Date of Complaint : 26/08/2014

                                  Date of Disposal: 10/09/2015

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

JUDGEMENT BY SRI. V.A. PATIL, PRESIDENT

     The complainant has filed this complaint supra against the OP alleging the deficiency of service under section 12 of the Consumer Protection Act.

     The brief facts of this complaint are as below.

1. That the complainant is the ladies specialist Tailor, since 11 ½ years, and earning Rs.300/- per day, having her shop at West Nemmale Village.  The sewing machine is equipped with small electric machine.  On the fateful day i.e., on 12/05/2014 when the complainant was stitching the cloth, the three phase electric wire, which was passing from Glen Lorne Tea Estate to Jagadale Coffee estate, touched to two phase wire and due to the same, excess current passed in the two phase wire, and the electric motor equipped with the sewing machine is burnt, and the complainant is seriously injured and her husband took her to the cauvery clinic at T. Shettigeri and treated by the doctor and as per the advice of the doctor, the complainant was shifted to BGS APOLLO Hospital, Mysore and as the said hospital authorities demanded Rs.70,000/-as advance, and as the complainant had no money, then the complainant was shifted to Shanthaveri Gopal Gowda Hospital and took the treatment and on 13/05/2014 she got operated and discharged on 14/05/2014.  Further the complainant submits that she has spent Rs.61,200/- for medical treatment.

     Further the complainant submits that as the opponent has not maintained the high tension wire and due to the negligence the accident occurred and the complainant suffered and the same leads to deficiency of service by the opponent and approached this Forum for compensation.

     After service of notice the opponent appeared through its council and filed the objections as below.

2. The opponent has denied the entire averments of the complainant, and states that the cause of action to file  the said complainant never arose at all and also submits that the alleged accident has not informed within the 24 hours, as per the electricity rules and the said complaint is filed, only to extract the amount form the opponent.  It is also submitted that no complaint is filed before the police, or panchayat, and FIR is also not registered regarding the said accident and prays for dismissal of the complaint.

3. The complainant and the opponent have filed their respective affidavits and arguments.  On going through the affidavits and arguments of both the parties, the points that arise for our consideration are as follows;

1. Whether there is deficiency of service on the part of the opponent as alleged in the complaint?

2. Whether the complainant is entitled for the relief sought for?

3. What order?

           The findings on the above points are as follows;

Point No.1 :– Affirmative

Point No.2 :- Partly affirmative

Point No.3 :- As per the final order

R E A S O N S

4. Point Nos.1 and 2:- It is the case of the complainant that on 12/05/2014 when she was doing the tailoring work at her shop, the three phase wire of the OP which was passing near her shop came in contact with the two phase wire and due to the said incident, the small electric motor attached to the sewing machine is burnt and the complainant also sustained injuries to her leg and back portion of her body, and spent Rs.61,200/-, for her treatment.

     In spite of the notice the opponent has not made any efforts to compensate the loss.  Hence, alleging the deficiency of the services of opponent, the complainant has approached this Forum praying for the remedies as shown in the complaint.

5. On verification of the complaint coupled with the documents and the objections of the opponent it is evident that the husband of the complainant has written the letter to the opponent regarding the incident occurred on 12/05/2014.  For that the opponent has replied on 03/06/2014 stating that, the said accident is not reported within 24 hours and as already 15 days passed and there are no evidences regarding the happenings of the accident and further says that, the opponent is unable to furnish the information and the application is forwarded to the higher officers for further action.  The opponent has filed the additional version on 19/03/2015 and even on that date also the opponent has not produced any document to show that what action was taken by the higher officers of the opponent, regarding the said incident.  Hence, keeping silence itself shows the acceptance of the incident and the deficiency of service of the opponent.  Our finding is also based on the decision rendered by the National Commission reported in C.P.J 2015 part-I in page No.195.

6. But on the other side the complainant is utterly failed to produce the required documents, to show the income.  The discharge summary of the hospital at Mysore shows that, the complainant is admitted on 12/05/2014 and discharged on 14/05/2014.  Further the disability certificate dated 25/07/2014 shows that there is a disability of 20% only.  Under these circumstances we are of the opinion that the complainant is entitle to receive the global compensation of Rs.50,000/- (Rupees fifty thousand only) along with Rs.17,840/- Hospital bill and Rs.3,074/- towards medicine bills and Rs.3,200/- car rent.

7. In view of the above the following ;

O R D E R

1. The complaint is allowed in part.
2. The opponent shall pay a sum of Rs.74,114/- (Rupees seventy four thousand one hundred fourteen only) along with  interest at the rate of 10% per annum  from the date of complaint along with Rs.2,000/- (Rupees two thousand) towards the cost of this complaint.
3. The opponent shall pay the above said amount within two months from the date of this order.
4. The complainant is at liberty to recover the same as per the law provides. 
5. Issue certified copies of this order at free of cost to the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 10^th   day of SEPTEMBER 2015)

      (LATHA.M.S.)            (V.A. PATIL)        (K.D. PARVATHY)       

         MEMBER               PRESIDENT               MEMBER

 ANNEXURE