Karnataka

Kolar

CC/20/2017

Smt.Ushadevi - Complainant(s)

Versus

The Asst.Executive Engineer - Opp.Party(s)

Sri.D.V.Vishwanatha Gowda

28 Feb 2018

ORDER

Date of Filing: 22/02/2017

Date of Order: 28/02/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 28^TH DAY OF FEBRUARY 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO.20 OF 2017

M/s. Smt. Usha Devi,

D/o. Late Kuppaiah Naidu,

Aged About 62 Years,

No.386/AB, Near Over Bridge of

NH-7 Road, DC Office Road,

Chikkaballapur City & District.

Pin Code: 562 101.                                                ….  COMPLAINANT.

(Rep. by Sri. D.V. Vishwanatha Gowda, Advocate)

 

- V/s -

1) The Assistant Executive Engineer,

BESCOM, Chikkaballapur Sub-Division,

B.B. Road, Chikkaballapur City & District.

Pin Code: 562 101.

(Rep. by Sri.Karthik.B.Y.  Advocate)

 

2) The Executive Engineer,

BESCOM, Chikkaballapur Sub-Division,

B.B. Road, Chikkaballapur City & District.

Pin Code: 562 101.

(Rep. by Sri.Karthik.B.Y.  Advocate)

 

3) The Superintending Engineer, (Elecl)

Kolar Circle Office, Bangalore Road,

Kolar City & District,

Pin Code: 563 101.

 (Rep. by Sri.Karthik.B.Y.  Advocate)                            …. OPPOSITE PARTIES.

 

-: ORDERS:-

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint Under Section 12 of the Consumer Protection Act, 1986 against the opposite parties and has sought relief of loss of Rs.9,00,000/- due to alleged high voltage of electricity with compensation against OP Nos.1 to 3.

 

02.   The brief facts of the complaint case is that, the complainant has taken 3 phase 4 wire system of electricity connection from OP No.1 to her residential house for domestic purpose.  The OP No.1 has installed converter from transformer which is situated near her house.  The OP No.1 was supposed to keep safety guards to avoid contact of animals and birds, etc.,.  The OP No.2 has not taken any proper precaution so as to keep the safety guards to avoid contact of animals and birds etc.,.  On 13.10.2015 a big lizard has climbed the HT structure bracket and 11 KV came in to contact with high tension live power as against regular supply of 220 volts and got electrocuted and electrical equipments like TV, Fridge, etc., installed in the complainant’s house were got damaged i.e., as stated at Page-3 of Para-(e) of the complaint to an extent of Rs.7,74,680/- and were completely burnt due to the said unfortunate fire accident.  The complainant incurred loss of the said items.

 

(a)    The complainant’s family were made to suffer of the losses due to the faulty maintenance of the Ops and the complainant is entitled for the loss of Rs.9,00,000/-. 

 

(b)    The complainant has submitted two documents along with the complaint i.e.,

(i) Acknowledgement dated: 18.10.2015 issued by Chickballapura Rural PS.

 

(ii) Complaint dated: 05.01.2016 given by the complainant addressed to Electricity Inspector, Bangalore.

 

03.   The OP Nos.1 to 3 appeared before this Forum through their advocate.  OP No.1 has filed version.

 

(a)    The OP No.1 has contended that, the said complaint is not maintainable.  The complainant has filed the said complaint based on the concocted story.  In the present case the meter is working intact and short circuit is not caused externally and it is due to internal fault within the house. Only partial internal wiring has been burnt.  And the alleged damage was caused due to internal wiring fault.  And it is the duty of the complainant to maintain the internal wiring intact as per IE Rules. 

 

(b)    OP No.1 further contended that, in the report of Deputy Chief Electrical Inspector it clearly observed that, the guy wire has been shifted by one M/s. Shell Apparels from its original place and someone had set fire near transformer due to which, the wire were burnt.  The said fact was within the knowledge of the complainant and she has suppressed the same. 

 

(c)    The OP No.1 has denied that, they have not maintained safety measures and they have taken all the precautions and safety measures which is evident by tripping of 11 KV line (F8 feeder) within no time and no damages would be caused to the complainant by the alleged short circuit dated: 13.10.2015.  The said complaint is baseless and untenable. 

 

(d)    The allegation made in the complaint that, the damages caused to the electrical and electronics property is due to the flow of high voltage is false and incorrect and the same is caused due to negligent act of the complainant, as she has not undertook any safety precautions to her house.

 

(e)    OP No.1 further contended that, as per the records of the wiring of the complainant’s premises it has been carried out by one Sri. C.S. Narayana Swamy, who is none other than the husband of the complainant and the complainant has filed this complaint illegally.  The complainant has failed to maintain the earthing to avoid overload and adopted cost cutting method which leads to alleged damages. 

 

(f)     In the present case the electrical inspector has inspected the installation on 01.02.2016 and on 05.02.2016 and reported that, there was portion of wiring found burnt and other circuit is healthy and it indicates burning of cables is not due to passing of 11 KV or high voltage as alleged by the complainant.  The complainant has not produced any document or report of the expert to show that, damages caused is due to flow of high voltage current externally.  The calculation of the damage caused is shown as higher side.  The complainant in her voluntary statement before the police and in the letter addressed to the OPs has stated that, the cost is only Rs.63,000/- and in the subsequent letter the same has been shown as Rs.7,74,680/-, which is unjust and OP No.1 prays the Forum to dismiss the complaint.

 

(g)    OP No.1 has produced following three documents along with the version:-

(i) Report of the wiring dated: 28.05.2015 issued by the Assistant Engineer (Elecl.), O & M Unit-4, Urban Sub-Division, BESCOM, Chikkaballapura.

 

(ii) Letter dated: 04.02/2016 issued by the Sub-Inspector Of Police, Chikkaballapura Rural Station, Chikkaballapura addressed to The Chief Executive Engineer, Chikkaballapura Taluk.

 

(iii) Complaint dated: 05.01.2016 addressed to Electrical Inspector, Bangalore North.

 

04.   The complainant has filed her affidavit evidence by way of examination-in-chief and filed list of documents as follows:-

(i) Original covering letter addressed to C.S. Narayanaswamy by AEE, BESCOM, Chickballapur.

(ii) True copy of completion report issued by AEE., BESCOM, Chickballapur.

 

(iii) True copy of completion report issued by AEE., BESCOM.

 

(iv) True copy of the receipt for having purchased three phase energy meter.

 

(v) True copy of the Test Certificate issued by AEE., BESCOM, Bangalore.

 

05.   On 14.08.2017 the learned counsel appearing for complainant has submitted Memo along with following two documents:-

(i) One C.D. and 08 photographs.

 

(ii) Copy of the receipt bearing No.930188, dated: 26.07.2017 issued by The Deputy Chief Electrical Inspector, Bangalore Addition North Zone, Bangalore.

 

(iii) Copy of the letter pertaining to RTI information dated: 28.07.2017 addressed by the Public Relation Officer, Electrical Inspector, Office of the Sub-main Electrical Inspector, Bangalore Additional North, Bangalore, to Complainant.

 

(iv) Copy of the letter dated: 03.11.2015 issued by the Electrical Inspector, Office of the Sub-main Electrical Inspector, Bangalore Additional North, Bangalore, to the Additional Chief Secretary, Fuel Department, Vikasa Soudha, Bangalore.

 

(v)  Copy of the letter dated: 25.02.2016 issued by the Electrical Inspector, Office of the Sub-main Electrical Inspector, Bangalore Additional North, Bangalore, to the Additional Chief Secretary, Fuel Department, Vikasa Soudha, Bangalore.

 

06.   On 12.09.2017 the learned counsel for complainant has submitted Memo along with three true copies of the acknowledgments issued by the PSI, Chickballapura Rural P.S.  Further On 12.01.2018 counsel for complainant has submitted Memo with following documents:-

(i) Copy of the letter dated: 22.04.2016 issued by Superintending Engineer (Elec), BESCOM, Kolar, to The Executive Engineer (Ele.), BESCOM, Chikkaballapura.

 

(ii) Form-Y i.e., Estimate and Agreement issued by the Girish Electricals, Government Electrical Contractor, Chikkaballapura,

 

(iii) True copy of the Panchanama issued by the Police Inspector, Rural Police Station, Chikkaballapura.

 

(iv) Copy of logo pertaining to the Sri Vidyanikethan Education Trust.

 

(v) Copy of lease deed dated: 09.09.2013.

 

(vi) Copy of Trust Deed dated: 11.09.2013

 

(vii) Document pertaining to resolution dated:10.09.2015.

 

(viii) Copy of receipt dated: 15.12.2014 issued by the Department of Stamps and Registration.

 

(ix) Copy of the order dated: 30.05.2014 issued by the Education Department.

 

(x) Copy of the Memorandum dated: 28.07.2014 issued by the Pre-University Education Department.

 

(xi) Copy of the certificate pertaining to Nil complaint against the College.

 

(xii) Copy of the Building Completion Certificate

 

(xiii) Copy of the Foundation Certificate.

 

07.   On 12.09.2017 the learned counsel appearing for OP No.1 has submitted affidavit evidence of one Sri. Manjunath, The Assistant Executive Engineer, BESCOM, Chikaballapur Sub Division, Chickballapur, by way of examination-in-chief with list of Documents as follows:-

(i)       Office copy of report dated: 15.02.2016 along with accident report Form 44A

(ii) Message Report

(iii) AEE Report

(iv) AE Report

(v) FIR

(vi) Sketch

(vii) Station details.

 

08.   On 17.10.2017 the learned counsel appearing on behalf of Ops has filed written arguments. We have heard arguments on both sides. 

 

09.   Now the points that do arise for our consideration are:-

(1) Whether the complainant has proved deficiency in service on the part of Ops?

(2) Whether the complainant is entitled for the relief prayed for in the complaint?

(3) What order?

 

10.   Our findings to be above points are:-

POINT (1):-      In the Affirmative

POINT (2):-      Partly Affirmative

POINT (3):-      As per the final order

                                        for the following:-

REASONS

POINT (1) & (2):-

11.   These points are taken up together for discussion to avoid repetition of facts.        It is an admitted fact that, the complainant is a consumer of OP bearing RR No. CN44266 and the incident was took place on 13.10.2015 with respect to high voltage and in that regard the complainant has suffered loss and damage of electrical materials amounting to Rs.7,74,680/- due to Ops negligent in not safe-guarding anti-climbing Device.  Ops have contended that, there is no fault on their part as every customer should install MCCB to avoid short circuit and only internal wiring of the house were burnt.

 

12.   On perusal of the copy of the complaint produced by the complainant dated: 05.01.2016 wherein it revealed that, fire incident was took place on 31.10.2016 and in that regard she has lodged complaint and in the said complaint the complainant has narrated the incident that took place on 13.10.2015.  Wherein in the said complaint she has clearly stated that, in the said incident there is no any short circuit and as they installed quality of electrical materials and after the incident RCCB and MCB are tripped and there is no heavy damage and there is no heavy loss.  On perusal of the complaint she has stated about damages of 12 materials amounting to Rs.7,74,680/-, but there is no any basis to claim the said amount and so also there is no supporting evidence to that effect.  The complainant has also not filed any photographs of the damaged materials which were caused in the alleged incident and no mahazar was drawn about the damages of the materials as alleged.

 

13.   On perusal of the report of the Deputy Chief Electrical Inspector, Bangalore Additional North Zone, Bangalore, when an investigation has been down on 15.10.2015 and 20.10.2015 and the report of one Radha, the assistant electrical inspector are corroborated and it revealed that in the alleged incident dated: 13.10.2015 16 amps indocaup MCB was burnt and the same has been shown by the complainant, two LED bulbs and one V-guard Stabilizer were burnt and the same were shown by the complainant.  In the corridor 02 LED bulbs was fallen down which were shown by the complainant and apart no other damages were found due to the alleged electrical fire incident.

 

14.   Now it is relevant to state here that, on perusal of the case file and also the documents with respect to the causing of the alleged fire accident it reveals that, the said accident was caused due to the contact of lizard to the insulator and fuse was burnt and high voltage power passes.  Wherein the Ops failed to guard the said insulator to avoid the such contact.  On perusal of the said Deputy Chief Electrical Inspector report dated: 03.11.2015 it revealed that about the cause for incident is as hereunder:-

“11. ¨ÉAQ C¥ÀWÁvÀPÉÌ PÁgÀt:

       vÀ¤SɬÄAzÀ w½zÀħAzÀAvÉ, 25 PÉ.«.J «zÀÄåvï ¥ÀjªÀvÀðPÀzÀ, ºÉZï.f ¥sÀÆåeï AiÀÄĤmï£À, PÀ©âtzÀ PÁèA¥ï ªÀÄvÀÄÛ 11 PÉ.«. dA¥ï vÀAwAiÀÄ £ÀqÀÄªÉ MAzÀÄ NwPÉÃvÀªÀÅ §AzÁUÀ, PÀ©âtzÀ CqÀØ¥ÀnÖAiÀÄ ªÀÄÄSÁAvÀgÀ, EzÀPÉÌ ºÉÆA¢PÉÆArzÀÝ, J¯ï.n. «zÀÄåvï ªÀiÁUÀðzÀ £ÀÆålæ¯ï vÀAwAiÀÄ°è 11 PÉ.« «zÀåvï PÀëtÂPÀªÁV ¥ÀæªÀ»¹zÁUÀ, ¸ÀzÀj «zÀÄåvï ¥ÀjªÀvÀðPÀ¢AzÀ «zÀÄåvï ¸ÀgÀ§gÁdÄ ºÉÆA¢zÀÝ, J¯ï.n «zÀÄåvï ¸ÁܪÀgÀUÀ¼À°è £ÀÆålæ¯ï ªÁºÀPÀzÀ ªÀÄÆ®PÀ C¢üPÀ «zÀÄåvï ¥ÀæªÀ»¹gÀĪÀÅzÀÄ ¸ÀzÀj ¨ÉAQ C£ÁºÀÄvÀPÉÌ PÁgÀtªÁVgÀÄvÀÛzÉ JAzÀÄ w½zÀÄ §A¢gÀÄvÀÛzÉ.”

 

15.   Further suggestions given as hereunder:-

“V. C¥ÀWÁvÀ ªÀÄgÀÄPÀ½¸ÀzÀAvÉ «zÀÄåvï ¸ÀgÀ§gÁdÄzÁgÀjUÉ w½¸À¯ÁzÀ CA±ÀUÀ¼ÀÄ:-

       «zÀÄåvï ¥ÀjªÀvÀðPÀUÀ¼À°è ¸ÀÆPÀÛ ¸ÁªÀÄxÀåðzÀ ¥sÉÆådUÀ¼À£ÀÄß C¼ÀªÀr¸ÀĪÀÅzÀÄ ªÀÄvÀÄÛ ¨sÀƸÀA¥ÀPÀð G¥ÀPÀgÀtUÀ¼À£ÀÄß ¸ÀÄgÀQëvÀªÁVgÀĪÀAvÉ ¸ÀªÀÄ¥ÀðPÀªÁV PÁ¥ÁqÀĪÀÅzÀÄ ªÀÄvÀÄÛ «zÀÄåvï ¸ÀgÀ§gÁdÄ PÀ°à¸ÀĪÁUÀ ¸ÁܪÀgÀzÀ°è ¸ÀÆPÀÛ gÀPÀëuÁ G¥ÀPÀgÀtUÀ¼ÀÄ EgÀĪÀÅzÀ£ÀÄß ªÀÄ£ÀªÀjPÉ ªÀiÁrPÉƼÀÄîªÀÅzÀjAzÀ F jÃwAiÀÄ C¥ÀWÁvÀUÀ¼À£ÀÄß ¤AiÀÄAwæ¸À®Ä w½¸À¯ÁVzÉ.”

As the complainant has failed to place any document to show the value of the equipments which was claimed to have been burnt in the incident and no cogent evidence has been lead and so also not produced the photographs about the burnt materials.  However some of the articles were burnt due to the alleged incident and the complainant is entitled for a sum of Rs.40,000/- including compensation.  Hence as discussed above we answered these points accordingly. 

POINT (3):-

16.   In view of the above discussions on Point (1) and (2) we proceed to pass the following:-

ORDER

01.   For foregoing reasons the complaint is allowed-in-part with costs of Rs.2,000/-.

 

02.   The Ops are jointly and severally directed to pay a sum of Rs.40,000/- being the compensation amount to the complainant along with interest at the rate of 9% per annum from the date of pronouncement of this order till realization. 

 

02.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 28^th DAY OF FEBRUARY 2018)

 

 

 

LADY MEMBER                                PRESIDENT