This C.C coming on before us for final hearing, on 12-12-2008 in the presence of Sri.Rajasekhar Reddy, Advocate for Complainant, and in the presence of Sri. G.Harender Reddy, Advocate for the opposite parties ; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Sri.K.V.Kaladhar, Member )
1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986.
2. The brief facts of the complaint are that the complainant is having electricity service connection for her agricultural fields bearing No.554. The complainant is the absolute owner of an extent of Ac.2-38 cents in R.S.No.878 to 938/92 and an extent of Ac.3-64 cents in R.S.No.878 to 935/64/2 and total extent is Ac.6-02 cents in Narayanapuram village, Sathupalli mandal. That opposite parties running 11 KV electrical line running in between her agricultural lands. The complainant raised sugar cane crop in her lands in the year, 2006 and was riped for cutting.
3. That due to negligent maintenance of 11 KV electric line, it was fell down on 3-10-2006 at about 4-00 P.M. resulting total sugar cane crop lost in an extent of Ac.3-00 and also drip system panel board, cable wire and service connection wire and a hut situated in the land were completely damaged due to fire. It is the duty of opposite party to maintain 11 KV electric line properly and the opposite parties are liable to face any consequences due to improper maintenance of electric lines. The complainant suffered total loss of 150 tons of sugar cane crop besides drip system, panel board pipes, cable wire and service connection wire etc., which estimates nearly Rs.2,60,000/- for which the opposite parties are liable to pay compensation.
4. The complainant immediately intimated the incident to the opposite party No.1, fire department, M.R.O., Sathupalli, Village Secretary, Narayanapuram and to the police. The fire Department issued a certificate that due to fall of 11 KV wire, total crop in Ac.3-00 of the complainants sugar cane crop along with Panel Board pipes, Drip System, cable wire etc., were completely damaged. M.R.O. also conducted panchanama on 4-10-2006 and the opposite party No.1 also received intimation in writing under proper acknowledgment and the opposite party No.1 visited the complainant’s land and noted the loss and expressed that the same was happened due to lack of proper maintenance of 11 KV electric wires and further assured that the total loss will be compensated by them at an earliest. The opposite parties failed to keep up their promise, even though it was happened purely negligent maintenance of high voltage electric wire by the opposite parties and the complainant lost valuable crop besides accessories and this amounts to deficiency in service and also dereliction of duties.
5. The complainant got issued a registered notice to the opposite parties on 21-12-2006 and the same was received by them on 28-12-2006 and failed to give reply and failed to pay any compensation. Hence, this complaint.
6. Hence, it is prayed that the Hon’ble Forum may be pleased to pass an award in favour of the complainant and against the opposite parties to award Rs.2,60,000/- towards loss of sugar cane crop and to award compensation of Rs.1,00,000/- towards mental agony and to award costs of the complaint.
7. The complainant filed her affidavit and chief affidavit and also filed the following documents.
Ex.A.1 - Panchanama conducted by M.R.O., Sathupalli, dt.4-10-2006.Ex.A.2 - Fire Service attendance certificate, dt.4-10-2006.Ex.A.3- Complaint given by the complainant to the S.I. of police, Sathupalli, A.E. Sathupalli and Village Secretary, Narayanapuram, dt.4-10-2006.Ex.A.4- Three acknowledgements of opposite parties and one receipt of Speed post, dt.4-10-2006.Ex.A.5- Office copy of legal notice, dt.21-12-2006 with postal receipts, vide No.4058, 4059 addressed to the opposite parties. Ex.A.6- Photos four with negatives. Ex.A.7 - Electrical bill of complainant, dt.25-11-2006Ex.A.8 - Certificate issued by V.R.O., Bethupalli to the complainant, dt.18-3-2007.Ex.A.9- News Report in Andhra Jyothi daily, dt.5-10-2006.Ex.A.10- News Report in Eenadu Daily, dt.5-10-2006.
8. Opposite parties filed the following counter.
It is submitted that 11 K.V. Thumburu feeder from 33/11/ KV SS Gangaram is passing through various agricultural lands for giving electricial supply to agricultural pumpsets as well as to villages.
It is submitted that the department is maintaining the 11 KV feeder in a good condition, during May, 2007 pre-monsoon inspection was also conducted on the feeder and replaced the damaged insulaters and cleared the tree branches touching the feeder. Re-jumpering was also done during pre-monsoon inspection where ever necessary. And entire feeder was inspected during the P.M.I. and found that there are no damages to the conductor anywhere. That on 3-10-2006 there might have fire accident occurred to the hut situated in the agricultural land. Due to the flames raised the fire catched agricultural service wire of the consumer and thereby the conductor of the 11 K V, resulting into snapping of the conductor.
If the lines are not maintained properly it is not possible to give uninterrupted power supply to the consumers, hence the improper maintenance of lines does not arise due to fire accident occurred in the agricultural land of the party, an extent of half acre sugar cane crop was damaged. Hence, loss of 150 tons sugar cane crop as mentioned is not true.
Fire prevention department might have given certificate only on assumption because no one has witnessed the cause of action. The additional Assistant Engineer, Sathupalli, on intimation has visited the place and not given any assurance that the loss shall be compensated by him or by the department. Actually, the same day he has expressed his doubt on the fire accident, how it was occurred?
It is submitted that the Hon’ble Forum is lack of jurisdiction to entertain the complaint as several complicated questions of law and facts are involved then the complainant can file a civil suit by approaching the civil court which can only adjudicate the same, as such the complaint is not maintainable before Hon’ble Forum. .
Hence, it is prayed that the Hon’ble may be pleased to dismiss the complaint with exemplary costs.
9. Both the parties advanced their oral arguments.
1. Whether the damage occurred to the complainant due to the falling of 11 KV wire of the opposite parties?
2. The point for consideration is whether the complainant is entitled to claim damages as prayed for?
3. To what relief?
10. It is the contention of the complainant that he is having Ac.6.02 cents land in Narayanapuram village, Sathupalli and raised sugar cane crop in her lands in the year, 2006 and was riped for cutting. It is submitted that due to negligent maintenance of 11 KV electric line by the opposite parties the electric line fell down on 3-10-2006 at about 4-00 P.M. resulting total sugar cane crop loss in an extent of Ac.3-00 and also drip system, panel board, cable wire and service connection wire and hut situated in the land were completely damaged. This complainant suffered total loss of 150 tons of sugar cane crop besides drip system, panel board pipes, cable wire and service connection wire etc., which estimates nearly Rs.2,60,000/-. In this regard, the complainant intimated the incident to the opposite party No.1, fire department, M.R.O., Sathupalli, Village Secretary, Narayanapuram and to the police. The fire department issued a certificate and M.R.O. also conducted panchanama on 4-10-2006.
11. For this, the contention of the opposite parties is that the department is maintaining 11 KV Feeder in a good condition during May, 2007 pre-monsoon inspection was also conducted on the feeder and replaced the damaged insulators and cleared the tree branches touching the feeder. That on 3-10-2006 there might have fire accident occurred to the hut situated in the agricultural land. Due to the flames raised, the fire catched agricultural service wire of the consumer and thereby to the conductor of the 11 KV line, resulting in the snapping of the conductor. Hence, there was no deficiency in service on the part of opposite parties.
12. The opposite parties are also relied on the following decisions.
1) Supreme Court Cases (1999) 7 Supreme Court cases 298
CHAIRMAN, GRID CORPORATION OF ORRISSA LIMITED AND OTHERS
…Appellants
Vs.
SUKAMANI DAS (SMT) AND ANOTHER
…Respondents.
decided on September, 1999.
2) III 2004(CPJ) 645
TAMILNADU STATE CONSUMERS DISPUTES REDRESSAL COMMISSION, CHENNAI,
ASSISTANT ENGINEER, ELECTRICITY BOARD AND OTHERS.
…APPELLANTS
Vs.
V.RAJA
…RESPONDENTS
Decided on 3-6-2003.
Consumer Protection Act 1986 – Section 2 (1)(g) – Electricity – Sudden snapping of high tension over head wire – resulted fire, destroyed sugar cane crops – no hiring of service or consumer relationship exists – claim arising out of tortuous liability , not ad judicable by consumer court – Remedy before Civil Court.
13. We have perused the documents filed by the complainant and those documents were marked as Exs.A.1 to A.10.
14. As per the above documents, it is proved that the complainant is having Ac.6-00 of land and also she raised sugar cane crop in those lands. It is also proved that on 3-10-2006 that fire accident was occurred and due to this the complainant sustained loss of sugar cane crop apart from drip irrigation system. As per Ex.A.1, panchanama conducted by M.R.O., Sathupalli and Revenue Inspector, it is mentioned that in the last year also 11 KV electric line was cut and this was intimated to the opposite parties and they repaired the same. On 3-10-2006 the same electric line was cut and due to which the sugar cane crop and drip irrigation system was damaged. But the contention of the opposite parties is that this might have happened due to fire catch to their hut and this has caught to the service connection of the complainant and also to the 11 KV line and the 11 KV line was cut and fell on the ground. It is also admitted that the opposite parties visited after this fire accident and they denied that they did not give any compensation to the complainant. The opposite parties did not file any documentary evidence to show that this fire accident had happened due to catching of fire to the hut of the complainant situated in her field. Moreover, the complainant filed Ex.A.1, panchanama conducted by M.R.O. and Revenue Inspector and also fire services, attendance certificate by Station Fire Officer, Fire Station, Sathupalli. Both are Government servants and we cannot disbelieve the version of the M.R.O., Revenue inspector and Station Fire Officer.
15. We have also perused the citations filed by the opposite parties in first citation by Supreme courts in that case, the widow filed writ petition against the Grid corporation, claiming the death of her husband on the ground that while walking on the road the deceased has contacted with a live wire, which has been lying on the road. After getting snapped from the over head electric line because of negligent act of the Grid Corporation . For this the Grid Corporation raised the objection that the wire had got snapped because of thunderbolt and lightning, immediately after no doubt power was disconnected. Hence, the above facts are not applicable to this case. Regarding to the second citation before the Tamil Nadu SCDRC, sudden snapping of high tension over head wire – Resulted fire, destroyed sugar cane crops. No hiring of service or consumer relationship exists – Claim arising out of tortuous liability not adjudicable by consumer court – Remedy before Civil Court. This issue also has decided by the National Commission in the following cases.
16. Karnataka Power Transmission Corporation Ltd., Vs. Mani Thomas II (2006) CPJ 245 (NC)
Defective low tension electric line – Hanging electric lines came into contact with each other resulting in short circuit, followed by fire – entire plantation of complainant got burnt – Case of opposite party, damage not due to short-circuit, but because of inadvertent throwing of lighted cigarettes – No material to substantiate said contention – Fire due to wires left loose at height of 8 ft – Deficiency in service proved – compensation payable (Appeal dismissed)
National Commission and Supreme Court on Consumer Cases 1986 – 2004 , Electric current – Safe electric current through wires not provided – Compensation awarded – No error in order ( Assistant Executive Engineer Vs. SriN.Gouda Siddanagouda Patil)
Electricity – Complainant took electric connection to agricultural fields – Electric poles fell down – negligent in not maintaining – negligence of the department (Sri Kamala Prasad Thiwari Vs. Junior Engineer)
17. That as per Ex.A.1 it is proved that earlier occasion also the 11 KV wire was cut and fell down this was repaired by the electricity employees and the same wire was cut in this occasion also resulted fire accident and loss of sugar cane crop and drip irrigation system. As per the above decisions by National Commission Electric authorities are negligent in not maintaining and repairing electric lines which were damaged due to negligence of the department.
18. Hence, we are of the opinion that the opposite parties are liable to pay compensation to the complainant. Another contention raised by the opposite parties is that this forum has got no jurisdiction to entertain this matter as the complicated facts are there. This issue also decided in various cases that there was no bar to entertain the complicated questions by the District consumers Forum. In those cases, it was stated that the President of District consumer Forum was retired District Judge and he can adjudicate the matter even complicated law and facts. Even there is no bar that the complainant or opposite parties can lead oral evidence.
19. Hence, we are of the opinion that the opposite parties did not produce any documentary evidence to show that the fire accident had occurred due to fire in the hut and due to which the sugar cane crop and drip irrigation system was damaged. Moreover, the complainant filed documentary evidence to show that the fire accident had occurred due to snapping of 11 KV wire passing through her fields due to which her sugar cane crop and drip irrigation system damaged and she incurred loss of Rs.2,60,000/-.
20. Hence, we are of the opinion that this had happened purely due to negligent maintenance of 11 KV wire by opposite parties and we are awarding Rs.2,00,000/- towards loss of crop and drip irrigation system to meet the ends of justice. However, we are not awarding any amount of damages towards mental agony.
21. Hence, we direct the opposite parties to pay an amount of Rs.2,00,000/- (Rupees two lakhs) to the complainant within one month from the date of this order otherwise the complainant is entitled to 9% interest from the date of complaint i.e. 6-10-2007 till the date of realization and also we are awarding an amount of Rs.500/- (Rupees five hundred only) towards litigation costs. Accordingly, the C.C. is allowed.
Dictated to the stenographer , Corrected and pronounced by us, in this Open Forum on this 23rd day of December, 2008
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite parties
Nil Nil
DOCUMENTS MARKED FOR
Complainant
Ex.A.1 - Panchanama conducted by M.R.O., Sathupalli, dt.4-10-2006.
Ex.A.2 - Fire Service attendance certificate, dt.4-10-2006.
Ex.A.3- Complaint given by the complainant to the S.I. of police, Sathupalli, A.E. Sathupalli and Village Secretary, Narayanapuram, dt.4-10-2006.
Ex.A.4- Three acknowledgements of opposite parties and one receipt of Speed post, dt.4-10-2006.
Ex.A.5- Office copy of legal notice, dt.21-12-2006 with postal receipts, vide No.4058, 4059 addressed to the opposite parties.
Ex.A.6- Photos four with negatives.
Ex.A.7 - Electrical bill of complainant, dt.25-11-2006
Ex.A.8 - Certificate issued by V.R.O., Bethupalli to the complainant, dt.18-3-2007.
Ex.A.9- News Report in Andhra Jyothi daily, dt.5-10-2006.
Ex.A.10- News Report in Eenadu Daily, dt.5-10-2006.
Opposite parties
Nil
President Member Member
District Consumers Forum, Khammam
