DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 371 of  2022

 

Sri Bijoy Krishna Adhikari,

S/O- Sri Bibekananda Adhikari,

Pratapgarh, Near Ful Kalibari,

P.S. East Agartala, P.O. Pratapgarh,

Agartala, West Tripura. ...........Complainant.

 

-VERSUS-

 

   

__________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For  the  O.P. : Sri Nepal Majumder,    

 

 

 

F I N A L    O R D E R

1. This case is filed U/S 35 of the Consumer Protection Act, 2019 by Sri Bijoy Adhikari of Pratapgarh, Agartala, West Tripura, here-in-after called the 'complainant' against The Senior Manager, Tripura State Electricity Corporation Ltd., Pratapgarh, West Tripura here-in-after called the 'O.P.' alleging deficiency of service on the part of the O.P.

 

1.1 The case of the complainant in short is that on 20.05.2022 at evening due to sudden voltage of electric line all the electrical item which were attached to plug and all the electric bulb were permanently got damaged. 

 

1.2 Immediately the matter was informed to the O.P.  and the O.P. sent one person to inspect the matter and after proper inspection the person concerned assessed the damage and assured that within a few day they would inform the complainant the procedure to get compensation.

 

1.3 The complainant made G.D. Entry before the M.G. Bazar out post  vide G.D. Entry No. 08 dated 01.06.2022 and also prepared inquiry report. O.P. informed that the complainant have to make one written complaint along with the G.D. Entry copy for compensation. On 06.06.2022  he submitted one written complainant along with the G.D. Entry copy but till today the O.P. did not pay any compensation though they have assessed the damage.

1.4 Hence, this case claiming compensation of Rs.2,70,000/- along with other costs. 

 

2. The O.P. in written objection denied and disputed the allegation of he complainant mainly on the ground that the complainant immediate after informed the O.P. that anything happened in the house on 20.05.2022 or or did not register any complaint in the call register or the complainant did not register any complaint to the fault repairing team in which case the complainant would have been supplied with a complaint number. On 06.06.2022 the complainant informed the Senior Manager regarding alleged incident for the first time. Consequently, the Senior manager visited the house of the complainant and surrounding area but found no such electrical disturbance occurred on 20.05.2022 as alleged by the complainant. In case of sudden high voltage the meter box was supposed to be burnt. But the meter box of the complainant was found operating properly.

 

3. Both the parties submitted evidence on affidavit and documents.

 

4. Hearing argument the following point is taken up for discussion and decision:

 

DECISION AND REASONS:-

5. On perusal of the written complaint of the complainant dated 06.06.2022, we find that the complainant no where mentioned that earlier the complainant lodged any complaint to the Senior Manager, rather the complainant mentioned that he lodged a G.D. Entry with the M.G. Bazar out post. 

 

5.1 The inspection report of the Manager, ESD, Pratapgarh dated 06.06.2022 shows that the Manager personally visited the house of the complainant and found no fault in the electric line and also found the electric energy meter was running properly.

5.2 Learned Counsel Mr. Arya referred the decision of the Hon'ble National Commission in Rajendra Kumar Tripathi Vs. Uttar Pradesh State Electricity Board and Anr. wherein a high tension wire carrying current of 11000 volt fell and came into contact with the service cable resulting in damage to the concealed wiring, service cable, telephone and other equipment, electrical gadgets in the house of the complainant.

5.3 Thus, the fact of the Rajendra Tripathi (Supra) does not tally with the fact of the present case. Another decision referred by Learned Counsel of the Tripura State Consumer Disputes Redressal Commission in case No. A.40 of 2021, wherein the electric connection  supplied to the house of the complainant had been severed by a vehicle. The officials of the respondent Department had addressed the complaint on the next day. However, during the intervening period a fire accident was caused due to short circuit. The fire service people submitted report that the house of the complainant was electrocuted due to short circuit.

5.4 What necessarily transpires is that the fact of this case is different altogether from the case of the complainant. Meaning thereby, the oral evidence submitted by the witness of the complainant is if so facto do not prove the case of the complainant because the witness who are the nearby residents of the complainant suffered no such loss as alleged by the complainant. However, the maxim res-ipsa-loquitoi can not be resorted to as the complainant has not been able to prove any accident occurred and the cause of accident is primarily within the knowledge of the complainant.

5.5 Thus, we do not find any substance in the complaint of the complainant that due to sudden high voltage the complainant suffered any loss in respect of the items described in the complaint. Further, the complainant did not lodge any complaint with the O.P.  before 06.06.2022 although such electric high voltage incident occurred on 20.05.2022. Mostly the electric meter of the complainant on inspection was found in running condition. Hence, the complainant has not established the case of deficiency in service on the part of the O.P. 

6. The point is decided accordingly.

7. In the result, the case stands dismissed, however, without cost.

8. Supply copy of this Final Order to both the parties free of cost.   

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.