Karnataka

Bidar

CC/76/2015

Smt. Nazibai w/o Late Neelkanth Pawar - Complainant(s)

Versus

The Managing Director GESCOM - Opp.Party(s)

Smt.Shakuntala Patil

18 Apr 2017

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

AT BIDAR::

 

 

                                                                                                                 C.C.No. 76/2015

 

                                                                                                  Date of filing : 29/10/2015

 

                                                                                               Date of disposal : 18/04/2017

 

 

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:            Smt. Nazibai, w/o late Neelkanth Pawar,

                                             Age about 40 years, R/o Allipur Thanda, 

                                          Taluka Humnabad,Dist.Bidar.

 

              

 

                                          (By Smt. Shakuntala Patil, dvocate)

 

 

                                                              VERSUS

 

OPPONENT/S   :-               1.  The Managing Director,

                                                  GESCOM, Station road, Gulbarga.

 

                                           2.   The Superintendent Engineer,

                                                   GESCOM, Station road, Gulbarga.

 

                                           3.   Executive Engineer ( Electrical)

                                                  SUB Division, GESCOM,Bidar.

                                         

                                         4.   Asst. Executive Engineer ( Electrical )

                                                   GESCOM, Humnabad,Dist.Bidar.

                                        

                                   

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

 

                                         

::   J U D G M E N T  ::

 

 

By Shri. Jagannath Prasad Udgata, President.

 

              The complainant has approached this forum u/s. 12 of the C.P.Act, 1986 against the opponents.  The gist of the case is as under.  

 

2                     The complainant is native of Allipur Thanda, Taluka Humabad & Dist.Bidar.  Complainant avers that, she is maintaining herself and her family members i.e. daughters by doing cooli work for her livelihood.  On 16/04/2015 the complainant along with one Pannibai went for collecting the Tamarind fruits in the forest area of Vithalpur at about 12.00 hours.  At that time due to wind, main high tension live wire had fallen on the neck of the complainant getting dislodged and she sustained severe burn injuries on her neck, chest, right shoulder, breast, right hand, right arm, both thighs, both hands, except left thumb both hand fingers, right and left leg fingers burnt.  Soon after the said incident, the complainant was taken to Manna -Ekhelli hospital but, due to severe burn injuries the Doctors did not entertain  the patient and then she was brought to Govt. Hospital, Bidar. After first aid treatment in the said hospital as per the advises of Doctors, the complainant was sent to Osmaniya hospital and treated as in patient.  After discharge from Osmaniya hospital she continued with the treatment and spent more than   Rs. 2 lakhs  towards her treatment, nutrition, medical attendant etc.  In spite of treatment at various hospitals several organs of the body of complainant like fingers were got severed from the foot, disfiguration to the whole body, had happened and  most of the portion of the body is not functioning.  Thereafter, the complainant has given complaint on dated 10/08/2015.  The jurisdictional  Police after recording statement of complainant registered a case under F.A No.3/2015 and conducted the panchanama and recorded the statement of witnesses.  The complainant’s age is about 40 years.    She is a widow having no male children and she alone   is maintaining her self and her family members i.e. daughters by doing cooli work.  Due to the said incident the complainant is now a disabled. The incident occurred due to fall of high tension live electrical wire on complainant and due to negligence and improper maintenance of live electrical wire,  by the GESCOM authority hence, the O.Ps are held responsible for the said incident and liable to pay compensation to the complainant.  Hence the complainant approached this Forum for compensation from the O.Ps.

 

3.            After receipt of the Court’s notice, the  O.Ps. have appeared before this Forum through their common counsel and filed their written version.  The O.P no.4 claims that, the complaint  is misconceived both in law and on facts and it is not maintainable.  The complainant had neither obtained electricity connection nor submitted any electricity bill paid to the O.Ps, hence as per definition of the Consumer Protection Act, the complainant is not a Consumer of the O.Ps and this complaint is not maintainable in the eye of the law.  Hence this Forum has got no jurisdiction to entertain the complaint.

 

4.              The O.Ps prayed  this Forum that, before adjudication of the case, the following points may be considered with regard to maintainability of the case.

 

             a) Does petitioner is Consumer U/s. 2(1) (d) and U/s. 2(1)(O of the Consumer Protection Act, R/w. 11 of C.P.Act.

 

            b)  Does this  Forum has jurisdiction to try this case U/s. 12 of the C.P.Act.

 

           c)   Does the petitioner is entitled to damage as claimed by her, or the Civil Court or the Tahsildar has the jurisdiction as per new powers given by Govt. of Karnataka to the D.C. Bidar or Tahsildar, Bidar under natural calamites  reasons caused incident and sustained damages or those who are not the Consumers of the O.P Company as per Sec. 2(1) (d) or 2 (1) (o).

        d)   The complainant has not reported about the incident to the O.Ps as required U/s. 161 of the Indian Electricity Act, 2003.

 

        e)    As U/sec. 33 of Electricity Act, 1910, in case of such electricity accidents petitioner has to file his complaint to govt. electrical Inspector. Weather she has filed such complaint before such officer? In case o f she become the consumer of the O.Ps ( such non compliance of mandatory provision , this Forum has got no jurisdiction to entertain the said complaint.)

 

5.                The contents in para no.1 to 5 of the complaint are completely denied by the O.Ps.   The complainant sustained heavy injuries due to   wind  the live electric wire fallen on the complainant is false and denied.  As such there is no negligence on the part of the O.Ps hence, the complaint is not maintainable and the Civil Court has got jurisdiction to entertain the case because the complainant is not a consumer of the O.Ps GESCOM.  In reply to the para no. 6 to 15 are false and denied by the O.Ps subject to proof by the complainant and the case be dismissed against the O.Ps with costs.

 

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

 

1. Whether or not this Forum has the jurisdictionto entertaintheis case as canvassed by the O.Ps?
2. Does the complainant prove that, there has been a deficiency of service on the part of the opponents?

 

3. What orders?

 

 

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

 

1. In the affirmative.  

          2.  Does not service for consideration   

2. As per the final order, owing to the following:

 

                                                                                                    

 

 :: REASONS ::

  8.               It is the case of the complainant that, on 16/04/2015, at about 12.00 hours, when she was in the process of plucking tamarind inthe forest area of Vithalpur along with one Panni Bai, the overhead high tension line got snapped due to heavy wind, fell on her causing severe burns on extensive portion of her body.  She was taken to Manna-Khelli hospital in initio and then to Bidar Institute of Medical science from wher she was referred to Osmania Hospital, Hyderabad for treatment  And was again refered back to BIMS.  After discharge from the said hospital and partial recovery form the injuries, she has lodged complaint with the jurisdicitonal Bemalkheda P.S. on 10/08/2015.  A case was registered by the P.S. vide F.A. no. 3/2015, investigation was taken up and spot  mahazar was drawn on 11/08/2015 vide Ex.P.2.  The police authorities have informed about the case to the Tahasildar cum Taluk Executive Magistrate, Humnabad, Asst. Commissioner, Basavakalyan  and A.E. GESCOM, Humnabad on 12/08/2015 vide Ex.P.3.  Substantiating the fact of electrical accident, the complainant has submitted the O.P.D slip of Bidar Institute of Medical science as Ex.P.4, further treatment records vide Ex.P.5, medical investigation reports of SMS LAB and diagnostics as Ex.P.6 and those of Prime Lab as Ex.P.7 and Saraswathi Lab as Ex.P.8.  In spite of intimation from the police in Ex.P.3 and legal notice dt. 18/09/2015 ( Ex.P.9), when the O.Ps did not come forward to compensate her, she has approached this Forum.

 

9.             The O.Ps putting appearances have challenged her status quo as consumer and have raised a vital question regarding the maintainability of the case with this Forum, The O.Ps have further raised pleas of non reporting of the accident u/s. 33 of the Electricity Act, 1910 and have suggested that, the complainant may approach the D.C. Bidar or the concerned Tahasildar as per the new powers conferred upon by the Govt. Of Karnataka under natural climatic reasons.  (Sic-no copy of such notification was ever produced).  However, the O.Ps have

nowhere disputed the fact of electrical accident or the resultant burn injuries to the complainant.

 

10.            In course of hearing, the poor lady has appeared twice before us and we are appalled observing her pathetic, crippling physical conditions.

 

              But coming to analyse her entitlements from the O.Ps as a Consumer, no iota of proof has been produced before us nor any fruitful canvassment has been made to establish her position as consumer vis-a-vis the O.Ps as service providers.  Her act of plucking tamarind at a far away forest and the electrical accident occurred to her due to fall of live electrical transmission line by no stretch of imagination confers the title of consumer on her.  We are of course, perusing the records produced by her and observing her pathetic conditions are convinced that, she has an actionable claim against the O.Ps or their creator, the Govt. Of Karnataka but are not convinced to entertain her pleas in this Forum, in spite of the two decisions quoted by complainant reported in (IV)2008 CPJ 138 (N.C).-CGMP & ONPDCL & ors. V/s Koppu Duddarajan & Anr. And (2) The station Manager V/s Smt. Nirmala Maity (W.B.State Commission).  The facts and circumstances being mighty different from the present case and hence, we answer point no.1 accordingly.

 

11.   Point No.2:-    Owing to the  discussions stated above, this point does not survive for consideration and answering it accordingly we proceed to pass the following:-

 

:: ORDER ::

 

   

1. The complaint is dismissed as not due.
2.  However, we order that, the complainant may approach the D.C. Bidar or the jurisdictional Tahasildar for compensation as suggested by the O.Ps discussed above with all documentary evidences and direct the authorities to consider her pleas in right, legal perspective.  The complainant may also, if so advised, approach a Civil Court of competent jurisdiction claiming compensation under the provisions of Fatal Accidents Act,
3. There would be no order as to cost or otherwise.

 

 

( Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 18^th  day of  April-2017 )

 

 

 

   Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                President.                                                                                            

 

 

Documents produced by the complainant

1. Ex.P.1- Copy of letter addressed to Tahsildar by P.S. Bemalkheda.
2. Ex.P.2- Copy of Statement by the complainant.
3. Ex.P.3 –Copy of spot Panchanama.
4. Ex.P.4- Copy of Case Sheet of BRIMS hospital,Bidar.
5. Ex.P.5- Copy of Case Sheet of BRIMS hospital,Bidar.   
6. Ex.P.6- SMS Lab Report.
7. Ex.P.7- Laboratory & Radiology report.
8. Ex.P.8- Diagnostic report.
9. Ex.P.9- Copy of  legal notice dt.18/09/2015 by counsel of complainant.
10. Ex.P.10- Postal acknowledgment receipt.

 

 Document produced by the Opponents

 

Nil 

 

 

 

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

       Member.                                                                      President.

 

 

mv.