Karnataka

Chitradurga

CC/232/2018

B.T.Girish S/o B.Thippeswamy - Complainant(s)

Versus

The Section Officer,BESCOM - Opp.Party(s)

Sri.B.M.Arunkumar

03 May 2019

ORDER

 

COMPLAINT FILED ON:16/11/2018

DISPOSED      ON:02/05/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO:232/2018

 

DATED: 2^nd MAY 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

                       

……COMPLAINANT/S	B.T. Girish S/o B. Thippeswamy, Age: 46 Years, Proprietor of Electrical Store Business, R/o Nayakanahatti, Challakere Taluk, Chitradurga.   (Reptd., By Sri.B.M. Arun Kumar, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Section Officer, BESCOM, Nayakanahatti, Challakere Taluk, Chitradurga.   2. The Assistant Engineer, BESCOM, Challakere, Chitradurga.   3. The Executive Engineer, BESCOM, Chitradurga.   (Reptd., By Sri.T.K. Chandrashekara Rao, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.8,00,000/- towards compensation with interest @ 18% p.a, costs  and such other reliefs.  

2.      The brief facts of the case of the above complainant are that, he is running the electrical shop at Pattana Panchayat Complex, Nayakanahatti, Challakere Taluk on lease basis.  The entire family of the complainant is depending upon the income arising out from the said business and there is no other income to the complainant to eke-out his livelihood.  It is further submitted that, on 02.11.2017, there was a function at Channakeshava Temple in Nayakanahatti as such, the complainant by locking his shop at about 5-30 PM he went to attend the said function.  By that, unfortunately, due to electrical short circuit, the electrical shop belongs to the complainant completely burnt and the valuable electrical equipments like Fan, Switches, mains wire, starter, cable, furniture, tables and other necessary electrical goods were completely burnt, for that the complainant has lost nearly Rs.5 to 6 lakhs.  Due to that the complainant has put great financial loss and mental agony.  Thereafter, the complainant called upon the Fire Department and the local people also make their best effort to avoid the fire with the support of water.  But all the efforts went in vain and the electrical goods were completely burnt.  After that, the complainant has lodged a complaint before the Nayakanahatti Police, they have registered the case in FA No.6/2017 dated 02.11.2017 and the complainant also given a requisition to the Chief Officer, Pattana Panchayath, Nayakanahatti, who visited the spot and drawn Mahazar at the place of incident.  In spite of same, they have not come forward to pay any compensation.  Due to unfortunate incident, the electrical shop of the complainant, he sustained heavy loss, loss of earnings and unable to pay the loan installments to the Bank.  The complainant has telephoned to the Fire Officer, they came to the place of incident and avoided the further incidents in the same locality.  The Police authority and the Fire Department have drawn Mahazar and submitted report to the concerned authority stating that the incident has happened due to short circuit.  Further the complainant has requested the OPs to pay the compensation towards the incident and loss incurred due to short circuit.  But the OPs have given evasive answers and finally the complainant has issued legal notice to the OPs.  But the OPs failed to settle the claim of the complainant.  The cause of action for this complaint arose on 02.11.2017 when the incident took place at Nayakanahatti, which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.

 3.     After service of notice, OPs appeared through Sri. T.K. Chandrashekara Rao, Advocate and filed version and denied all the allegations made in the complaint. 

According to the version filed by OP No.1, it is stated that, the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  The complainant is not a consumer under the OPs.  This Forum has no jurisdiction to entertain this complaint because, the complainant is taking the shop from the Pattana Panchayat, Nayakanahatti and the RR number is stands in the name of Pattana Panchayath and hence, the complainant is not a consumer under the OPs.  The complainant has no locus-standie to initiate the present complaint against the OP No.1.  The main allegation of the OPs is that, the complainant has not intimated about the incident to the OPs.  Without intimation, how can the OPs have to pay the compensation to the complainant.  It is further submitted that, the alleged fire incident is not arising out of the electrical accident as it is caused inside the shop after locking it.  It is further submitted that all the service mains leading to the shop and also to the adjacent installations were perfectly in good condition and no complaints were filed so far received from any consumer of the premises.  The story of electrical accident is concocted, baseless and further no allegation is made in the Police complaint or in Mahazar of the Police.  The complainant utterly failed to report the incident to the OP No.1 immediately.  So, the allegations of the electrical accident is false and baseless and there is no deficiency of service on the part of OP No.1.  The other allegations made in para 3 are denied as false.  Further it is submitted that, the OPs have no knowledge about the police complaint given by the complainant or the complaint given to Fire Department.  The police of Nayakanahatti or Fire Department have not intimated to the OP No.1 nor the complainant.  The Mahazar of the Police and also the Fire Department is conducted behind back of the BESCOM, Nayakanahatti.  As per Section 161 of Indian Electricity Act, 2003, the Electrical Inspectorate is only the competent authority to investigate the matter and report the same.  The Police authority have no power to investigate and to give report in this case.  The Fire accident is occurred due to some other reason not arising out of the electrical accident after locking the shop by the complainant.  The averments made in para 1 to 8 are denied as false and hence, prayed for dismissal of the complaint.

OP No.2 and 3 have filed the same version as filed by the OP No.1 and they have stated that, they are not the necessary parties to the proceedings.  The OP No.1 is only the necessary party and hence, prayed for dismissal of the complaint against them.  When the OP No.1 filed the same version, the question of taking into consideration the version of OP No.2 and 3 does not arise.    

  4.    The complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-9 were got marked and closed her side.  On behalf of OP No.1, one Sri.B.T. Dhananjaya, the Section Officer, BESCOM, Nayakanahatti has examined as DW-1 by filing affidavit evidence and the documents Ex.B-1 to B-3 were got marked and closed their side. 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, the incident took place due to short circuit and incurred heavy loss as the negligence on the part of OPs and entitled for the relief as prayed for?

              (2) What order?

          7.      Our findings on the above points are as follows:-

                    Point No.1:- Partly in affirmative.

                    Point No.2:- As per final order.

REASONS

8.      Point No.1:- There is no dispute between the parties that, the incident took place at Pattana Pancyath Complex, Nayakanahatti, Challakere Taluk.  The complainant is running the electrical shop in the said complex since from 20 years and the entire family is depending upon the income arising out of the said electrical shop.  On 02.11.2017, there was a function at Channakeshava Temple, Nayakanahatti.  So, the complainant locked his electrical shop and went to attend the function at about 5-30 PM.  By that time, due electrical short circuit, the entire shop was burnt and complainant has incurred loss up to Rs.5 to 6 lakhs.  After the incident, the complainant intimated about the incident to the Chief Officer, Pattana Panchayath, Nayakanahatti, the Police and also to the Fire Department.  All the said three authorities have visited the spot and drawn Mahazar and stated that, the incident took place due to negligence on the part of OPs because, the OPs have not properly maintained the wires, which was coming from electrical pole.  Due to non maintenance of the electrical wires in the poles, the incident took place.  Normally, when there is an incident took place in the centre of the city, first the electrical authority will visit the spot, then onwards, the Police and Fire Department will come and verify the spot.  But in this case, the OPs have stated that, the complainant or the Chief Officer of the Pattana Panchayath have not intimated to them about the incident, the same cannot be acceptable under law.  The Police and Fire Department are also the Public Departments, they have to give report to the concerned Department.  The incident took place due to short circuit  Such being the case, the OPs cannot escape from giving compensation to the complainant on the ground that the intimation was not received from the complainant.  The documents produced by the complainant clearly goes to show that, the complainant is running the electrical shop in Pattana Panchayath Complex, Nayakanahatti.  The Fire Department has given report stating that, the incident was happened due to short circuit and complainant has suffered loss nearly Rs.5 to 6 lakhs in the incident.  The complainant also produced the news paper cutting dated 03.11.2017, wherein it is clearly stated that, the two shops have been burnt due to short circuit.  No doubt, the OP No.2 and 3 are not the necessary parties to the proceedings.  The OP No.1 has committed negligence and deficiency of service in settling the claim to the complainant after receiving the legal notice issued through his Advocate.  Hence, we come to the conclusion that, the OP No.1 has committed deficiency of service.

9.   We have gone through the entire documents filed by the complainant and the OP No.1 those are marked as Ex.A-1 to A-9 and Ex.B-1 to B-3.  The documents produced by the complainant i.e., Ex.A-1 to A-6 clearly shows that, the incident was happened due to short circuit.  But the OP No.1 has produced Ex.B-1 to B-3 those are the bills, stands in the name of Pattana Panchayath, Nayakanahatti.  The complainant has also produced the documents i.e., tax paid receipt, Rent Register and the Balance Book issued by the Pattana Panchayath, Nayakanahatti, it clearly shows that, the complainant has paid the rent to the Pattana Panchayath, Nayakanahatti, which shows that, the complainant is a consumer under the OPs.  Here there is no dispute that, the complainant is running the electrical shop in Pattana Panchayath Complex, Nayakanahatti.  Such being the case, all the RR numbers are stands in the name of Pattana Panchayath and the complainant is running the shop under rent basis.  Therefore, the RR numbers were not stands in the name of complainant and hence, the bills produced at Ex.B-1 to B-3 are not given any protection to the OP No.1.  The documents produced by the complainant shows that, the complainant has issued legal notice to the OPs through RPAD.  After issuance of legal notice they have not replied or not come forward to take any steps to pay the compensation.  The OP No.1 has taken only one contention in its version that, the complainant or the Pattana Panchayat have not given any intimation with regard to the incident.  Generally, if there is an incident, the electrical authority will inspect the spot, therefore, the contention taken by the OP No.1 in its version is not sustainable under law.  Such being the case, the OP No.1 has committed deficiency of service and negligence in paying the compensation to the complainant.  Therefore, we come to the conclusion that, there is a deficiency of service on the part of OP No.1.  Accordingly, this Point No.1 is held as partly affirmative to the complainants.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP No.1 is hereby directed to pay a sum of Rs.5,00,000/- to the complainant along with interest @ 9% p.a from the date of incident i.e., 02.11.2017 till realization. 

It is further ordered that, the OP No.1 is hereby directed to pay Rs.10,000/- towards the mental agony and Rs.5,000/- towards costs of the proceedings to the complainant.  

Complaint filed against OP No.2 and 3 is hereby dismissed.

It is further ordered that, the OP No.1 is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 2/05/2019 and it is pronounced in the open Court after our signatures) 

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

DW-1: Sri.B.T. Dhananjaya, the Section Officer, BESCOM, Nayakanahatti by way of affidavit evidence.

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	FIR
02	Ex-A-2:-	Chargesheet
03	Ex-A-3:-	Complaint given to police
04	Ex-A-4:-	Complaint given to Chief Officer, Pattana Panchayath, Nayakanahatti
05	Ex-A-5:-	Spot Mahazar
06	Ex-A-6:-	Two Tax Paid Receipts
07	Ex-A-7:-	Legal Notice
08	Ex-A-8:-	Postal receipt and Postal acknowledgement
09	Ex-A-9:-	New Paper cutting

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Two Bill of RR NHL 517
02	Ex-B-2:-	Bill of RR NHL 515
03	Ex-B-3:-	Bill of adjacent RR No.NHL 514

 

 

MEMBER                                                   PRESIDENT

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