::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.91/2017.
Date of filing: 26.12.2017.
Date of disposal: 31.07.2018.
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: 1. Tukaram S/o Sannaveerappa Jadhav,
Age:38 years, Occ: Self Employment,
Jai Bhavani MechanicGarage, GESCOM KEB
Road, Raghvendra Colony, Bidar,
R/o Janwada, Tq and Dist: Bidar.
( By Sri.P.M.Deshpande., Adv.)
VERSUS
OPPONENT/S: 1) The Executive Engineer,
GESCOM, Bidar.
(By. Sri.Mahesh.S.Patil., Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The complainant has approached this Forum by filing complaint U/s 12 of the Consumer Protection Act, 1986. The gist of the complaint is as underneath.
2. The complainant avers that, he being an unemployed person, for self employment had organized an unit of mechanical garage by name Jai Bhavani Garage at Raghvendra Colony Bidar in a rented premises. He was paying rent regularly to the owner of the premises and consumption charges of electricity to the opponent in respect of electrical metre bearing R.R. No.96961-C installed at the garage. Further he avers that, availing bank loan he had procured huge equipments and they were kept in the garage. He further narrates that, on 12.09.2017 about 7.30p.m. closing the garage, he had gone to his place of residence at Janawada, Bidar and about 9.30 p.m. received mobile message from a neighbour regarding fire and fumes engulfing the garage. Immediately he came to Bidar and informed the jurisdictional Police, GESCOM and the fire brigade. By the time he reached the garage, Police and Fire brigade arrieved and it was found that, equipments like Compressive machine, water servicing motor, water servicing compressor, Hydraulic jack, Syntax water tank, water pressure pipe of 20mtrs, Pressure pipe nozzles, Tool ad pan set, Vaccum cleaner, Metal self, Zinc sheets and batteries, one Pulsar bike, Activa Honda Scooter, Indica Car were found burnt. The complainants’ demand of compensation to the O.P. had fallen in deaf ears for which he has approached this forum claiming compensation of Rs.4,50,000/-.
3. The Opponent upon notice has participated in the proceedings through counsel and has filed written versions in which, it is claimed that, the complaint is false and baseless and the complaint is not entertain able in the eye of law. The arrieval of the police and Fire brigade is denied, so also the short circuit. It is further claimed that, the incident took place due to negligence of the complainant as earthing use of standard wires were not used. For which the short circuit happened. Reporting the matter to the opponent is also denied.
4. It is further asserted by the opponent that, the complainant is neither a Consumer or potential user under GESCOM and he never pays energy bills. On these grounds the opponent denies his liability to compensate the complainant towards the loss caused by the fire accident resultant upon short circuit.
5. From the pleadings of the complainant and counter there off the following points arise for our consideration.
- Is the complainant a consumer under the GESCOM?
- Was there an electrical fire accident due to short circuit causing damages to the complainant?
- What orders?
6. Our answers to the points raised are as following:-
- In the affirmative.
- In the affirmative.
- As per final orders owing to the following:-
:: REASONS ::
7. Point (1): The complainant’s assertions he was running automobile garage in Raghavendra Colony, K.E.B. Road, Bidar from the rented premises is no where seriously challenged. The denial of the opponent regarding his status as a consumer holds no water owing to the fact that, Section 2(1) (d) (ii) defines the term consumer as follows:
Consumer Means.
(i). x x x x x
(ii). [hires or avails of] any services for a consideration which has been paid or promised, or under any system of deferred payment and includes any beneficiary of such services other than, the person who [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised or under any system of deferred payments, when such services are availed of with the approval of the first mentioned person,
[but does not include a person, who avails of such services for commercial purpose].
8. In the instant case, the complainant is abundantly clear about his status as beneficiary of the original owner and even mentions the electrical metre number fixed to the premises. Had he been a non-entity, such spontaneous disclosure would not have taken place. ON the other hand, the denials of the opponent are vague, general in nature and do not inspire confidence, wherefore we answer the point No.1 in the affirmative.
9. The opponent feigns a big surprise regarding the allegation of fire accident. Barring the claim of complainant regarding intimation to GESCOM, we cannot be oblivious of the fact that, GESCOM office is about ¼ k.m. from Raghavendra Colony at Bidar and such incident cannot remain unknown to GESCOM officials. The fire brigade has arrieved at the spot at about 21.41 hours, extinguished the fire and the two water tankers would have passed the GESCOM office with all piercing sounds. Still, if the same could not ring an alarm in the minds of the officials, that proves their abject apathy to safe guard citizens interest. The S.H.O. of New Town Police, Bidar on the same day recording the statement of the complainant had registered the case in F.A. No.2/2017 and a spot Mahazar was drawn on the next day in front of in-dependent Panchas from which the devastation by the fire accident can be deciphered. The certificate of the fire brigade in Accident Report No.137/2017 further fortifies the fire accident. The spot Mahazar is also explicit about the destruction of the properties kept in the garage together with other motor vehicles. Color photos submitted by the complainant are corroborating evidences of the fire accident. All the evidences have gone unchallenged inspiring confidence. Hence we answer this point accordingly.
10. Arrieving at the point to assess the loss caused to the complainant and determining a just compensation, we observe that, even though from the police Panchanama fire damages to an Indica Car, Honda Activa scooter, Pulsar motor bike is evident, no documents regarding the R.C. owner of the motor vehicles have been produced. None knows, they belong to whom. Certainly, the complainant cannot claim compensation for damages caused to the third parties. As far as the damages of the other items, equipments being claimed, there is no clear cut evidence of their existence in the garage, their lawful acquisition to conduct business or their prices. The complainant himself has quoted their prices, which can not be believed logically. However from documents produced as Annexures-L to N, we observe some machineries and equipments were burnt maximally. In the absence of any proof produced by the complainant, we infer on a liberal guess that, the costs of those items would be a sum of Rs.1,50,000/- and the complainant would be entitled to that much only and consequentially, we proceed to pass the following:-
ORDER.
- The complaint is allowed in part.
- The opponent is here by directed to pay a sum of Rs.1,50,000/- as damages towards the destruction of properties of the complainant;
- The opponent is further directed to pay a compensation of Rs.10,000/- towards the mental agonies and inconveniences caused together with a further sum of Rs.5,000/- towards litigation expenses;
- Four weeks time granted to comply the order, failing which the award amount at (a) would carry an interest @ 12% p.a., calculated from the date of fire accident till realisation.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 31st day of July 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A-Statement of Tukaram, the complainant date:13.09.2017
to S.H.O. New Town Police Station in F.A.NO.2/2017. - Annexure.B– Spot panchanama prepared by New Town Police date:
13.09.2017. - Annexure. C– Further statement date: 23.09.2017 of Tukaram, the
complainant. - Annexure.D—Certificate of Fire Brigade Station Bidar date:
12.09.2017. - Annexure. E to P– (I & O omitted) Color photos of the burnt garage
and motor vehicles equipments. - Annexure.Q- Office copy of legal notice date: 18.10.2017.
- Annexure.R- Courier receipt of the above.
- Annexure.S- Copy of Aadhar card of the complainant.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Tukaram S/o Sannaveerapa Jadhav (complainant).
Opponent.
- R.W.1- Sri. Basawaraj S/o Apparao Patil, Executive Engineer
(O & M GESCOM) Bidar Division Bidar.
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
