IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

SRI. C.V. MARGOOR,PRESIDENT

O R D E R

1. This complaint filed by Mr. A.M. Vinod Kumar s/o. late Madappa A.P, resident of Napoklu Village, Madikeri Taluk, Kodagu District against the opponents Executive Engineer and Assistant Executive Engineer, CHESCOM, Madikeri with a prayer to direct the opponents to pay Rs.7,00,000/- by way of compensation for the loss and damages sustained by him, a sum of Rs.1,00,000/- as compensation for mental agony and inconvenience suffered by the complainant and cost of this proceedings.

2. The complainant is a consumer of opponents vide RR No.29198 at Napoklu Village since many years and he has been promptly paying his electrical bills regularly.  That on 15/04/2018 the house of the complainant was burnt due to electrical short circuit including near by the houses of others.  The complainant household valuables like TV, Fridge, washing machine, ceiling fans and other electronic gadget with furniture, beds and cots were burnt and damage was caused to the walls and RCC beyond repairs.  The value of the articles and damage to the walls is worth about Rs.7,00,000/-.  The complainant has reported to Napoklu Police on 17/04/2018 and after registering a case the police have drawn mahazar about the damage to the house and burnt articles on 18/04/2018.

3. The complainant has issued notice to the opponent no.1 and 2 on 17/04/2018 and 03/05/2018 but they neither replied to the notice nor taken any steps with regard to the loss and damages sustained to him due to the negligence of the opponents hence, this complaint.

4. The opponent no.1 and 2 after service of notice appeared through their learned counsel and filed written version contending that on 15/04/2018 noon due to lightning and thunder storm raining there was disruption in electric supply in 11 KV line.  The complainant did not inform the incident whcih occurred in his house but on the next day one of the consumer A.K. Ponnappa has complained.  Then the officials of opponent gave visit to the spot and found breaking of 2HG fuse wire transformer.  The line man has attended the repairs and the fuse wire might have broken due to lightning and thunder storm raining on 15/04/2018.

5. It is further case of opponents that on the request made by complainant the opponents have visited the house of the complainant and found burnt of electrical and electronic gadgets.  Due to hurricane and heavy rains high voltage electricity might have supplied in the line situated near by the house of the complainant as a result short circuit was happened.  There is no negligence or deficiency of service on the part of opponents.  The complainant has not sustained loss to the extent of Rs.7,00,000/- as alleged in the complaint.  The incident was occurred due to natural calamity as such the opponents are not liable to pay huge amount as claimed by the complainant.  This Forum is not having jurisdiction and on the contrary it is a civil dispute.  On the above grounds, the opponents prayed to dismiss the complaint.

6. The complainant filed his affidavit in lieu of evidence and got marked exhibits P1 to P8 documents.  On the other hand the opponents did not care to file affidavit evidence and on the contrary the opponents and their learned counsel were remained absent since 15/12/2018.

7. We heard arguments advanced by the learned counsel for the complainant and the points that would arise for determination are as under;

1. Whether the complainant proves that he has sustained loss and damages due to the negligence and deficiency in service by the opponents?

2. To what order?

8. Our findings on the above points is as under;

• Point No.1:- In the Affirmative
• Point No.2:- As per final order for the below

R E A S O N S

9. The learned counsel for the complainant urged that due to short circuit not only the house of the complainant but also the adjoining houses of the complainant were burnt on 15/04/2018.  The opponents in the written statement filed on 17/11/2018 in this case have admitted the burnt of the complainant electrical and electronic gadgets and damage to the house due to short circuit on 15/04/2018.  It is the contention of the opponents that the said incident took place due to natural calamity but not on the negligence on the part of   opponents.  It is the duty of opponents to maintain the high voltage supply electrical lines in order to avoid unforeseen events due to lightning and thunder storm raining.  Such lightning and thunder storm raining will commence before commencement of monsoon in the month of April and May.  The said incident has taken place due to negligence and deficiency in service by the opponents.  It is not the case of opponents that the electrical wiring in the house of the complainant was not in order.  Therefore, the said incident took place due to non-maintenance of the electric line which is outside the house of the complainant. 

10. The complainant produced exhibit P7 in all 36 photos to show the burnt articles and present condition of the walls, windows and doors of the house.  Further the complainant produced newspaper cuttings and it is published that due to CHESCOM wrong connection many houses were burnt at Napoklu Village.  It is evident from the photos, newspaper cuttings and admission by the opponents  that due to deficiency in service on the part of opponents the house of the complainant along with other houses were burnt on 15/04/2018.  It is the contention of opponents that the claim made by the complainant is on higher side.  The complainant has sent exhibits P1 and P2 notice on 17/04/2018 and 03/05/2018 to the opponents to pay the compensation for loss sustained by him due to electrical short circuit.  Exhibit P6 is copy of FIR registered by Napoklu Police on 17/04/2018 on the complaint filed by complainant Mr. Vinod Kumar.A.M.  Exhibit P5 copy of mahazar drawn by Napoklu Police on 18/04/2018 and they have estimated the loss to the extent of Rs.6,62,000/-.  The opponents inspite of the knowledge with regard to incident they have not produced any document to show that their official gave visit to the house of complainant and prepared the estimation of loss sustained by him.  Therefore, the compensation claimed by the complainant to the extent of Rs.7,00,000/- is reasonable and acceptable.

11. The last contention of opponents is that this Forum is not having  jurisdiction and the complainant would have approached the civil court.  In the preceding paragraph it is held that on account of negligence and deficiency of service on the part of opponents the alleged mishap was occurred in the house of complainant on 15/04/2018.  In UP Power Corporation Ltd. v/s Anis Ahamed AIR 2013 SC 2766 = (2013) 8 SCC 491 it is held that the National Commission failed to notice that by virtue of section 3 of the Consumer Protection Act no bar to the jurisdiction of the Consumer Forum.  It is further observed that in case of inconsistency between the Electricity Act, 2003 and the Consumer Protection Act, 1986 the Provisions of Consumer Protection Act will prevail.  Therefore, this Forum is having jurisdiction to award compensation to the complainant for the loss sustained by him due to deficiency in service on the part of opponents.  In the result, we proceed to pass the following ;

O R D E R

1. The complaint filed by Mr. A.M. Vinod Kumar s/o.late Madappa A.P, resident of Napoklu Village is partly allowed directing the opponent no.1 and 2 shall pay a sum of Rs.7,00,000/- as compensation within two months from the date of order.
2. It is further ordered that the opponents shall liable to pay a sum of Rs.20,000/- as compensation for mental agony and inconvenience suffered by the complainant in addition to Rs.10,000/- as cost of this proceedings.
3. In case the opponents failed to pay the said amount within the stipulated period of two months then it carries interest at the rate of 10% per annum from the date of order till its realization.
4. Furnish copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 16^th day of FEBRUARY, 2019)

                                                      (C.V. MARGOOR)

                                                          PRESIDENT 

                                                    (M.C. DEVAKUMAR)

                                                             MEMBER