Haryana

Yamunanagar

CC/1134/2011

Mimla Devi W/o. Bachana Ram - Complainant(s)

Versus

UHBVN - Opp.Party(s)

Vikas Sharma

10 Mar 2017

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

                                                                                    Complaint No. 1134 of 2011.

                                                                                    Date of institution: 08.11.2011

                                                                                    Date of decision: 10.03.2017.

Mimla Devi aged about 40 years wife of Shri Bachana Ram, Caste Hindu Gujjar, resident of Village Alisherpur Majra, Tehsil Bilaspur, District Yamuna Nagar.                                                                                             

                                                                                                                  …Complainant.

                                    Versus

1. Uttari Haryana Bijli Vitran Nigam Shakti Bhawan, Panchkula, through its Chairman or Member Secretary.
2. The Executive Engineer, UHBVN, Yamuna Nagar.
3. The S.D.O. Op. UHBVN, Bilaspur, Distt. Yamuna Nagar.

                                                                                                     … Respondents.

 

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT.

                         SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Vikas Sharma, Advocate, counsel for complainant.

              Sh. Dharamvir Singh, Advocate, counsel for respondents.

 

ORDER

 

1.                     Complainant  Mimla Devi has filed the present complaint under section 12 of the Consumer Protection 1986 amended up to date.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that high voltage line/ cables of 11000 Voltage capacity is passing through the roof of house of the complainant, which has illegally been passed by the respondents (hereinafter respondents will be referred as OPs) despite the objections and protest on the part of the husband of the complainant. Unfortunately, on 11.04.2011 in the noon, the complainant was collecting Sarson Crop , on the roof and when the complainant tried to throw the remains in the side of the roof, near Munder, the complainant came into contact of the high voltage cables which were passing over the roof and was badly electrocuted through her head, forehead, hands, feet and other parts of the body and the complainant become senseless. The complainant was brought and admitted in Rameshwar Dass Memorial Hospital, Near Bus Stand, Jagadhri by her husband and other family members and the complainant remained admitted for a sufficient long time and was given medical treatment. However, complainant could not recover completely and even unable to do any work. As the complainant suffered electrocution on head also so she has been operated upon by the doctor at Jindal Hospital, Jagadhri. In this way, the complainant has become totally handicapped and disabled. This incident was published in the news paper also in Amar Ujala dated 16.04.2011 and matter was also reported to the police of Police Post Ranjitpur, P.S. Bilaspur where a DDR No. 10 dated 17.04.2011 was recorded on the statement of the complainant. The complainant has spent a sum of Rs. 1,00,000/- on her treatment which is still going on. The complainant has suffered mental harassment, physical agony because of illegal act on the part of the OPs Nigam, hence, the complainantis entitled to get the damages. A legal notice dated 09.06.2011 was also given to the OPs Nigam but of no use. Lastly, prayed for directing the OPs Nigam to remove the said high voltage line/cable from the roof of the complainant and also to pay Rs. 3,00,000/- on account of damage and compensation and also to pay Rs. 1,00,000/- as cost of treatment and Rs.6000/- as cost of proceedings.

3.                     Upon notice, OPs Nigam appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable as the complainant has no cause of action; complainant has no locus standi to file the present complaint; complainant is estopped from filing the present complaint by his own act and conduct; complaint of the complainant is false and frivolous to the very knowledge of the complainant and has been filed just to harass the OPs Nigam; complainant has not come to this Forum with clean hands and has suppressed the true and material facts and on merit it has been stated that electric line is not crossing over the house of the complainant. The electricity line is going alongwith the public street. But it is the complainant who had done illegal encroachment over the public street by illegally constructing Chhajja so there is no illegality on the part of the OPs Nigam. It has been further stated that if the complainant has suffered injuries, there is no fault on the part of the OPs Nigam. Rest contents of the complaint were denied. Lastly, prayed for dismissal of complaint as there was no deficiency in service or unfair trade practice on the part of OPs Nigam.

4.                     In support of her case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and affidavit of Bachana Ram husband of complainant as Annexure CW/B and documents such as Receipt of Garg ENT Hospital as Annexure C-1, DDR bearing No. 10 dated 17.04.2011 as Annexure C-2, Carbon Copy of application moved by the husband of the complainant to the Police Post Ranjitpur as Annexure C-3, Copy of Newspaper Amar Ujala dated 16.04.2011 as Annexure C-4, Postal Receipts as Annexure C-5, Copy of legal notice dated 09.06.2011 as Annexure C-6, Acknowledgement as Annexure C-7 and C-8, Medical bills of chemist as Annexure C-9 and C-10, Hospital Billof Rameshwar Dass Memorial Hospital as Annexure C-11, Prescription slips of Garg Hospital as Annexure C-12, Computer generated bills of medical store consisting 1 to 72 pages as Annexure c-13, Prescription slip of Astha Hospital as Annexure C-14, Photographs as Annexure C-15 and C-16 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the OPs tendered into evidence affidavit of Sh. Pardeep Kumar, SDO as Annexure RW/A and closed the evidence on behalf of OPs.

6.                     We have heard the learned counsel of both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                     The only version of the complainant is that when she was collecting the Sarson crop on the roof of her house and tried to throw the remains in the side of the roof near Munder, she came into the contact of the high voltage cable/wires and was badly electrocuted due to which she suffered serious injuries and remained admitted in the hospital for couple of days and near about Rs. 1,00,000/- were spent on her treatment and this incidents took place due to the negligence on the part of the OPs Nigam for which complainant is entitled to get the compensation as well as expenses of treatment from the OPs Nigam. Learned counsel for the complainant draw our attentions towards the copy of DDR No. 10 dated 17.04.2011 and Newspaper Published in the Newspaper on 16.04.2011 in Amar Ujala Annexure C-4 and also towards the application dated 12.04.2011 for lodging the DDR to the police Annexure c-3 and argued that from these documents it is clearly evident that complainant has suffered injuries due to the electrocution. Learned counsel for the complainant further draw our attentions towards various medical bills Annexure C-9 to C-13 vide which the complainant had spent huge amount on her treatment. Learned counsel for the complainant further draw our attention towards the photographs Annexure C-15 and C-16. Learned  counsel for the complainant referred the case law in support of her version titled as N. Kunchi Babu and Another Versus A.P. Transco, Hyderabad & Others, 2010 (1) CPC page 427.

            Learned counsel for the complainant argued that OPs Nigam have not been maintaining the electricity system properly and not providing safety to the consumers due to which the complainant suffered serious electrocution injuries. Hence, it amounts to deficiency in service on their part and as such the complainant is entitled to compensation.            

8.                     On the other hand, learned counsel for the OPs hotly argued at length that neither any claim has been lodged with the OPs Nigam by the complainant nor any negligence on the part of the OPs has been proved on the file by the complainant. Learned counsel for the OPs further argued that even the complainant does not fall under the definition of consumer as the complainant has totally failed to file any electricity bill or particulars of any electricity connection in her name or in the name of her husband. Further, learned counsel for the OPs          argued that a complicated question of law and facts is involved in the present case and to decide such type of cases Civil Court is the best plate form. Lastly, prayed for dismissal of complaint.

9.                     After hearing both the parties and having gone through the material available on records i.e. copy of DDR bearing No. 10 dated 17.04.2011 Annexure C-2, News published in the News Paper Annexure C-4 and further medical bills, prescription slips placed on file by the complainant, we are of the considered view that the complaint of the complainant deserves acceptance as there is negligence and deficiency in service on the part of the OPs Nigam. There is ample evidence on record (Annexure C-2, C-4 and C-12) i.e. copy of DDR, Copy of News Paper and copy of prescription slip of Garg Hospital, that the electric wire touched the complainant and due to that complainant suffered electrocution injuries. In addition to this, the complainant has also placed on file various photographs Annexure c-15 and C-16 and Photostat of legal notice Annexure c-6 which proves that the complainant has suffered injuries due to electric current.  It is also proved by the affidavit of the complainant that electric system was not properly maintained by the OPs Nigam and no safety measures were adopted. Hence, not maintaining electric wire properly amounts to negligence and deficiency in service by the OPs Nigam.

10.                   So far as the question of amount of compensation is concerned, the complainant has placed on file various bills Annexure C-13 but these bills are neither duly proved nor any affidavit in support of these bills has been placed on file by the complainant. Further, these bills are also not supported by any prescription slips issued by the treating doctor. However, even then it cannot be presumed that complainant has not spent any money on her treatment. So, keeping in view of the entire facts of the case and case law referred by the counsel for the complainant titled as N. Kunchi Babu and Another Versus A.P. Transco, Hyderabad & Others (supra) , we feel that an amount of Rs 30,000/- will be adequate and sufficient to meet the end of justice.

11.                   Resultantly, we partly allow the complaint of complainant and direct the OPs Nigam to pay Rs. 30,000/- to the complainant as compensation for medical treatment, harassment as well as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 10.03.2017.

 

                                                                                                (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

                                                                                                DCDRF, YAMUNANAGAR

 

 

                                                                                              (S.C.SHARMA )

                                                                                              MEMBER