Karnataka

Bidar

CC/78/2015

Shivraj S/o Dasharath Metre Gumma - Complainant(s)

Versus

The Managing Director GESCOM Gulbarga - Opp.Party(s)

Sanjeevkumar Balshetty

07 Feb 2017

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

AT BIDAR::

 

 

                                                                                                                 C.C.No. 78/2015

 

                                                                                                  Date of filing : 06/11/2015

 

                                                                                             Date of disposal : 07/02/2017

 

 

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:          Shivaraj, s/o Dashrath Metre,

                                              Age: 40 years, Occ: Agriculture,

                                              R/o village Gumma,Tq. & Dist.Bidar.

 

              

 

 

                                          (By Shri. Sanjeev Kumar A.B., Advocate)

 

 

                                                      VERSUS

 

OPPONENT/S   :-         1. The Managing Director,

                                             Gulbarga Electricity Supplying Company Ltd.,

                                             Gulbarga.

           

                                        2.  The Executive Engineer (E.L.)

                                               Gulbarga Electricity Supplying Company Ltd.,

                                            Bidar division, Bidar.

 

                                       3.  The Asst. Executive Engineer (E.L.)

                                                Gulbarga Electricity Supplying Company Ltd.,

                                             Bidar Sub-Division, Bidar.

 

                                     

  

 

 

                                        (O.Ps By Shri. R.K.Ganure, Advocate )   

 

 

                                                

 

 

 

 

 

 

::   J UD G M E N T  : :

 

 

 

By Shri. Jagannath Prasad Udgata, President.

 

                    This is a complaint filed by the above said complainant U/s.12 of the C.P.Act., 1986, against the O.Ps. The sum total of his allegations are as follows:-

 

 

2.          The complainant is an agriculturist by profession, owning bullocks and other cattle which he used to let   graze in his own land every day morning to return home in the evening.   Complainant avers that, on  18-09-2014 in the evening at about 6.pm. while the bullock of the complainant was grazing in the land, the live electric S.T. line wire was cut down from the pole and fell on the ground and the bullock which was grazing in the land, coming into contact to the live electric wire died on the spot due to electrocution.   Thereafter the complainant informed the incident to the concerned police who registered the case in F.A. no.7/2014 and got  conducted Post-Mortem examination and conducted panchanama prior to that.  It is confirmed from the P.M. report that, the bullock of the complainant died due to electrocution.   The complainant further avere said bullock was five years old, quite healthy and most useful for his income, being instrumental for agricultural operation.  The complainant used to earn Rs.200/- by using the bullock.  The value of the bullock was claimed as  Rs.1,00,000/- .  It is further said that, the snapping of the wire was due to negligence of the O.Ps., who were informed about the hanging condition of the wire but, never set it right.  The complainant further states that, he had approached the O.Ps for compensation followed by legal notice on 05/09/2015 but, in vain.  Therefore he is before is claiming compensation of Rs.2,00,000/-

 

3.               The O.Ps. putting up appearances have filed versions questioning the jurisdiction of this Forum to try the case.  Further the O.Ps claim that, new power(s) has been conferred upon the Tahasildar and Deputy Commissioner of Bidar by the Govt. (Sic-no such documents produced) to pay the compensation and further that, the complainant has not informed the Electrical inspectorate as provided for U/sec. 161 of Indian Electricity Act, 2003 or Sec. 33 of the Electricity Act, 1910.  The O.Ps further claim that, the complainant is not a consumer and has not produced any R.O.R. to substantiate the same.

 

4.                   The O.Ps further state that, as per an order of the Board no.KEB/B7/ASB/89/Vol-II,dt.20-11-1991, certain amount has been fixed as compensation and it has a binding effect.  It is further claimed the complainant was not the owner and they are vociferous that, the wire did not snap.  It is further the claim of the O.Ps that, the Police and the Veterinary Doctor had colluded with the complainant and created documents to claim the compensation.  As a whole the O.Ps deny the entire averments of the complainant and pray to dismiss the complaint with costs.

 

 

5.               Both the sides have filed their evidence affidavits and written arguments reiterating their respective contentions and documents relied upon as described at the end of the order.

 

 

 

 

6.         Considering the rival contentions of the parties, the following points arise for our consideration:-

 

 

1. Does this Forum possess jurisdiction to try the case?

 

2. Does the complainant prove that, there has been a deficiency of service in the part of the Opponents?

 

3. Does the O.Ps. prove that, the fault lies with the complainant in not informing the Electrical Inspectorate?
4.  
4. What order ?

 

 

7.           Our answers to the points stated above are as follows:-

 

               1.  In the affirmative.

               2.  In the affirmative

               3.  In the negative.

               4. As per the final order, for the following:

 

                                                                                                       :: REASONS ::

8.  Point No.1:      The assertions of the O.Ps. questioning the jurisdiction of this Forum is hallucinatory perse.  As far as the status of the complainant as a Consumer, the same has remained a settled principle of law as decided by the two rulings relied upon by the complainant together with the ratio decidendi.  We hold, the ratios are applicable in rem.

a) IV (2008) CPJ 139 ( N.C.)

    C.G.M. P & O, NPDCL & ors v/s Koppu Duddarajam & another.

 

Consumer Protection Act, 1986-Sections 2(1)(d), 2(1)(g) and 14(1)(d)- Electricity-Electrocution-Live wire fell on deceased-Severe electrocution and spot death resulted-Villagers pay taxes to Village Panchayats and power consumption charges to electricity company, are consumers-Complainants being beneficiaries entitled to compensation-complaint allowed by Forum-Order upheld in appeal-No interference required in revision.

 

 

b)  III) 2010) CPJ 198 ( N.C.)

DHBVNL V/s Vidhya Devi.

 

Consumer Protection Act,1986-Section 2(1)d, 14(1)(d), 21(b)-Services-Electricity-Electrocution-Damage assessed-Claim not redressed-District Forum directed petitioner to pay claim and compensation-Appeal dismissed-Hence revision-Contention, complainant negligent and not consumer, rejected-Petitioner transmits energy, has duty to ensure safety and security of persons, animals and other objects-Loose, exposed wire causes damages-Petitioner held liable to compensate losses.

 

9.           The ratios above quoted ruling the roost, the assertions of the O.Ps are prima-facie without any merit and we answer point no.1   affirmative.

 

10. Point No.2 & 3:    The points are being answered combinedly.

  The documents submitted by the complainant vide Ex.P.1 to 5, clinchingly prove that, the bullock belonging to the complainant had died due to electrocutionon 18-09-2014 evening hours.  An investigation has been conduced by the police, spot mahazar drawn and the cause of death as revealed from the P.M. report is due to electrocution.  A hollow defence by  the O.P. that, the Police and Veterinarian have colluded to create false documents cannot be given any credence and we answer the point accordingly.

 

11.            As far as the information to be given to Electrical Inspectorate, Section 161 of Act. of 2003, entails to inform the authorities about any potential dangerous condition. Can we expect a lay, rustic, village agriculturist to assess the strength of the wires and the efficacy of the transmission wire? Our answers to the point is –No—and point no.3 is answered accordingly and we proceed to pass the following.

 

 

 

:: ORDER ::

 

 

 

   

 The complaint is allowed in part.

 

 In spite of the claim of the complainant in initio that¸the value of the bullock was Rs.80,000/-, the Veterinarian has assessed the cost of the dead bullock at Rs. 56,000/-.  As per two rulings of the Hon’ble National Commission reported in 2013(1) CPR 510(NC) and III (2013) CPJ 377 (NC), the cost assessed by the Veterinarian is to be given weightage.  We therefore hold that:-

 

1. The O.Ps. be jointly and severally held liable to pay a compensationof Rs.56,000/- together with 12% interest p.a. calculated from the date of demand dt.05/09/2015 ( as in Ex.P.5) till the date of realisation.
2. The O.Ps are further held liable to pay a further compensation of Rs.5,000/- for the mental agonies undergone and a further sum of Rs.2,500/- towards litigation expenses.

 

 

              c)  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 7^th day of  February-2017 )

 

 

 

   Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                President.                                                                                            

 

 

Documents produced by the complainant

1. Ex.P.1-Copy of intimation Bidar Rural P.S. to the Tahasildar.
2. Ex.P.2-  Copyof the statement of complainant,dt.18-09-2014.
3. Ex.P.3- Copy of Spot Mahazar.
4. Ex.P.4-Copy of Post- Mortem report         
5. Ex.P.5- Office coppy of legalnotice. 
6. Ex.P.6-  Copy of Aadhar card of complainant.

 

 

 Document produced by the Opponent/s

 

                -Nil-

 

 

Sri. Shankrappa H.,                                             Sri. Jagannath Prasad,                                  

       Member.                                                                      President.

 

           

mv.