Between:

Dontha Nageswar Rao,

S/o Dontha Dastagiri,

Cultivation,

R/o High School Kottala Village – 518 502,

Nandyal Mandal,

Kurnool District.                                                     …Complainant

                                                    -Vs-      

1. The Superintending Engineer,

   Operation Circle, APCPDCP Limited,  

   D.No.9-853, Near SAP Camp,

   KURNOOL – 518 003.

2. The Divisional Engineer (Operation)

   APCPDCP Limited,

   D.No.25-3, Bomala Satram,

   Nandyal – 518 501,

   Kurnool District.

3. The Assistant  Engineer (Operation)

   APCPDCP Limited,

   D.No.25-3, Bomala Satram,

   Nandyal – 518 501,

   Kurnool District.                                              ...Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri.D.M.Ramachandra Reddy, Advocate for complainant and Sri.D.Sreenivasulu, Advocate for opposite parties 1 to 3 and upon perusing the material papers on record, the Forum made the following.

                                                                   ORDER

(As per Sri. M.Krishna Reddy, Male Member)      

C.C. No.2/2012

1.     This complaint is filed by the complainant under section 12 of C.P. Act, 1986 seeking a direction on opposite parties for the payment of:-

(a)          Rs.1,15,000/- as compensation for his three died milching  buffaloes  due to electrocution; 

(b)          12% per annum interest on awarded amount from 26-05-2009;

(c)           Costs of petition;

2.    The case of the complainant is that he is an agriculturist possessing three milching buffaloes, one aged 4½ years carrying five months pregnancy, another aged 5 years carrying 3 months pregnancy and third one aged 6 years carrying 7 months pregnancy.  The market value of the three animals was Rs.27,000/-, Rs.26,000/- and Rs.30,000/- respectively,  totaling Rs.93,000/-.  The three animals were giving milk each 5 liters in the morning and 4 liters in the evening every day.  The total income of the complainant was Rs.540/- per day at Rs.20/- per liter, and Rs.16,200/- per month.  The expenditure for feeding three animals was Rs.4,500/- per month.  He was getting net income of Rs.11,700/- per month or Rs.1,40,400/- per year.  The complainant’s wife took the three animals for grazing in the fields of High School Kottala on 26-05-2009.  While passing in the fields of CH.Tirupal Reddy the three animals came in to contact with a live high voltage electrical wire which was hanging at very low level, struggled for life due to electric shock and died there itself.  She informed about the incident to her husband who immediately reported to S.K.Nabi, Assistant Line Man.  The complainant also reported the matter to Taluk Police Station, Nandyal and registered F.I.R. as Crime no.148/2009.  The veterinary Assistant Surgeon, Pandurangapuram Village conducted Post Mortem of three animals on 27-05-2009.  The complainant incurred Rs.2,000/- for taking three the animals and conducting post mortem at Pandurangapuram.  Andhra Jyothi District Edition of Telugu Daily News Paper dated 27-05-2009 in page 12 last column reported the news about the incident.  The opposite party No.3 gave a preliminary report on the incident to opposite party No.2 sending a copy of it to opposite party No.1.  The complainant got a legal notice issued to opposite parties on 22-12-2009 claiming compensation.  After receiving the notice on 31-12-2009, opposite parties offered Rs.9,000/- to complainant.  Unsatisfied by the offer, the complainant filed a case before this Forum claiming appropriate reliefs. 

3.     Sworn affidavit and Ex.A1 to A9 are filed by the complainant to support his case. 

4.     Opposite party No.3 filed written version denying his liability to the complainants claim.  Opposite parties 1 and 2 filed adopting memo the written version of opposite party No.3.  As per opposite parties in the fields of Ch.Tirupal Reddy of High School Kottala Village, where the alleged the three buffalos died due to electric shock, has no high voltage wire hanging.  Opposite parties also denied the complaint of the complainant to the Assistant Lineman by name S.K.Nabi and also pleaded that F.I.R. and Post Mortem reports of the animals are false and fabricated for the purpose of this complaint.  Opposite parties avered that they are not aware of the pregnancy of buffalos, earning of the complainant by selling milk and his loss due to their death.  As the opposite parties are not connected to the alleged incident, the question of their negligence or deficiency does not arise.  In view of the above pleadings it is prayed for the dismissal of the case. 

5.     Opposite parties filed sworn affidavit to support his case.

6.     Complainant filed written arguments.

7.     Now the points that arise for consideration are:

                     i.        Whether the complainant made out a case against opposite parties to prove deficiency?

                    ii.        Whether the complainant is entitled for any reliefs?

                  iii.        To what relief?

8.     Ex.A1 is copy of F.I.R. in Crime No.148/2009 dated 26-05-2009 register in a criminal case against opposite parties in P.S. Nandyal Taluk.  Ex.A2 copy of letter from opposite parties addressed to opposite party No.2 and opposite party No.1 intimating about the incident.  Ex.A3 copy of post mortem report dated 27-05-2009, Ex.A1 to Ex.A3 clearly disclose that the three buffalos of the complainant died in the field of Ch.Tirupal Reddy due to electrocution on 26-05-2009 and the complainant incurred a total loss of Rs.93,000/-.  Now the points for consideration are (1) Whether the complainant is a consumer of opposite parties (2) Whether this Forum has jurisdiction to entertain this case.  According to C.P. Act Section 2 (i) d (i) (ii) the definition of “Consumer” to mean “any person who” is an inclusive of definition.  In this case death of complainant buffalos on account of electrocution occurred from electric wire hanging in the field of Ch.Tirupal Reddy but not from that supplying electricity to the fields of the complainant.  There is no payment of consideration by the complainant to opposite parties for hiring services.  Hence the complainant is not a Consumer of opposite parties.  Therefore Forum may not be a proper plat form to dispose of such a case.  The complaint is liable for dismissal with liberty to complainant to approach Civil Court or any other Forum for reliefs claimed.  The complainant can take advantage of provisions of section 14 of limitation act to exclude the period spent in prosecuting the proceedings under Consumer Protection Act, while computing period of limitation prescribed for such a suit. 

9.     In the result, the complaint is dismissed with liberty to complainant to approach Civil Court or any other Forum for reliefs claimed. The complainant can take advantage of provisions of section 14 of limitation Act to exclude the period spent in prosecuting the proceedings under consumer Protection Act, while computing period of limitation prescribed for such a suit.       

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 27^th day of August, 2012.

Sd/-                                     Sd/-                                Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nill            For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of F.I.R. in Crime No.148/2009 Nandyal P.S.,

                Kurnool District dated 26-05-2009.

Ex.A2.       Photo copy of Letter addressed by the opposite party No.2

                and opposite party No.1.

Ex.A3                Photo copy of Post Mortem Report dated 27-05-2009 along

                with Letter Roc.No.15/2009 dated 27-05-2009.

Ex.A4                Office copy of Legal Notice dated 22-12-2009 along with

Postal Receipt.

Ex.A5                Acknowledgement Card.

Ex.A6                Acknowledgement Card.

Ex.A7                Andhra Jyothi Telugu Daily News paper Kurnool District

                Edition dated 27-05-2009.

Ex.A8                Photo (No.1).

Ex.A9                Bill issued by Vijaya Durga Video, photos & Degital

dated 26-05-2009.

List of exhibits marked for the opposite parties:- NILL

Sd/-                                   Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :                               

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