-::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.05/2019.
Date of filing: 13.02.2019.
Date of disposal: 30.08.2019.
P R E S E N T:-
(1) Shri. Ashok Hanamant Malaghan
B.Com., LL.B.,( Spl.)
President. ( I/C )
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B. (Spl.)
Member.
COMPLAINANT/S Manikappa, S/o Shivappa,
Age: 61 years, Occ: Agriculture,
R/o Village Bhangoor,
Tq. & Dist.Bidar.
( By Sri. S. M. Shetkar, Adv.)
VERSUS
OPPONENT/S: 1. The Managing Director,
Gulbarga Electricity Supplying
Company,Gulbarga.
2. The Executive Engineer (EL)
Gulbarga Electricity Supplying
Company Bidar Division,Bidar.
3. The Asst.Executive Engineer (EL)
Gulbarga Electricity Supplying
Company, Bidar Sub-Division,Bidar.
4. The Asst.Engineer (EL) Gulbarga
Electricity Supplying Company.
Sub -Division Kamthana,Tq .Bidar.
(By Sri. Santosh V.B.,Adv.)
:: J UD G M E N T ::
By Shri. Ashok Hanamant Malaghan, President.
This is a complaint filed by the complainant U/s.12 (a) R/W Sec. 3 of C.P.Act., 1986 against the O.Ps. for claiming compensation to the tune of Rs.6,00,000/- with interest at the rate of 12 % from the date of complaint from the O.Ps. on account of burnt of his sugarcane crop due negligent act of the O.Ps.
2. Brief facts of the case of the complaint are:
The complainant is the owner of Sy.no.128 of Sindol village of Bidar Taluk, measuring 3 acres 33 guntas. The complainant has grown the sugarcane crop in his above said entire land by providing irrigation facilities through I.P. set installed to the bore well existed in the said land and there is a electricity power supply to the said bore well by O.Ps.
3. The electricity supply wires are passing through the landof the complainant and the said wires between two poles had become loose and hanging. It was brought to the notice of the O.P. and staff and linemen, but they have not taken any care about the hanging of wires and did not correct the same. Such being the fact on 05.10.2018 in the afternoon at about 13.00 hours due to interactions of H.T. wires, electricity was formed and sparked and the same was fell on the sugarcane crop of the complainant and thereby same was caught fire and burnt. However, the complainant was try to extinguish the fire by securing Fire Force from Bidar, but in the meantime the entire sugarcane was burnt. Which is evident from the photographs. In this regard F.A. was registered before Mannalli Police Station under it’s No. 13/2018 and police have conducted spot panchanama and has shown the entire sugarcane crop burnt in 3 acres 33 guntas and same has been caused under accidental fire. The complainant further submits that, the standing sugarcane crop was burnt on account of negligence on the part of the O.Ps. and their staff, as they have not keeping any safety measures in fixing and protecting the live H.T. wires. Hence on account of their improper maintenance, it was resulted into electric sparks and thereby the standing crop of sugarcane in his above said land was burnt. So, there is a negligence on the part of the O.Ps. and also deficiency in their service towards the complainant. After this incident the complainant has approached the O.Ps. for payment of damages but, they are went on giving false assurances and has not paid any compensation. Hence, the complainant has issued a legal notice to O.Ps. through his counsel by RPAD post on 26.12.2018 and the same was served upon the O.Ps. On receipt of the said legal notice, only O.P.no.2 has replied by denying the entire factum of the case and also payment of compensation. So, the complainant submits that, on account of above said act he has sustained loss of Rs.5,00,000/- in respect of sugarcane crop and has spent Rs.1,00,000/- for removing damaged sugarcane crop and also planting for new crop. Hence, he prayed to allow his complaint by granting relief claimed in the main complaint.
4. On the other hand the O.P.No.2 has filed his written version. It is contend in the said written version that, the complaint is not maintainable and the alleged burning of sugarcane in the land of complainant was not due to any sparking of H.T. live wires or any negligence on the part of the O.Ps department. But, same was burnt on account of negligence act of the complainant. The complainant has not furnished the R.R.number or any receipt to show that, the payment of electricity bill has been paid. In the absence of the same the complainant is not a consumer within the meaning of C.P.Act. It is further denied that, the complainant has dug bore well and has installed I.P.set and had obtained power supply from the O.Ps. It is further denied that, the complainant has planted sugarcane crop in his entire extent of land i.e. 3 acres 33 guntas, but it is submitted that, the alleged incident was happened on account of any negligence on the part of the department. But, it was occurred due to some foul play of the complainant while making attempt for illegally extracting the electric energy by direct hooking of live H.T. wires, since the entire live electric wires is well maintained and there was no any wind or rain on the alleged date of incident and so as to believe that, there was a electricity spark. Hence, no negligence was attributed on the part of the O.Ps. The police papers produced by complainant does not disclose any negligence of the part of the department.
5. In fact as per the report of the section officer the sugarcane was burnt in the land of complainant only to the extent of one acre. But, the complainant was falsely claimed to the extent of 3 acres 33 guntas. It is further submitted that, after burnt of one acre of sugar cane the complainant has successfully diverted the burnt sugarcane weighing 15 tones 4 quintals and 59 k.gs. to one M/S Anas Saqlaini Jaggery Industries Bhangoor and has received an amount ofRs.24,737/- from the said Jagery industries which was evidence from the documents collected by the O.Ps. Hence, the contention of the complainant that, he has sustained loss entire crop of 3 acres 33 guntas is all false, which is amounting Rs.5,00,000/- etc. There are no any materials to show that, the incident took place due to negligence on the part of the O.P. or there was sparking of electricity. So, in the absence of the same it has to be presumed that, incident took place due to foul play on the part of the complainant who might have tried to extract electrify direct hooking wires to the live electricity line. The claim of the complainant is all false and without any basis and same has been highly exorbitant and un called for.
6. Looking to the present facts of the case the present case is requires details evidence and cross examination of witnesses which is not available in the summary proceedings of this Forum. So, the complainant is directed to approach the proper and competent civil Court. Hence, looking to any angle the complaint is liable to be dismissed. Hence, prayed to dismiss the complaint with costs.
7. Considering the above said facts and circumstances and on the basis of pleadings of both the parties the following points arose for our consideration.
- Whether the complainant proves that, there is a deficiency of service on the part of the Opponents?
- Whether the complainant is entitled any reliefs claimed ?
- What orders?
8. Our answers to the above points are as follows:-
- In the Affirmative.
- Partly in the Affirmative.
- As per the final order owing to the following:-
9. Point No.1
In this case both the parties have filed their evidence
Affidavits coupled with their supporting documents. The complainant has filed 18 documents under Annexure P.1 to P.18 and the O.P.no.2 has produced 4 documents under Exhibits R.1 to R.6.
10. Considering the above said fact, it is not in dispute that, the complainant is the owner of land R.S. 128 measuring 3 acres 33 guntas of Sindol village, Tq.Bidar and also the burning of sugarcane in the said land. But, it is disputed fact that, the burning of sugarcane is only to the extent of one acre and the same was burnt not on account of any negligence on the part of the department of O.Ps.
11. The complainant has produced the record of rights of his land under AnnexureP.1 on perusal of the same the said land was standing in the name of complainant to the extent of 3 ares 33 guntas and even in the crop column No. 9 of the said document. The sugarcane crop is mentioned to the extent of 3 acres 33 guntas. So, the said document confirms that the complainant is a owner and has grown the sugarcane crop in the said land. On perusal of Annexure.P.2, it is an application for permission to use water from natural stream for the irrigation purpose addressed to the irrigation officer sub Division Bidar. The Annexure.P.3 is the certificate issued by Executive Engineer, Irrigation department Bidar for using water for agriculture land, in favour of the complainant. Therefore, it is evident that, the complainant has taken license from the irrigation department for growing crop in his land. And Annexure P.4 is permission letter of O.P.to use the electric power to his land. On perusal of Annexure.P.5 the complainant has paid the electric bill to the O.Ps. as per the receipts issued by O.Ps. The complainant has submitted a complaint before the Mannalli Police Station for burning of his sugarcane crop under accidental fire. On perusal of the said document it is evident that, on 05.10.2018 there was an electrocution of live wire by touching each other and there by heavy spark was found and fell on the standing crop of the complainant resultantly the entire crop was burnt. It shows that, the complainant crop was burnt on account of electrocution by the live wires installed by the O.Ps. in the land of complainant, for want of its proper and safety maintenance. The police have conducted the spot panchanama of the land, wherein it has stated that about 150 tones of sugarcane was burnt in the said lands thereby there was a loss of Rs.3,30,000/- to the complainant. Further the police have recorded the statements as per Annexure P.8 and 9 and said witnesses have supported the say of the complainant and told that, the sugarcane crop was burnt on account of touching of live wire in the land of the complainant. The police have informed to the Tahsildar, Bidar about the incident caused above, which is evidence from the document Annexure P.9. As per the case of the complainant the Fire Force is also attended his land for extinguishing the fire immediately after incident and burning of sugarcane crop which has been proved by the document Annexure P.10 issued by Fire Brigade Department, Bidar, on perusal of the said document, it is clearly mentioned that, the entire sugarcane crop grown in 3 acres 33 guntas was burnt. On perusal of Annexure P.12 is the legal notice issued by the complainant through his counsel against the O.P. for claiming damages of Rs.6,00,000/- Annexure P.13 series of (4) postal receipts confirms that the complainant has issued legal notices to the O.Ps by RPAD. Annexure P.14 is the acknowledgement (2) copies confirms that, the notice was served on the O.Ps. Annexure P.15 is the reply notice issued by the O.Ps., wherein they have denied the factum of the entire case. On perusal of Annexure P.16 (5) photo copies are clearly shown the burnt sugarcane crop along with electric poles situated in the said lands. So, considering the above said documents the entire fact stated by the complainant was proved by documents. Further, the complainant has produced the yield report issued by Agriculture Officer, Bagdal, wherein the average yield of the sugarcane crop was to the extent of 89 to 97 tones per acre, if plantation is made between July to August, if the crop is planted between October and November the everage crop per acre is between 81 to 89 tones, if the plantation is made between January and February average of yield of sugarcane crop is 73 to 81 tones. The complainant has also produced the rate of the sugarcane crop in the year 2018-19 as per the FRP rate is Rs. 2,613/- which was issued by Accountant of Bidar Sugar Factory Mogdal,Tq.Bidar.
12. On the other hand the O.P. has also produced the document under Ex.R.1 to R.6 issued by M/s Anas Saqlaini Jagery Industries, Bhangoor,Tq.Bidar to show that, the burnt sugarcane crop of the complainant was successfully delivered to the above said Jagery Factory which was weighing 15 tones, 4 quintals and 59 Kgs. at the rate of 1,600 per tones and hence out of the total burnt crop supplied by complainant he was paid Rs.24,737/- from the said factory, which is evident from the above said document. So, the O.Ps. contended that, there was no loss to the complainant since the burnt sugarcane crop was delivered to Jagery factory immediately.
13. The O.P.s further contended that, the electrocution was not caused due to any negligent act of the O.P. department. But, on the other hand they are made the allegation against the complainant saying that, as the complainant was tried illegally to extract electricity by putting hook from the live wire. Hence, for his illegal act this alleged incident was took place. Hence he cannot blame the O.Ps. in any manner. But, considering the above said defence to the O.Ps., same is not substantially proved by the cogent proofs at least by producing the photo copies of the illegal connections or by producing other local evidences who have seen the same, to substantiate the above said fact, but mere taking such contention without proving the same will not help the O.Ps. in any manner. But, on the other hand the complainant has proved the negligence on the part of the O.Ps. in maintaining proper live wires and burning of sugarcane crops due to electrocution by cogent proofs even by producing police records registered in this regard. Under the circumstances in our view the above said incident and loss of sugar cane crop was mainly caused on account of careless act of the O.Ps. and same is constituting the deficiency in their service towards the complainant. Hence based on above said documents and discussion made above, we are of the opinion that, the complainant has proved the point No.1 hence, the same is answered Affirmatively.
14. Point No.2:-
In view of our answer to the point no1 in Affirmative the claim of the complainant is maintainable against the O.Ps. The complainant has claimed that, there is a loss of Rs.6,00,000/- including the cultivation costs for cleaning and preparation of land for next season crop. The complainant further claims that, he has grown the sugarcane crop in his entire land of 03 acres 33 guntas, but the O.P. have contended that, only to the extent of 01 acre the complainant has grown the sugarcane crop. In view of the above submission we have carefully perused the documents produce the by the complainant, including the police papers and fire brigade reports, wherein it is clearly mentioned that, the entire crop of the complainant in 03 acre 33 guntas was burnt. On perusal of Annexure P.1 the record of rights wherein at column no.9 the crop was mentioned during 2018-19 as sugarcane crop to the extent of 03 acre 33 guntas. So, these documents have undoubtedly confirms that, there is a loss of sugarcane crop to the extent of 03 acre 33 guntas, but not 01 acre as contended by the O.Ps. So, considering these facts, we are of the view that, there was a loss of 03 acre 33 guntas crop in the land of the complainant. The O.Ps. further contended that, the complainant has already received Rs.24,737/- from the Jagery Factory by supplying burnt sugarcane crop to their factory. So, there was no loss to the complainant in any manner. We have carefully considered the above said submission of the O.Ps, but as per prevailing sugarcane rate of the factory during 2018-19, the FRP rate fixed for Rs.2,613/- per ton. But, the Jagery factory have paid only Rs.1,600 per ton on account of burnt of sugarcane crop. But as compared to above said factory rates the balance of Rs.1,013/- is paid less to the complainant for delivery of burnt sugarcane crop. But as per the yield report the planting of crop between October and November was expected 81 to 89 tones per acre. So, as discussed above the complainant has put into loss to the extent of 03 acre 33 guntas. Even considering the minimum average crop of the complaint there would be loss of crop at least 150 tones out of the above said crop. Under the circumstances the complainant is entitled to receive the loss caused to him to the extent of above said tones from the O.Ps. by deducting 16 tones (rounded of) of loss which was paid by the Jagery factory. Hence in our view the net loss caused to the complainant is Rs. Rs.2,613/- per tone X 150 tones minus 15 tones (already paid to the complainant) it comes to Rs. 3,52,755/- towards loss of sugarcane crop, which is just and proper considering the hard labour and other cultivation expenses involved in growing the above said crop. So, in our view same will meet the ends of justice. In addition to above claim the complainant is entitled Rs.20,000/- towards his pain and sufferings and other inconveniences caused and also Rs.5,000/- towards the cost of litigation. Hence in all the complainant is entitled to receive Rs. 3,52,755 + 20,000 + 5000 total Rs. 3,77,755/- from the O.Ps. who are jointly and severally liable answer the claim of the complainant. Hence for the reasons stated above and considering the fact and circumstances of the case, the above said award is just and proper. Hence the point No.2 is answered by us partly in the Affirmative. Thus the following orders:
::ORDER::
The complaint filed by the complainant U/Sec.12 of C.P.Act. against O.Ps. is partly allowed with costs.
Consequently the O.Ps.No. 1 to 4 are jointly and severally are liable to pay Rs. 3,77,755/- as stated above to the complainant along with interest at the rate of 8% p.a. from the date of complaint, till realisation of the entire amount. The O.Ps. shall comply the above said orders within one month from the date of this order.
Intimate the parties accordingly.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 30th day of August 2019).
Sri. Shankrappa H. Sri. Ashok Hanamant Malaghan
Member. President.
Documents produced by the complainant
- Annexure.P.1 Copy of R.O.R.
- Annexure.P.2– Copy of Application form filled by complainant.
- Annexure.P.3- Copy of permission order by Executive Engineer, Small Irrigation, Bidar.
- Annexure.P.4–Copy of order of Gescom sanctioning power supply to complainant.
- nexure.P.5- (5) Electricity bills
- Annexure.P.6- Copy of complaint lodged before P.S., Mannalli.
- Annexure.P.7- Copy of spot panchanama.
- Annexure P.8- Copy of statement of Shivakumar S/o Chandrappa Wali.
- Annexure.P.9 Copy of statement of Yusufmiya s/o Mastana Sab.
- Annexure.P.10- Copy of report addressed to Taluka Magistrate by PSI. Mannalli,Bidar.
- Annexure P.11- Copy of Fire Force report.
- Annexure.P.12- Copy of legal notice.
- Annexure.P.13- (4) Postal receipts
- Annexure.P.14- (2) Acknowledgement cards
- Annexure.P.15 – Reply to legal notice
- Annexure.P.16- (5 ) Photographs.
- Annexure P.17- Certified copy of yield of Sugarcane.
- Annexure P.18 Copy of price of sugarcane.
Document produced by the Opponents.
- Ex.R.1- The letter issued by Anas Saqlaini Jagery Industies.
- Ex.R.2 to R.6 Sugarcane Bills issued by M/s Anas Saqlaini Jagery Industies. (5 bills)
Witness examined.
Complainant.
- P.W.1- Manikappa, S/o Shivappa. (Complainant )
Opponents.
- R.W.1. Baswaraj, (O.P.No.1 )
Sri. Shankrappa H. Sri. Ashok Hanamant Malaghan
Member, President.
