-::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.01/2019.
Date of filing: 09.01.2019.
Date of disposal: 13.06.2019.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: Devendrappa, S/o Late Sangappa Fathepure,
Age: Major, Occ: Agriculture,
R/o Village Basanthpur,
Tq. & Dist.Bidar.
( By Sri. Mulchand H.Garje, Adv.)
VERSUS
OPPONENT/S: The Executive Engineer,
O & M GESCOM,
Bidar Division, Bidar.
(By Sri. Mahesh S. Patil., Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
This is a complaint filed U/sec.12 of the C.P. Act, 1986 alleging deficiency of service and resultant loss of sugar cane crop belonging to the complainant. The gist of the complaint is as hereunder:
2. The complainant is the Kartha of H.U.F. being the eldest and the family owns ancestral joint family property measuring Ac.8.37 guntas in Sy.no.90/1, in village Bansnthpur, Tq.&Dist.Bidar. The complainant had planted sugarcane in 2 acres of land from out of the total extent and had obtained electrical connection from the opponent vide R.R. no. ISD (48.101) to the bore well in his land for irrigation purpose. On 01.10.2018, at about 3.00 p.m. the S.T.line running over and above the complainant’s land got broken, electrical sparks emanated and the wires falling over the sugar cane crop got it inflamed as a result of which sugar cane crops to an extent of 45 tonnes were completely burnt. The complainant assess it’s value at Rs.1,00,000/-in his complaint.
3. The complainant further avers that, the jurisdictional Janawada Police Station, receiving his complaint had registered a case in F.A.no.08/2018 and panchanama was drawn. Moreover, the Fire Officer, Bidar has submitted a report to that effect. The complainant had lodged a claim with the opponent vide a legal notice and due to in action has approached this Forum.
4. The opponent putting up appearance has filed written versions, in which, the fact of providing power has been admitted but, all other assertions have been denied.
5. Both sides have filed their respective evidence affidavits and written arguments trying to justify their respective stands. Only the complainant has filed documents in support of his case as detailed at the end of this order. Taking into consideration the divergent stands and also the admission of the opponent regarding providing power connections, the following points arise for our consideration.
- Does the complainant prove deficiency of service in the part of the opponent, the electrical fire accident and resultant crop loss?
- What orders ?
6. Our answers to the points raised are as follows:-
- In the Affirmative.
- As per the final orders owing to the following:-
:: REASONS ::
7. Notwithstanding any denial contained in the versions and evidence of the opponent, it is seen from the documents filed by the complainant vide Annexure-B to Annexure-E, the proof of the fire accident and resultant crop loss is overwhelming. The jurisdictional police and Fire authorities undisputedly have certified about that. Hence we answer this point in the affirmative.
8. The complainant has claimed a compensation of Rs.1,00,000/- together with interest @ 10% p.a. and a cost of Rs.20,000/- . We observe that, this claim is slightly exaggerated and improved form the initial assessment. May be an after thought. In the complaint, before the police, the complainant has estimated his loss at Rs.85,000/- but, the police authorities in course of investigation have computed it at Rs.80,000/-. This computation by the police along with the panchas is more belief inspiring and reasonable. Therefore, we proceed to pass the following.
::ORDERS::
The complaint is allowed in part.
- The opponents is hereby directed to pay a sum of Rs.80,000/- to the complainant along with interest @ 10% .a. from the date of complaint till realisation.
- The O.P. is further directed to pay a sum of Rs.10,000/- towards compensatory costs towards mental agonies and sufferings.
- Four weeks time granted to comply this order.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 13th day of June 2019).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A- Copy of R.T.C. of Sy.no.90/1, village Basanthpur,
Tq.& Dist.Bidar.
- Annexure.B- Copy of police complaint in F.A. no.08/2018.
- Annexure C- Copy of spot Mahazar in F.A.no.08/2018.
- Annexure.D & D 1– witness statement.
- Annexure.E- Copy of report of Fire officer, Bidar.
- Annexure.F- legal notice dt.06/12/2018. With postal receipt and
acknowledgement.
- Annexure.G & H- Colour photos of the field.
Document produced by the Opponent.
Witness examined.
Complainant.
- P.W.1- Sri Devendrappa, S/o Late Sangappa Fatepure
(Complainant).
Opponent.
- R.W.1- Sri. Basawaraj s/o Appa Rao Patil, Execute Engineer, O & M,
Bidar Division, Bidar.
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
