(viii) of conditions of supply of Electricity of Distribution Licensers in the state of Karnataka (Notified in Karnataka Gazette dated 17-06-2006), “applicant shall provide load limits of suitable capacity with sealing arrangements, which shall be sealed at the time of servicing the installation. In addition to the load limiter, the AEH consumer shall provide suitable capacity Earth leakage circuit breaker (ELCB)”. In the present case the OP No.1 to 3 were already given the power connection after examining the all requirements / conditions for supply of the power to the complainant house and the OP No.1 to 3 are also not take any steps towards the complainant for not fixing the earth leakage circuit breaker. Hence, it is considered that, the complainant has fixed proper earth leakage circuit breaker.

12.     Further counsel for the OP No.1 to 3 has argued that, the electrical home appliances are damaged due to negligence of the complainant only not the negligence by the OP No.1 to 3. To prove the same OP No.1 to 3 have produced the three meter testing reports, and copies of the complainants with regarding meters. The two meter testing reports pertaining to RR.No.AML 1874 and AML1141 are for the report for the complaints regarding excess bill of the power which are not pertaining to the complainant. The meter testing report of AML 30340 is pertaining to the complainant has showing only details and condition of capacitor in different dates and months. Further it is reflecting that, “Installation Rated % error of meter is within limits”. But this report has not establishing that, the electrical home appliance of the complainant are burnt / damaged due to negligence of the complainant. Further, the complainant has issued Ex.P1/ legal notice on 27-11-2023 to OP No.1 to 3. Further the complainant has produced Ex.P11 / copy of the letter written by the executive engineer, Tipatur to OP No.2, in which higher authority of OP No.2 has insisted to OP No.2 to visit the spot and send the report within 3 days. But OP No.1 to 3 have failed to produce the copy of report of spot Mahazar / spot visit. Further, OP No.1 to 3 are not produced any document to show that, there is no obstacles for 11 KV wire from huge trees. This act of the OP No.1 to 3 has amounts to there deficiency in service. Therefore the OP No.1 to 3 shall jointly and severally liable to pay the compensation to the complainant. The complainant has prayed for Rs.3,00,000-00 towards damages of electrical home appliances. But complainant has failed to provide evidence in what extent the electrical home appliances are damaged due to heavy fluctuation of electricity. Only Ex.P2 is reflecting for Rs.56,500-00. Therefore, the complainant has eligible for global compensation. Hence OP No.1 to 3 has liable to pay compensation of Rs.70,000-00 for damaged electrical home appliances with interest at 8% p.a from 25-11-2023 (i.e., date of damages occurred with electrical home appliances of the complainant due to heavy fluctuation of electricity) till realization to the complainant. Further, the complainant has prays compensation for Rs.5,00,000-00 towards mental agony and stress which caused by the negligent act of the OP No.1 to 3. But the complainant has not produced any documents to establish that, he has eligible for compensation for Rs.5,00,000-00 which is higher side. But considering the facts and circumstances the OP No.1 to 3 have jointly and severely liable to pay compensation of Rs.6,000-00 to the complainant towards mental agony caused to the complainant. Further, though issuing Ex.P1 the OP No.1 to 3 were compelled the complainant to approach this commission. Hence OP No.1 to 3 were liable to pay Rs.6,000-00 to the complainant towards litigation cost. Accordingly we proceed to pass the following;

:O R D E R:

The complaint filed by the complainant is allowed in part with cost.

The OP No.1 to 3 have jointly and severally directed to pay compensation of Rs.70,000-00 with interest @ 8% p.a from 25-11-2023 to till realization to the complainant towards damages of electrical home appliances of the complainant.

It is further directed that the OP No.1 to 3 shall jointly and severally pay the compensation of Rs.6,000-00 towards mental agony and Rs.6,000-00 towards litigation cost to the complainant.

It is further directed that the OP No.1 to 3 shall comply the above order within the 45 days from the date of the receipt / knowledge of the order.