Haryana

Ambala

CC/122/2021

Baljit Kaur - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

Pearl Jaspal

27 Sep 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.         :     122 of 2021

                                                          Date of Institution           :     05.03.2021

                                                          Date of decision    :     27.09.2022.

Baljit Kaur wife of Late Sh.Gurjant Singh son of Sh.Sarwan Singh resident of Village Kanwala, District Ambala. (Age 50 Years)

          ……. Complainant.

                                                Versus

Uttar Haryana Bijli Vitran Nigam Ltd., West, Prem Nagar, Ambala City through its S.D.O.

….…. Opposite Party.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.            

Shri Vinod Kumar Sharma, Member.

 

Present:       Shri Vinod Chaudhary, Advocate, counsel for the complainant.

                   Shri Amit Jain, Advocate, counsel for the OP.

         

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

(i) To pay Rs.60,000/- (Value of Buffalo) along with interest @ 18% P.A. from the date of death till its realization.

(ii) To pay Rs.20,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.

(iii) To pay Rs.11,000/- as cost of litigation. 

2.             Brief facts of this case are that the electricity connection bearing Account No.1824820000 (Old No.2112302UMT581071) was installed in the premises of the complainant in the name of Late Sh. Sarwan Singh, father in law of the complainant since long time and she being beneficiary is using the electricity and is paying electricity bills regularly to the OP. On 14.5.2019 at 9 A.M., the complainant was going to tie her buffalo in bara near Gurdwara, but the buffalo started rubbing/scratching her body with the pole of the telephone. The electricity wire passing above the pole, touched the telephone pole and due to electrocution the buffalo died. The matter was reported to the Police, Model Town, City and Rapat was entered in Daily Diary vide no. 15 dated 14.5.2019. Post mortem was conducted at Animal Husbandry & Diarying Department, Haryana, vide Sr. No. 38079 on same day i.e. 14.5.2019 and the doctors opined that the cause of death of buffalo is due to electrocution. The complainant approached the OP as well as its Officers with a request to pay the claim for the loss suffered by her but to no avail. Hence, the present complaint.
3.           Upon notice, OP appeared and filed written version and raised preliminary objections with regard to maintainability, not come with clean hands and suppressed the material facts etc. On merits, it has been stated that in the complaint complainant has contended that she tied her buffalo with telephone pole, whereas, telephone pole is not installed in the premises of the complainant. The Buffalo was outside the premises of the complainant and she died due to the negligence of the complainant as she tied her buffalo with telephone pole instead to tie her with some hook. In the Post Mortem Report Sr. No.38079 dated 14.05.2019, the Doctor's has mentioned that "In my Opinion the buffalo might died due to electrocution" meaning thereby that exact reason of death was not due to electrocution and that there may be any other reason.  Rest of the averments of the complainant were denied by the OP and prayed for dismissal of the present complaint with costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A  alongwith documents as Annexure C-1 to C-4 and closed the evidence on behalf of the complainant. Learned counsel for OP tendered affidavit of Er.Kamal Panra, SDO, UNBVNL, Sub Division Model Town, Ambala City as Annexure OPA alongwith documents as Annexure OP-1 to OP-3 and closed evidence on behalf of the OP.
5.           We have heard the learned counsel for the parties and carefully gone through the case file.
6.           Learned counsel for the complainant submitted that the buffalo of the complainant died due to electrocution and thus the OP was under obligation to compensate the complainant for the loss suffered by her, on account of its negligence but they did not do so.
7.           On the contrary, the learned counsel for the OP submitted that neither the complainant is consumer of OP nor any concrete evidence, except post-mortem report which is ambiguous, as such,  complainant has not been able to prove her case that her buffalo died in her premises because of the said telephone pole, the OP, thus cannot be held negligent or deficient in providing service to the complainant. 
8.           First coming to the objection that the complainant is not a consumer of the OP, it may be stated here that the fact that the complainant being beneficiary is using the electricity from the abovesaid electricity connection, flown out of Late Sh. Swaran Singh, father-in-law of the complainant, has not been disputed by the OP, by placing on record any cogent evidence to the contrary. It is well settled law that the beneficiary of the consumer also falls under the definition of consumer.  Our this view is supported by the ratio of law laid down by the Hon’ble National Commission in II (2012) CPJ 659 (NC) and IV (2009) CPJ 97 (NC), wherein it was held that  consumer includes not only the person who hired 'services' for consideration but also beneficiary for whose benefit such services were hired. Therefore, it is held that the  complainant being beneficiary of Sh.Swaran Singh, her father-in-law (now deceased) falls under the definition of consumer .
9.           Coming to the merits of this case, it may be stated here that to prove her case that her buffalo died because of electrocution, the complainant has placed on record postmortem report dated 14.05.2019, Annexure C-1 having been issued by the Veterinary Surgeon, Animal Husbandry and Dairying Department, Haryana, wherein the said surgeon has clearly opined that he has found Wire Mark Present on right side of both the forelimb of the buffalo and also in general remarks has clearly opined the cause of death as “in my opinion the buffalo might died due to electrocution” . Thus, when the opinion/post-mortem report of the expert/surgeon is read as a whole, it leaves no doubt to hold that the buffalo of the complainant has died due to electrocution. In our considered opinion, since the buffalo of the complainant died due to broken/loose electric wires, which were passing close to the telephone pole in question, therefore, the OP can be held guilty in not carrying out proper watch on the electric lines passing nearby the telephone poles, to avoid such type of incidents. In the case of DHBVNL Vs. Parmilla Devi, 2013 (2) CPR 184 (NC), the Hon’ble National Commission has held that electricity board is duty bound to ensure proper and safe keep of electric wire. The Hon’ble National Commission New Delhi, in the case of DHBVNL Vs. Vidya Devi, III (2010) CPJ-198 (NC), has held that petitioner transmits energy, has duty to ensure safety and security of persons, animals and other objects.
10.           As far as objection taken by learned counsel for the OP that  because the telephone pole  in question was not installed in the premises of the complainant and the buffalo died outside the said premises i.e. in a public place therefore she does not come under the purview of the consumer, it may be stated here that irrespective of the fact that the buffalo of the complainant died inside the premises of the complainant or outside the premises of the complainant, but since it has been proved that buffalo died of electrocution due to broken/loose wires as the OP failed to carry out proper watch on the electric lines which were passing nearby the telephone poles, therefore, the OP cannot wriggle out of its liability on any ground. In the case of CGMP and ONPDCL and Ors, Vs. Koppu Duddarajam & Another IV (2008) C.P.J 139 (NC), the Hon’ble National Commission has held that Villagers pay taxes to village Panchayaths and power consumption charges to electricity company-consumers being beneficiaries entitled to compensation. In this view of the matter, we do not hesitate to conclude that the complainant is entitled to get the compensation.
11. Now coming to the quantum of compensation. From the perusal of receipt dated 08.04.2019, Annexure C-4, it is evident that one Rajesh Kumar, resident of Village Jandli, Ambala,  sold the said buffalo for Rs.82,000/- to Gurjant Singh son of Sarwan Singh of Village Kanwala, District Ambala (deceased husband of the complainant). However, the complainant has made a prayer for issuance of direction to the OP to pay Rs.60,000/-, i.e. the value of the buffalo. Under these circumstances, the OP is liable to make good the loss suffered by the complainant to the tune of Rs.60,000/-.
12.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:- 
    1. To pay Rs.60,000/- to the complainant alongwith interest @4% p.a. from the date of filing of the complaint i.e 05.03.2021, till its realisation. 
    2. To pay Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
    3. To pay Rs.2,000/- as litigation expenses.

 

              OP is further directed to comply with the order within a period of 45 days from the date of receipt of a certified copy of this order, failing which the amount mentioned in para No.12 (a & b) shall carry interest @ 6% p.a. from the date of default till realization. Certified copy of this order be sent to the parties concerned forthwith, free of costs, as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 27.09.2022.

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President