DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No : 48 OF 2011 Date of Institution : 17.02.2011 Date of Decision : 10.10.2011 Balwinder Singh, s/o Sukhdev Singh, r/o H.No.2371, Sector 20-C, Chandigarh. ---Complainant V E R S U S1] Superintending Engineer Operation Circle, U.T. Chandigarh, Sector 9, Chandigarh. 2] Executive Engineer, Electricity Operation, Divn.No.3, Sector 19, Chandigarh. 3] S.D.O. Electricity Board, Sector 20-C, Chandigarh. ---Opposite Parties BEFORE: SH.LAKSHMAN SHARMA PRESIDENT SMT. MADHU MUTNEJA MEMBER SH.JASWINDER SINGH SIDHU MEMBER Argued By: Complainant in person. Sh. Jatinder Singh, GP for the OPs. PER MADHU MUTNEJA, MEMBER 1] The instant complaint relates to faulty electric wires maintained by the OPs. Briefly stated, the Complainant is a resident of govt. house in Sector 20-C, Chandigarh. Certain electric wires of the Electricity Department were running across/ above his roof. As the condition of the wires were not very good, the Complainant had requested the OPs a number of times to change/ replace the electric wires. However, inspite of repeated requests, the Department had not taken any steps to comply with his request. On 07/12/2010, certain articles belonging to the Complainant, which were lying on the roof, caught fire due to sparking in the wires and were burnt. These articles included a bicycle, plastic cooler, one double-bed, 04 quintals of wheat, besides other items. The Complainant has alleged that if the fire brigade had not reached in time, substantial more loss would have arisen. A DDR was lodged with the Police Station (C-1). The Complainant, thereafter, approached the OPs to pay compensation for the loss caused due to their negligence. As the OPs did not respond, he sent a legal notice to them for the same purpose. As no action was taken by the OPs to redress his grievance, he has, therefore, filed the instant complaint, with a request that the OPs be directed to pay for the cost of the lost articles, besides cost of litigation. 2] After admission of the complaint, notices were sent to the OPs. OPs have taken a preliminary objection that no loss was caused to the Complainant because of the Electricity Department. On merits, the OPs have contended that the Petitioner never made any request to the Electricity Department for change of wires. The electricity wires and lines were erected after taking due care and electricity was being supplied as per department rules. There was no fault anywhere. The OPs have further submitted that the wires are checked by the officials of the Electricity Department in routine and all joints are properly taped to avoid any mis-happening. Hence, denying all allegations made by the Complainant, the OPs have prayed for the dismissal of the complaint, which according to them is totally false and frivolous. 3] Parties led evidence in support of their contentions. 4] We have heard the complainant in person and ld. G.P. for OPs. 5] The matter relates to an alleged fault in the electric wires running over the govt. house in Sector 20-C, where the Complainant is a resident. He has stated in his complaint that despite various requests to the OPs for change of faulty wires, no compliance was made by them. He has now suffered immense loss due to a fire caused by sparking in the wires. The OPs in reply have stated that the Complainant has not made any request for change of wires to them ever, and that the wires are checked from time to time as a routine. The DDR placed on record at Annexure C-1 clearly shows that the cause of the fire was the sparking in the wires. The OPs have not said anything in contravention to this, nor have they given any reply, which could be suggestive of fire caused due to another reason. Hence, it is evident that the fire has been caused by sparking of wires only. 6] The damaged/ burnt items mentioned mainly include a cycle, cooler, a bed and wheat. We think that if the cycle was functional, it would be in the drive way of the house and not on the roof. It is obviously not in use. If the bed and cooler were valuable, they would definitely not be left out in the open to suffer the hazards of nature. The wheat on the roof should either have been in a metal container, where it would have remained undamaged. If left open, then it could also be otherwise destroyed with natural weather conditions such as rain, wind etc. It should ideally have been in a store. What was the need for the Complainant to place the allegedly valuable articles over the roof of his govt. house in the open. Should not these items if so valuable have been kept in a store? 7] The Complainant has not placed on record any letters to prove that he has made the alleged repeated requests to the OPs for the change of wires. Even though the OPs have said that the wires were not faulty. Otherwise also, the wires are checked in routine by the officials of the Electricity Department from time to time. The sparking of wires could have been caused due to the action of wind or a storm, which cannot be attributed to the OPs. Hence, placing the alleged valuable items on the roof by the Complainant is his own foolhardiness. The Electricity Department should not be made to suffer for the damages caused to him. 8] In view of the above findings, we dismiss this complaint filed by the Complainant. The OPs are, however, directed to check all the wires of the area and to rectify the faults/ breakages, if any, within 15 days of this order, with special attention being given to the wires above the house of the Complainant. No order as to cost. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 10.10.2011 Sd/- (LAKSHMAN SHARMA) PRESIDENT Sd/- (MADHU MUTNEJA) MEMBER Sd/- (JASWINDER SINGH SIDHU)
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. JASWINDER SINGH SIDHU, MEMBER | | 
