::BEFORE THE DISTRICT CONSUMER DISPUTES  REDRESSAL COMMISSION AT BIDAR::

                                                             C.C. No.45/2023.

                                                                                                                           Date of filing: 19.06.2023.

                                                              Date of disposal: 25.04.2024.

P R E S E N Ts:-    

                                (1) Shri. Mabu Saheb H.Chabbi,                                                                                                               B.Com.,LL.B.,(Spl.),

                                                                                                  President.,  

                                (2) Kum. Kavita,

                                                               M.A.,LL.B.,(Spl.),  

                                                                         Member.                       

COMPLAINANT/S                   1.  Santosh S/o Rachappa Solpur,

                                                         Age:35 years,Occ:Agriculture

                                                         R/o  Meenkera Tq:Chitguppa Dist:Bidar.                      

                                                     (By.Sri.Surendra Sindol Advocate.)              

                                                                                                V/s

OPPONENT/S                           1. The Tahasildar & Taluka Magistrate,
                                                     Chitguppa.                                                    

                                                     2.      The Executive Engineer
                                                    GESCOM, Humnabad.

                                                   3.      The Assistant Executive Engineer,

                                                     GESCOM, Chitguppa.

                                                     (OP No.1 By District Government pleader
                                                    Sri. S.B.Sajjan and
                                                   OP No.2&3 Sri.Santosh V.Bargale Advocate).
 

                                                                         ::  J U D G M E N T  ::

By Shri. Mabu Saheb H.Chabbi, President.           

The complaint is filed by the complainant under section 35 of the Consumer Protection Act 2019, against the opponents for the deficiency in service caused by not settling the claim of the compensation.  Hence, passed the following judgement.

Brief facts of the complaint.

The brief facts of the complaint are as follows: -

2.         The complainant is the permanent resident of Meenkera village Tq:Chitguppa and owns property of land in Sy.No.180 at Meenkera village measuring to the extent of 5 acres. The OP No.2 the Executive Engineer GESCOM Humnabad has installed electricity poles and HT Wires to supply the electricity and in the middle of the complainant’s land the OP No.2 has installed the TC.  In the year 2021-22 season the complainant has grown the Sugar cane crop in the above said Survey number to the extent of 2 Acres 20 Guntas and was ready to harvesting.  On 10.11.2021 at about 11.00 hours, due to short circuit  in the TC the Fire is sparked and the sugar cane crop of the complainant was burnt, due to the fire incident the complainant has sustained loss of Rs.2,80,000/- and pipe line of the complainant also damaged due to which sustained loss to the extent of Rs.50,000/- and Rs.80,000/- loss caused to the complainant towards the labour charged and for fertilizers and sought compensation from the Ops for Rs.4,10,000/-.  Soon after the incident the complainant intimated the Fire incident to the OP No.3 and they visited the spot and tried to extinguish the fire but could not save the crop of the complainant.  Thereafter on 11.11.2021 the complainant was approached OP No.1 and given the written complaint to award the compensation towards the loss caused to him and also requested OP No.2 and 3 to award the compensation.  The complainant has given complaint to the police and they have visited the spot and conducted panchanama under Cr.No.6/2021 on 10.11.2021.  The complainant approached the Ops for the compensation for several times but, they not heed the request of the complainant.  Hence, this complaint filed by the complainant against the Ops for claiming the compensation.

Written Version of OP.No.3.

3.         The notice issued by this commission to the Ops are served upon them and appeared through their counsel before this commission and OP No.3 filed his W.V. and the gist of the W.V. is as below.

            The OP No.3 denied that, the pole and the HT line installed in the land of complainant, it is denied that, he has grown Sugar cane crops to the extent of 2 Acres 20 guntas for the year 2021-2022 and also denied the short circuit and fire sparked from the wire and pole installed by the Ops.  The OP denied the loss of sugarcane and pipe sustained to the complainant.  There is no such complaint or intimation to the Ops by the complainant for the claim of compensation.  It is denied by the Ops that, the complainant has approached several times to the office of Ops for claiming compensation.  The complainant is not the consumer to the OP No.2 and 3 the alleged R.R. number is not standing in the name of complainant.  The OP denied the loss of drip irrigation pipes in his land, as there is no mention in the panchanama conducted by the police.  The complainant has produced fabricated documents before the commission to extract money from the Ops.  Hence, the Ops prayed to dismiss the complaint.  The OP No.2 filed a memo to adopt the W.V. of OP No.3 on 11.03.2023.  The OP NO.1 has not field his W.V. before this commission. 

Evidence of complainant.

4.         The complainant himself got examined as P.W.1 and got marked documents Ex.P.1 to Ex.P.12 which are as follows,

1. Ex.P.1-Copy of certificate issued by District Fire Brigade office, Bidar dt:18.01.2022.
2. Ex.P.1(a)-Copy of Master information issued by Asst.Executive Engineer GESCOM Mannaekhalli regarding RR.No. pertaining to Sri.Rachappa Shankreppa.
3. Ex.P.2-Copy of complaint given by complainant to Tahasildar Chitguppa dt:11.11.2021.
4. Ex.P.3-Copy of letter issued by Mannaekhelli Police to Tahasildar Chitguppa dt:10.11.2021.
5. Ex.P.4- Copy of panchanama conducted by police dt:10.11.2021.
6. Ex.P.5-Copy of statement of Santosh S/o Rachappa dt:10.11.2021 before Mannaekhelli PS dt:10.11.2021.
7. Ex.P.6-Copy of photo regarding burnt sugarcane.
8. Ex.P.7-Copy of Aadhar Card pertaining to complainant.
9. Ex.P.8-Cash bill issued by M/s Revansiddeshwar Enterprises dt:06.02.2021 in the name of complainant.
10. Ex.P.9-03 Cash bills issued by M/s Om Sai Fertilizers in the name of complainant.
11. Ex.P.10&10(a)-Photos pertaining to the loss of suragcane due to fire.
12. Ex.P.11-Copy of RTC.(2pages).
13. Ex.P.12-Letter issued by Asst.Executive Engineer GESCOM Mannekhelli to the complainant dt:05.03.2024.

Evidence of Opponent.

5.         One, Anil Kumar Patil S/o Shivlingappa Assistant Executive Engineer GESCOM Chitguppa, of Ops company, has been examined as R.W.1 and got marked 03 documents as per Ex.R.1 to Ex.R.03 on behalf of OP o.2 and 3 Company.

1.  Ex.R.1-Copy of letter issued by Tahasildar Chitguppa to the Executive
          Engineer GESCOM Chitguppa dt:07.08.2023.

2. Ex.R.2-Copy of Revenue Inspector report dt:05.08.2023.
3. Ex.R.3-Copy of panchanama by Revenue Inspector dt:05.08.2023.

Points/Issues.

6.         Heard the argument advanced by the parties.  On perusal of the pleadings, and documents of the parties, this commission raised the points for consideration as below;

1. Whether the complainant proves that, he is consumer to the Ops and further proves the deficiency of service is caused by the Ops in not settling his claim of compensation?  
2. Whether the complainant is entitled for any relief as sought in his complaint?

3. What orders? 

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

1. In the affirmative.
2. In the affirmative.
3. As per the final order.

Points No 1 and 2.

8.         In order to decide the complaint issues, this commission discussed points/issues No.1 and 2 together for discussion as each points are inter related to each other- as follows.

9.         In order to prove the case of the complainant the complainant has lead his evidence as P.W.1 by way of reiterating the complaint facts and got marked Ex.P.1 to Ex.P.12 documents on his behalf.  The OP No.2&3 have examined Anil Kumar Patil S/o Shivlingappa Assistant Executive Engineer GESCOM Chitguppa, as R.W.1, by filing evidence affidavit and got reiterated the facts of the W.V. of OP No.3 and got marked 03 documents to prove the case of the defence. 

10.       The case of the complainant is that, The complainant is the permanent resident of Meenkera village Tq:Chitguppa and owns property of land in Sy.No.180 at Meenkera village measuring to the extent of 5 acres. The OP No.2 the Executive Engineer GESCOM Humnabad  has installed electricity poles and HT Wires to supply the electricity and in the middle of the complainant’s land the OP No.2 has installed the TC.  In the year 2021-22 season the complainant has grown the Sugar cane crop in the above said Survey number to the extent of 2 Acres 20 Guntas and was ready to harvesting.  On 10.11.2021 at about 11.00 hours, due to short circuit in the T.C. the Fire is sparked and the sugar cane crop of the complainant was burnt, due to the fire incident the complainant has sustained loss of Rs.2,80,000/- and pipe line of the complainant also damaged due to which sustained loss to the extent of Rs.50,000/- and Rs.80,000/- loss caused to the complainant towards the labour charged and for fertilizers and sought compensation from the Ops for Rs.4,10,000/-.  Soon after the incident the complainant intimated the Fire incident to the OP No.3 and they visited the spot and tried to extinguish the fire but could not save the crop of the complainant.  Thereafter on 11.11.2021 the complainant was approached OP No.1 and given the written complaint to award the compensation towards the loss caused to him and also requested OP No.2 and 3 to award the compensation.  The complainant has given complaint to the police and they have visited the spot and conducted panchanama under Cr.No.6/2021 on 10.11.2021.  The complainant approached the Ops for the compensation several times but, they not heed the request of the complainant.  

11.       The complainant has produced Ex.P.1 the copy of certificate issued by Fire Station Bidar, dt:18.01.2022 the loss of sugar cane due to fire in the extent of 2 Acres and the loss of  pipe line was reported on 10.11.2021.  Another document Ex.P.2 the complaint given by the complainant to the Thasildar Chitguppa regarding the loss of his Sugar Cane due to fire which took place due to short circuit from the TC which was installed by the OP No.2&3.  Ex.P.3 is the report of SHO Mannaekhelli Police to the Thasildar Citguppa on 10.11.2021 regarding the loss of sugar cane of the complainant in the land of 2 Acre 20 Gunta in Sy.No.180 of Meenkera Village  and loss was assessed for Rs.90,000/-.  Ex.P.4 is the copy of Panchanama conducted by the Mannaekhelli police and reported the loss of Rs.90,000/- due to fire incident to the sugar cane crop of the complainant, Ex.P.5 is the statement of complainant before police stating that, he has sustained loss of Rs.90,000/- for the loss of his sugar cane crop in the above said survey number. 

12.       The OP has produced Ex.R.1 the report of Tahasildar Chitguppa to the Executive Engineer GESCOM Chitguppa that, loss of Rs.80,000/- caused to the complainant’s Sugar Cane crop in the extent of 1 Acre in Sy.No.180/3 of Meenkera village, Ex.R.2 is the copy of report with Ex.R.3 the copy of panchanama conducted by the Revenue Inspector that, the loss of Rs.80,000/- was assessed by the said officer in the above said land to the extent of land one Acre in the above said survey number.  In view of the report of Tahasildar Chitguppa and the report of Revenue Inspector as per Ex.R.2 the loss of sugar cane in the complainant’s land due to electric short circuit assessed for Rs.80,000/- in the extent of 1 Acre in the above said Survey number.  The report to the GESCOM Executive Engineer by the Tahasildar Chitguppa as per Ex.R.1 is the more relevant document than the document Ex.P.4 Panchanama conducted by police Head constable of Mannaekhelli police station.  THe Ex.R.1 report is based upon EX.R2&Ex.R.3 report and panchanama by the Revenue Inspector Bheemalkhed, wherein the said Revenue Inspector has also evaluated the loss of Sugar cane is for Rs.80,000/- in the extent of 1 Acre in the above said survey number of the complainant.  In view of these evidence and documents the complainant is entitle for Rs.80,000/- compensation from the OP No.2&3. 

13.       The complainant has produced Ex.P.8 and Ex.P.9 the receipts for having purchased the pipes and other materials on 06.02.2021, 07.01.2021, 02.05.2021 and 05.07.2021 for Rs.93,970/- from M/s Reveansiddeshwar Enterprises and from M/s Om Sai Enterprises but, the report of police panchanama as per Ex.P.4, as per report of Tahasildar Chitguppa Ex.R.1, and Ex.R.2 and Ex.R.3the report and panchanama of Revenue Inspector does not disclose the loss of pipeline which was alleged to be caused loss due to fire incident.  On going through the complaint given by the complainant himself to the Tahasildar Chitguppa as per Ex.P.2 and  Ex.P.5 complaint before Tahasildar and another complaint before Mannaekhelli police does not disclose the loss of pipe line which was alleged to be installed in his above said land.  In view of the above facts and evidence this commission considered the loss of sugar cane to the extent of 1 Acre which was reported by Tahasildar Chitguppa as per Ex.R.1 and Ex.R.2 report of Revenue Inspector of Mannaekhelli and Panchanama of the same inspector.  Which disclosed the loss of sugar cane for Rs.80,000/- in the above said land in the extent of 1 Acre.  Though the complainant has alleged that, the loss of sugar cane was to the extent of 2 Acre 20 Gunta but, does not supported with any evidence and proof before this commission.   

14.       The OP No.2&3 took up the contention that, the complainant is not consumer to the OP No.2&3 Company.  The complainant has produced Ex.P.1(a) the copy of Master Information from which we can find the RR Nio.MNIP26196 stood in the name of Sri.Rachappa Shankreppa and the OP No.2&3 also admitted the fact of Sri.Rachappa Shankreppa is the consumer to the GESCOM and denied that, the complainant is the consumer.  But, on going through the entire records the said Rachappa is nothing but, the father of said complainant.  In view of the above said Ex.P.1(a) and Ex.P.12 the complainant is considered to be a consumer to the OP No.2&3.  Ex.P.11 the ROR produced by the complainant which are in the name of complainant in Sy.No.180/3 of Meenakera village to the extent of 5 Acre 24Gunta.  Ex.P.10 and Ex.P.10(a) are the photos pertaining to the Panchanama conducted by the police at the time of their inspection.  The complainant has not proved the case against OP No.1 and hence is liable to be dismissed.

15.       In view of the above said discussion the complainant has proved his case against the OP No.2&3 for the deficiency of service caused to the complainant.  The complainant proved his case against the OP No.2&3 for the compensation of Rs.80,000/-.  Accordingly we answered the point No 1 and 2 in the affirmative in favour of complainant and proceed to pass the following order.

::ORDER::

            The complaint u/s 35 of CP Act 2019, filed by the complainant is hereby allowed in part along with costs and compensation.

            The OP. No.2&3 are hereby directed to pay the compensation of Rs.80,000/- (Rupees eighty-thousand only) along with the interest at the rate of 9% p.a. from the date of complaint dt:19.06.2023 till the realisation of entire amount along with compensation of Rs.10,000/- for the sufferance and inconvenience caused to the complainant and Rs.5,000/- as litigation expense to the complainant within 45 days from the date of this order. 

            The case of the complainant against OP No.1 is hereby dismissed.      

            Intimate the parties accordingly.  

 (Typed to our dictation then corrected, signed by us and then pronounced in the open Commission on this 25^th day of April-2024).

Documents produced by the complainant.

1. Ex.P.1-Copy of certificate issued by District Fire Brigade office, Bidar dt:18.01.2022.
2. Ex.P.1(a)-Copy of Master information issued by Asst.Executive Engineer GESCOM Mannaekhalli regarding RR.No. pertaining to Sri.Rachappa Shankreppa.
3. Ex.P.2-Copy of complaint given by complainant to Tahasildar Chitguppa dt:11.11.2021.
4. Ex.P.3-Copy of letter issued by Mannaekhelli Police to Tahasildar Chitguppa dt:10.11.2021.
5. Ex.P.4- Copy of panchanama conducted by police dt:10.11.2021.
6. Ex.P.5-Copy of statement of Santosh S/o Rachappa dt:10.11.2021 before Mannaekhelli PS dt:10.11.2021.
7. Ex.P.6-Copy of photo regarding burnt sugarcane.
8. Ex.P.7-Copy of Aadhar Card pertaining to complainant.
9. Ex.P.8-Cash bill issued by M/s Revansiddeshwar Enterprises dt:06.02.2021 in the name of complainant.
10. Ex.P.9-03 Cash bills issued by M/s Om Sai Fertilizers in the name of complainant.
11. Ex.P.10&10(a)-Photos pertaining to the loss of suragcane due to fire.
12. Ex.P.11-Copy of RTC.(2pages).
13. Ex.P.12-Letter issued by Asst.Executive Engineer GESCOM Mannekhelli to the complainant dt:05.03.2024.

Document produced by the Opponent.

1. Ex.R.1-Copy of letter issued by Tahasildar Chitguppa to the Executive Engineer GESCOM Chitguppa dt:07.08.2023.
2. Ex.R.2-Copy of Revenue Inspector report dt:05.08.2023.
3. Ex.R.3-Copy of panchanama by Revenue Inspector dt:05.08.2023.

Witness examined.

Complainant.:-

P.W.1- Santosh S/o Rachappa Solpur,     (complainant).   

Opponent:- 

R.W.1-Anil Kumar Patil S/o Shivlingappa Assistant Executive Engineer GESCOM Chitguppa, of Ops company.