Karnataka

Chitradurga

CC/60/2017

D.K.Yuvraj S/o K.R.Dayanand - Complainant(s)

Versus

The Superdent Engineer,Bescom - Opp.Party(s)

Sri.P.S.Sathyanarayanarao

19 Jan 2018

ORDER

COMPLAINT FILED ON:14.06.2017

DISPOSED      ON:19.01.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 60/2017

 

DATED:  19^th JANUARY 2018

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

                   SRI.N. THIPPESWAMY        : MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT/S	D.K. Yuvaraj S/o K.R.Dayanand, Age: 22 Years, Student, VRS Layout, Turuvanur Road, Chitradurga.     (Rep by Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Superintendent Engineer, Chitradurga Division, Opp: RTO Office,  Chitradurga.   2. The Assistant Executive Engineer (Ele), O and M Urban Sub-Division, BESCOM, Chitradurga.   3. The Assistant Engineer (Ele), O and M Unit-I, BESCOM, Chitradurga.   (Rep by Sri. M. Umesh, 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 compensation of Rs.55,850/-, Rs.25,000/- towards mental agony, Rs.5,000/- towards cost of this proceedings and such other reliefs.

2.      The brief facts of the case of the above complainant are that, he is the customer of OP No.2 having electricity meter No.41943 situated at VRS layout, Turuvanur road, Chitradurga by paying monthly electricity charges to the OPs.  It is further submitted that, on 24.03.2017 at about 8-40 PM, all of a sudden electricity supply fluctuates in distribution and due to the fluctuation, complainant’s IFB Senorita VX 6 KG 800 RPM Washing Machine worth Rs.25,000/-, Godrej RT EON 261 P 4.3 Silver Meadow Refrigerator worth Rs.23,850/-, I-BALL 2.1 Bluetooth Speakers worth Rs.6,999/- and 4 LED household bulbs were burnt and damaged.  The same was mainly due to fluctuation in electricity supply.  It is further submitted that, on the same day, the complainant complained to the OP through phone at 8-40 PM and the same has been registered and assured that, they will provide immediate repairs in this regard.  Till now no service personals have come and attend the repairs and assessed the damage caused to the complainant.  It is further submitted that, on 30.03.2017, the complainant’s grand-mother has given written complaint to the OP No.3 requesting them to come and inspect the house through Electrical Inspector and report pertains to fluctuation of electricity on 24.03.2017 and loss sustained by the complainant.  That on 24.03.2017, the complainant has given complaint to the Customer Service Department, IFB, Authorized Service Centre, Chitradurga and Service Engineer has opined that, this mistake is due to high voltage of service of power.  It is further submitted that, the OP No.2 has written a letter to OP No.3 to come and inspect the same.  Till now the OP No.3 has not turned up and reported the same, which shows the dereliction of duties and deficiency in service in rendering their service.  Therefore, all the OPs are jointly and severally liable to compensate the same.  It is further submitted that, still the washing machine, refrigerator and home theatre are not working and they are kept in idle.  On 15.04.2017, the complainant has issued a legal notice through their counsel to the OPs, the same was served to the OPs but, they have not visited the spot nor complied the notice.  The cause of action for this complaint arose on 15.04.2017 at Chitradurga and when the notice was duly served to the OPs but, they have not made any attempt to compensate the damage caused to the complainant and this Forum has jurisdiction to entertain this complaint and hence, prayed for allow the complaint.

3.      After service of notice, OPs appeared through Sri. M. Umesh, Advocate and filed their version.  According to the OPs, this complaint is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  There is no deficiency in service on the part of Ops.  This Forum has no jurisdiction to deal this matter as it is a violation of contract between the complainant and his electrical contractor.  It is further submitted that, the complainant has not produced any documents to show that he is the legally authorized consumer to the OPs.  This alleged incident was took place inside the house of the complainant.  Hence, OPs are not liable for inside electrocution.  It is settled principles of law, always consumer having safety measures inside the electricity supply.  The allegations made in para 3 of the complaint is denied as false and the complainant is put to strict proof of the same.  The averments made in para 4 of the complaint that, the complainant has not registered any complaint with the OPs.  Hence, the averments made in the complaint are all false.  The para 5 to 9 are denied as false and the complainant is put to strict proof of the same.  The complainant is the owner of house situated at VRS layout, Chitradurga and its electricity meter No.41943, it is to be proved by the complainant.  The incident took place inside the house of the alleged RR Number.  Hence, the company is not liable.  The OP has not received any complaint on the alleged incident.  The electrical bill with regard to the alleged RR number reveals that there is no deficiency in service by the OPs.  The OPs have inspected and reported that, there is no fault from the BESCOM and hence, prayed for dismissal of the complaint.

  

 4.     Complainant has examined himself as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-9 were got marked and closed his side.  OPs have examined one Sri. Komalkumar, Assistant Executive Engineer and relied on Ex.B-1 to B-3 documents 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, due to high fluctuation of electricity, the materials belongs to the complainant were burnt and entitled for the reliefs as prayed for in the above complaint?

              (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.      It is not in dispute that, complainant is the customer of OP Company having electricity meter No.41943 situated at VRS layout, Turuvanur road, Chitradurga by paying monthly electricity charges on consumption.  The OPs are suppliers of electricity to their customers without disturbances.  On 24.03.2017 at about     8-40 PM, all of a sudden, the supply of electricity fluctuated in distribution.  Due to the fluctuation, the complainant has lost IFB Senorita VX 6 KG 800 RPM Washing Machine worth Rs.25,000/-, Godrej RT EON 261 P 4.3 Silver Meadow Refrigerator worth Rs.23,850/-, I-BALL 2.1 Bluetooth Speakers worth Rs.6,999/- and 4 LED household bulbs were burnt and damaged and nearly an amount of Rs.55,850/- was lost to the complainant.    After that, the complainant has lodged a complaint before the OP with respect to the said incident.  But, the OPs have not responded.  According to the OPs, the incident happened inside the house of the complainant and the complainant is not a customer of OP No.2 and this complaint is not maintainable but, due to fluctuation in electricity supply, the incident was happened.  The contention taken by the OP is not sustainable under law.  Because, the incident happened due to heavy fluctuation in supply of electricity.  Accordingly, the OPs have committed deficiency in service for non-settling the claim made by the complainant. 

9.      We have gone through the entire pleadings filed by the complainants along with documents by both parties.    As per the exhibits filed by the complainant, which clearly shows that, the complainant is the customer of OP No.2 and the exhibits produced by the complainant are the bills for having purchased the materials which were burnt due to fluctuation of electricity supply.  The OPs have given report as per Ex.A-6.  As per the report, the OP i.e., Assistant Executive Engineer clearly admits that on 24.03.2017 at 8-40 PM, due to heavy voltage, the things were burnt in the house of the complainant.  As per Ex-A-6, it is an admitted fact that, the things inside the house of the complainant were burnt due to heavy voltage.  There is no dispute with regard to the fact that, the complainant is the customer of OP No.2.  But, OP filed version and taken a contention that, the complainant is not the customer of OP No.2 but, the documents produced by the complainant clearly shows that, the complainant is the customer of the OP No.2 and as per Ex.A-6, the OPs have committed deficiency in service.     Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            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 OPs are hereby directed to pay a sum of Rs.55,850/- to the complainant towards compensation along with interest at the rate of 9% p.a from the date of filing of this complaint till realization. 

 It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.  

It is further ordered that, the OPs are 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 19/01/2018 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. Komalkumar, Assistant Executive Engineer by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Invoice dated 04.07.2013
02	Ex-A-2:-	Invoice dated 05.11.2015
03	Ex-A-3:-	Retail Invoice dated 20.07.2015
04	Ex-A-4:-	Job card
05	Ex-A-5:-	Letter dated 30.03.2017
06	Ex-A-6:-	Letter dated 05.04.2017
07	Ex-A-7:-	Legal notice dated 15.04.2017
08	Ex-A-8:-	Postal receipts
09	Ex-A-9:-	Postal acknowledgement

Documents marked on behalf of OPs:

01	Ex-B-1:-	Copy of electrical bill extract
02	Ex-B-2:-	Copy of AEE report
03	Ex-B-3:-	Copy of computer extract

 

 

MEMBER                                                  PRESIDENT

Rhr**