Karnataka

Chitradurga

CC/25/2020

K.T.Asha D/o Late Rangamma, - Complainant(s)

Versus

The Assistant Executive Engineer,operation and maintainace,BESCOM - Opp.Party(s)

Sri.Thippeswamy.N

30 Sep 2021

ORDER

COMPLAINT FILED ON: 17/03/2020

DISPOSED ON: 30/09/2021

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:25/2020

DATED: 30^th September 2021

PRESENT: -     Smt. H.N. MEENA. B.A., LL.B.,    PRESIDENT

                                Sri. G. SREEPATHI, B.Com. LL.B.,   MEMBER   

                        Smt. B.H. YASHODA.    B.A., LL.B.,    MEMBER

                                                                           

…COMPLAINANT/S	Sri.K.T. Asha, D/o Late Rangamma, Aged about 29 Years, Collie, R/o S.H. Halli Gollarahatty, Holalkere Taluk, Chitradurga District.   (Rep., by Sri. N. Thippeswamy, Advocate)
V/S
….OPPOSITE PARTY/S	The Assistant Executive Engineer, Operation and Maintenance, Bescom, Rural Sub-Division, Holalkere. The Executive Engineer (Elec), Operation and Maintenance, Bescom, Chitradurga. The Superintending Engineer (Elec), Operation and Maintenance, BESCOM, Chitradurga.  (Rep., by Sri. T.K. Chandrashekara Rao,   Advocate)

                                                     

 

 

                                                          :ORDER:                                         

Smt. B.H. Yashoda, Lady Member.

The above complaint has been filed by the complainant under section 12 of the Consumer Protection Act 1986 for the relief to direct the Ops to pay Rs. 18,00,000/- with 12 % interest within 30 days from the receipt of the order passed by the Hon’ble Forum and such other reliefs deemed fit to grant in the circumstances of the case in the interest of Justice.

        THE BRIEF FACTS OF THE COMPLAINT:-

        The Complainant is the daughter of the deceased Rangamma w/o Late Thimmappa. It is submitted that Op No.1 to 3 are the service provider authority with respect to the electric supply to the Consumers and the bounden duty casted upon to take care and safety measures to safeguards the interest of the electricity users as well as the electricity supply. The complainant and her family members are obtained electricity connection to their home in the village by the Ops No.1 and 3. Hence the complainant is a consumer of the Ops.

        The complainant also submitted that, on 02/07/2019, at about 7-30 A.M. the mother of the complainant by name Rangamma W/o Late Thimmappa go to bring the grass for her animals from the garden belongs to one Hanumanthappa S/o Thimmappa Gunjignuru. In the said land the electric wire lay down on the land due to negligence and non-maintenance of the Ops, the said wire unfortunately touched to the said Rangamma and she died at spot by electric shock.

        After that incident, the Criminal case was registered against the Ops in Chikkajajauru Police Station, their station Crime No.101/2019. For this, after investigation, the police have filed the charge sheet against the Ops. The final report of the police have clearly shows that the deficiency in service on the part of Ops.

        The complainant also submits that at the time of death, the deceased Rangamma was aged about 39 years and working as an agriculturist and earning Rs. 10,000/- per month and for that income, the complainant and her family members are fully depending.

        The complainant in his complaint alleges that Op No.1 to 3 are electric suppliers and their duty is to maintain the electric supply in good condition, but the Ops No.1 to 3 have not maintained the electric line in good condition. As such, the mother of the complainant, Rangamma died due to negligent act of the Op No.1 to 3 the complainant and her family have paid the electricity bill to get power from the ops. But the Ops have not maintained the electric supply properly, this act of Ops clearly shows that there is deficiency in service to its customers. As such, it is evident that the Ops have done unfair trade practices and shows dereliction of duties and deficiency of service towards complainant. Complainant issued a legal notice through her counsel to the Ops. After receiving the said notice, the Ops have complied by denying the contents of the notice and not settled the claim of the complainant. The said attitude of the Ops is clearly shows that, the Ops have made deficiency in service and done unfair trade practice towards the complainant, hence the complainant has filed this complaint before this Hon’ble Commission. The complainant submits that all the Ops have done unfair trade business and caused deficiency in service to the complainant, due to this act, the complainant has lost her mother. Due to this, the complainant has suffered from loss and mental agony. As such, the complainant has claimed compensation in different heads in total claim amount is Rs. 18,00,000/- against the Ops. Further, the complainant has prayed before this Hon’ble Forum the incident in question was occurred due to negligent act of the Ops, as such, both Ops are jointly and severally liable to pay the claim of the compensation.

        Further, nowhere in the complaint the complainant as elucidated, when the cause of action arose for this complaint.

        After registering the complaint, issued notice to ops and duly served to the Ops. After receipt of notice from this Commission, the Op No.1 has appeared through their counsel and filed their written version by denying the allegations made by the complainant and the same  for Ops No.2 and 3 have filed adoption memo.

        According to the version filed by the Ops, through Sri. T.K. Chandrashekara Rao, Advocate, Chitradurga, the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine. The complainant has no locus standi to initiate the present proceedings and this complaint is bad for non-joinder of necessary and proper party to the proceedings. It is submitted by the Ops that electrical lines passing through the land belongs to one Hanumanthappa s/o Thimmappa and Ramesh was perfectly maintained in all respects and there was no complaint from anybody to the Ops.

Further, the Ops No.1 to 3 in order to give power supply to the pumpset of Sri Hanumanthappa S/o Thimmappa  of Ginjiganur and to the land of Ramesh, Ops had drawn electrical wire passing through the land of Hanumanthappa s/o Thimmappa and Ramesh, resident of Gunjiganur, Holalkere Taluk to provide electric supply to the garden land of said Hanumanthappa and Ramesh of Gunjiganur, Holalkere Taluk, this electrical line was drawn by Op No.1 to 3 much earlier before planting to Arecanut and coconut trees but subsequently said Hanumanthappa and Ramesh have grown Coconut and Arecanut trees and Coconut trees before the said electrical line violating the electricity Act 2003 and Rules. Such being the case the said Hanumanthappa and Ramesh in order to facilitate to pluck the Coconut and Arecanut of their land meddle with this electrical line and tied the electrical line/wire to the last span passing in the garden land by drip wire and tied to the Coconut tree which is  against to Electrical Act and Rules which lead to short Circuit of electrical line by wind and rain and as a result of which,  heat generated in the electrical wire and as a result that lead to short Circuit and the said wire was melt down and fallen on the ground on 02/07/2019 in the land of said Hanumanthappa and Ramesh of Gunjiganur, Holalkere Taluk. Smt Rangamma on 02/07/2019 between 7.30 am to 8.00 a.m. went to the land of said Hanumanthappa and Ramesh and came in contact with fallen electrical wire and died due to electrocution, this illegal and prohibited Act of said Hanumanthappa and  Ramesh that lead to the accident this act of meddling with the electrical wires and lines, poles belonging to Op.1 to 3 is prohibited under electricity Act 2003 and time to time rules thereon. Therefore, Ops are not responsible to this accident and liable to pay any compensation to the complainant as prayed for in the complaint. The Ops have not committed any deficiency of service or negligence of service in this case.

         It is specifically submitted by the Ops that said Hanumanthappa and Ramesh, the land owners in whose lands the unfortunate incident occurred due to their illegal act as narrated above are responsible to pay compensation if any ordered by the Hon’ble Forum. It is submitted that the said Hanumanthappa and Ramesh, resident of Gunjiganur, Holalkere Taluk, are necessary party to this complaint. Hence the complaint is bad for non-joinder of the said Hanumanthappa and Ramesh to this complaint. The Deputy Electrical Inspectorate, Davanagere, who is empowered to conduct the enquiry regarding cause of accident as per Electricity Act 2003, has conducted detailed enquiry and submitted report to the principal Secretary Energy Department, Vikas Soudha, Ambedkar Veedhi, Bangalore vide No. «¥À/r.«.f/C¥ÀWÁvÀ-¹.n.J.-15/2384-93/2019-20 on 31/08/2019 stating that due to illegal act of Hanumanthappa and Ramesh, resident of Gunjiganur who meddle with the electrical lines of Op No.1 to 3 as narrated in the report is the cause for accident and they are responsible to the said accident. The Assistant Executive Engineer and Section Officer of the concerned area visited the accident spot and given detailed narration, facts and sketch of the accident spot and on enquiry by Ops. It is evident that the illegal act of Hanumanthappa and Ramesh of Gunjiganur that lead to this accident. Therefore, there is no deficiency in service on their part and prays for dismissal of the complaint.

        The complainant was examined as P.w.1 by filing Affidavit Evidence and the documents Ex A-1 to A-8 were got marked and closed their evidence. On behalf of Ops T.K. Thippeswamy Asst., Executive Engineer, Bescom, Holalkere, Op No.1 in the above case has examined as D.w.1 by filing their respective affidavit and relied on documents Ex B.1 to B.9 and closed their evidence.

        Both the complainant and the Ops have filed their written Arguments through their Advocates, Arguments heard both sides.

        On perusal of the facts of the complaint and version and also written arguments filed by the complainant and Ops. Now, the points that arise for our determination for decision of above complaint are:

1. Whether the complainant proves that the deceased Rangamma was died due to electric shock and the Ops have not maintained the electric live wire properly and committed deficiency in service?
2. Whether the complainant proves that he is entitled for the relief as sought for?
3. What order?

Our findings on the above points are as follows:-

1. Point No.1:- Negative.
2. Point No.2:- Negative.
3. As per final order.

-:: REASONS ::-

Point No.1 and 2:-

        According to the chief Affidavit submitted by the complainant that on 02/07/2019, at about 7.30 A.M. the mother of the complainant i.e., Rangamma go to bring the grass for animals from the garden belongs to one Hanumanthappa S/o Thimmappa of Gunjiganur, at that time in the said land the electric wire lay down on the ground due to negligence and non-maintenance of the ops, the said wire unfortunately touched to the said Rangamma and she died at spot by electric Shock. For this the Chikkajajuru Police after the investigation have filed the charge sheet against the Ops as per Ex A.1 to A-8. The complainant has submitted that the deceased Rangamma was aged about 39 years, during her life time she was an agriculturist and earn monthly income of Rs. 10,000/- from the said avocation and her family member are depending upon the income of said deceased Rangamma. As such, the complainant prays before the Commission to direct to pay the amount of Rs. 18,00,000/- with 12% interest within 30 days from the date of receipt of the order passed by this Hon’ble Commission. That the complainant has not submitted any documents to show that they are the Consumer of Op.1 to 3 and also the complainant have not arrayed the necessary party land owner i.e., Hanumanthappa and Ramesh in this complaint. The complainant has produced memo dated 18/08/2021 along with one electric bill in the name of one Ajjaiah vide R.R. No. SHL13508 and House Tax-paid receipt pertains to her residence in the name of mother of complainant Rangamma.  As such, these 2 documents are not been considered in favour of complainant. Complainant has failed to prove the negligence of Op’s in this incident.

        On behalf of Ops T.K. Theppeswamy Asst., Executive Engineer, BESCOM, Holalkere, Op No.1 in the above case has examined as D.w.1 by filling their respective affidavit and relied on documents Ex B-1 to B.9. As per their Affidavit saying, that in order to give power supply to the Pump set of Hanumanthappa S/o Thimmappa of Gunjiganur and to the land of Ramesh. Ops have drawn the electrical wire passing through the land of Hanumanthappa S/o Thimmappa and Ramesh land to provide electric supply to the garden land of said Hanumanthappa and Ramesh subsequently, the said Hanumanthappa and Ramesh have planted the Arecanut and Coconut trees below the Electric Line which is against to the Electricity Act. That prior to the planting of Arecanut and Coconut trees, the Ops have drawn the electric line for power supply to the pumpsets of Hanumanthappa and Ramesh. The said Hanumanthappa and Ramesh in order to facilitate to pluck the Coconut and Arecanut of their land meddle with this electrical line/wire to the last span passing the garden land by drip wire and tied to the Coconut tree against to Electrical Act and Rules which lead to short circuit of Electrical line by wind and rain and as a result of which arc and heat generated in the electrical wire and as a result of which arc was generated and that lead to short circuit and the said wire was melt down and fallen on the ground on 02/07/2019 in the land of said Hanumanthappa and Ramesh the said Rangamma on 02/07/2019 between 7.30 a.m. to 8 a.m. went to the land of said Hanumanthappa and Ramesh and came in contact with fallen electrical wire and died due to electrocution. This illegal and prohibited act of said Hanumanthappa and Ramesh that lead to this Accident. This act of meddling with the electrical wires and lines, poles belonging to Op No.1 to 3 is prohibited under Electricity Act, 2003 and time to time rules thereon. So, the Ops are not responsible to this accident and not liable to pay any compensation to the complainant as prayed in her complaint.

        Further the Ops are submitted the Hanumanthappa and Ramesh are the land owners in whose lands the unfortunate incident occurred. Due to their illegal act as explained above are responsible to pay compensation if any ordered by the Hon’ble Commission and the said Hanumanthappa and Ramesh are necessary party to this complaint. As such this complaint is bad for non-joinder of the said Hanumanthappa and Ramesh to the complaint.

        The Deputy Electrical Inspectorate, Davanagere, who is empowered to conduct the enquiry regarding cause of accident as per electricity Act-2003 has conducted detailed enquiry and submitted report to the principal secretary. Energy Department, Vikas, Soudha, Ambedkar Veedhi, Bangalore on 31/08/2019 stating that due to illegal act of Hanumanthappa and Ramesh resident of Gunjiganur who meddle with the electrical lines of Op No.1 to 3 as narrated in the report is the cause for accident and they are responsible for the said accident the Assistant Executive Engineer and section Officer of the concerned area visited the accident spot and given detailed narration, facts and sketch of the accident spot and on enquiry by Ops it is evident that the illegal act of Hanumanthppa and Ramesh and Gunjiganur that lead to this accident.

        On perusing the merits of the case and documents submitted by both, the complainant and also Ops, it is evidently comes to the conclusion of this Hon’ble Commission that there is no deficiency in service on their part and prays for dismissal of the complaint. It is crystal clear that there is no prime faciely shows that there is deficiency of service in the part of the Ops.

        As such, this point No. 1 and 2 is taken into consideration as negative, as the complainant has not proved that he is entitled to get relief from the Ops.

                                        ORDER

        The present complaint against the Ops is dismissed with no cost.

(Dictated to the stenographer, and typed in the Computer and   transcribed by him, verified and then pronounced in the Open Commission by us on this the 30^th day of September 2021).

 

 

LADY MEMBER               MEMBER              PRESIDENT

                                       : Annexures:

PW-1:  Asha K.T. D/o Late Rangamma, complainant by way of affidavit evidence.

 

Documents marked on behalf of Complainant:

 

01	Ex-A-1:-	FIR with complaint
02	Ex-A-2:-	Spot Mahazer
03	Ex-A-3:-	Sketch copy
04	Ex-A-4:-	Inquest Mahazer
05	Ex-A-5:-	Statements
06	Ex-A-6:-	Post Mortem reports
07	Ex-A-7:-	Charge sheet
08	Ex-A-8:-	Legal notice posted receipts

 

 

 

 

Witnesses examined on behalf of OP:

 

DW-1: Sri. T.K. Thippeswamy S/o Kalachar, Major, working as Assistant Executive Engineer, Bescom, Holalkere, by way of affidavit evidence.

 

Documents marked on behalf of OPs

01	Ex-B-1:-	Bescom report dated 02/07/2019
02	Ex-B-2:-	Statement of Asst., Engineer, Bescom, Chikkajajur.
03	Ex.B-3:-	Police complaint given to inspector of Police Chikkajajru.
04	Ex.B-4:-	Asst., Executive Engineer, Bescom letter dated 23/07/2019
05	Ex.B-5:-	Sketch of the accident spot
06	Ex.B-6:-	Sketch of the accident spot
07	Ex.B-7:-	Report of Electrical Inspectorate, Davanagere, vide No. 2384-93, dated 31/08/2019
08	Ex.B-8:-	Reply to legal notice issued to B. Ashok Kumar, Advocate on 03/09/2019
09	Ex.B-9:-	Regd., post receipt dated 04/09/2019 reply sent.

 

 

 

LADY MEMBER               MEMBER              PRESIDENT   

Kms.