Haryana

Karnal

CC/620/2021

Rajesh Kumar - Complainant(s)

Versus

Uttar Haryana Bijli Vitran Nigam Limited - Opp.Party(s)

Vinod Kumar Gupta

17 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 620 of 2021

                                                        Date of instt.09.11.2021

                                                        Date of Decision:17.04.2023

 

Rajesh Kumar, age 45 years, son of Shri Raghunath Bansal, resident of house no.447/7, near Sanatam Dharam Mandir, New Colony, Kurukshetra, District Kurukshetra. Mobile no.9812103081.

 

                                               …….Complainant.

                                              Versus

 

1.     Uttar Haryana Bijli Vitran Nigam Ltd. through its Chairman, Shakti Bhawan, Sector-6, Panchkula.

 

2.     Sub Divisional Officer (OP) Sub Urban-1, Uttar Haryana Bijli Vitran Nigam, Amin, District Kurukshetra.

 

3.     XEN, Uttar Haryana Bijli Vitran Nigam Ltd., Sector-12, Karnal.

 

                                                                         …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

          

 Argued by: Shri Vinod Kumar, counsel for the complainant.

                    OPs defence struck off (vide order dated 31.05.2022)

 

                    (Jaswant Singh President)

ORDER:   

                

                  The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is having landed and residential property at village Samana Bahu, tehsil Nilokheri, District Karnal. The complainant is having a Dhaba, which at present is under the name and style of Nanak Dhaba, opposite Sitara Dhaba on the G.T. Road in Samana Bahu and same had been established in the year 1990. In the back side of the Nanak Dhaba, complainant had got constructed some rooms, which are separate from the Dhaba and an electricity connection bearing account no.AJ1B-2837-R has been issued by OP no.2, working under OP no.1, in favour of the complainant and complainant is regularly paying the electricity bills. The OP, some time back, has laid electricity wire, having current of 11000 Volts, which runs over the existing rooms, so constructed by the complainant, and as per the norms of electricity authorities, the wires so laid should be 3.7 mtrs. from the higher point and 1.2 mtrs. away from the nearest point. The wires so laid by the OPs are not according to the prescribed norms, and are hanging downward, for which, complainant had intimated the Lineman and concerning officer, but the officials of the OPs did not care for the request of the complainant. On 03.03.2021, complainant stepped up at the roof of the room and as the wires, which had been hanging downward all of sudden got further loosened and bend downward, resulting, electricity current running through the wires, immediately caught the complainant, and the complainant was made to fall on the ground by the jerk, resulting in the loss of consciousness of the complainant and electric burn injury on the head as well as on the left foot of the complainant. The complainant was taken to Anand Orthopaedic Centre, Kurukshetra, from where, he was referred to Neuro Surgeon and thereafter, was taken to Anand Orthopaedic Centre, opposite Theme Park, University Road, Kurukshetra, where Dr. Himanshu Jain, Neuro Surgeon attended the complainant and chief complaints (i) loss of consciousness present (ii) electricity burn entry wound present over scalp about 3x3 cm and an exist wound present at left foot size about 7x5 cm.  The complainant was admitted there and was discharge on 08.03.2021 but doctor advised complete rest, till 28.06.2021. An amount of Rs.37,000/- was charged by the Doctor. Besides this, the complainant spent an amount of Rs.80770/- till 28.06.2021, on the medicines, so purchased for the treatment of the complainant. An amount of Rs.200/- per visit was charged for the dressing of the complainant and there was dress on the wounds, for which, complainant had to pay Rs.700/- as conveyance charges to the Ambulance from his home to the hospital and vice-versa. The complainant also visited the hospital of Dr. Vineet Bhai, Dugal Colony, Karnal in OPD, MRI of the complainant was got done from MiriPiri Institute, Shahabad, for which, complainant had to pay sum of Rs.3500/-. The complainant was also taking to Healing hospital on 17.03.2021, where a sum of Rs.1000/- was charged from him, but doctors concerned suggested for second operation and another operation was got conducted from Anand Orthopaedic Centre, where the complainant remained since 01.07.2021, till 05.07.2021 and complainant paid a sum of Rs.69,000/- for bills, medicines etc. Prior to said incident dated 03.03.2021, the complainant was hale and hearty and was running his business of trading of empty glass bottles of wine under the name and style of Keshav Enterprises and from the same, the complainant had been earning an amount of Rs.4,00,000/- to Rs.5,00,000/- per annum, but after the present accident, complainant has developed the problem of headache, loss of memory and undergo fits of unconsciousness and due to these problems, the complainant after discharge from the hospital, after his second operation, is unable to do any work. Doctors have opined that it would take sufficient long time for part curing of the complainant and the Doctors have also opined that these problems are of permanent nature and there is no chance of permanent recovery of the complainant. The Doctor concerned intimated the factum of accident to the Local Police and on the rukka sent by the Doctor to the Police Station, the police of Police Station Butana got recorded the statement of the complainant, and DDR no.16 dated 06.03.2021 was recorded by the police. The complainant had been complaining the low hanging of electric wires between the poles over the rooms of complainant, to the officials of OPs, but the officials of the OPs have neither rectified the defect, prior to 03.03.2021 nor after 03.03.2021, even till today the wires are handing below, and are not according prescribed norms of the Electricity Department. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared but did not file any written version after availing several opportunities including five last opportunities. Hence, the defence of the OPs was struck off, vide order dated 31.05.2022 by this Commission.

3.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of discharge summary Ex.C1, copy of letter dated 05.03.2021 Ex.C2, copy of slip of Anand Orthopedic Centre dated 03.03.2021 Ex.C3 and Ex.C4, copy of bill/invoice dated 08.03.2021 Ex.C5, copy of medical certificate Ex.C6, copy of general diary Ex.C7, copy of slip of Aggarwal Nursing Home Ex.C8, copy of MRI Ex.C9, copy of receipt of Miripiri Institute dated 12.03.2021 Ex.C10, copy of Aadhar card of complainant Ex.C11, copy of advance and final payment receipt Ex.C12 and Ex.C13, copy of Hindu Medical Laboratory bill Ex.C14 to Ex.C16, copy of medicines bills of Sai Medicose Ex.C17 to C21 and Ex.C23, Ex.C25, Ex.C35, Ex.C37, Ex.C39, Ex.C41, Ex.C44, copy of medicines bills and OP receipt of Anand Orthopedics Centre Ex.C22, Ex.C24, Ex.C26 to Ex.C30, Ex.C36, Ex.C38, Ex.C40, Ex.C42, Ex.C43, Ex.C47, Ex.C50, Ex.C51, copy of OPD card of Miripiri Institute of Medical Sciences and Research, Shahabad Markanda Ex.C31, copy of OPD Healing Hospital Ex.C32, copy of OPD receipt Ex.C33, copy of OPD receipt of Healing Hospital  Ex.C34, copy of ST Scan report of Aggarwal Nursing Home Ex.C45, copy of MRI report of Miripiri Institute of Medical Sciences and Research, Shahabad Markanda Ex.C46, copy of OPD/IPD bill receipt Ex.C48, copy of prescription slip of Arvind Hospital Ex.C49, copy of OP slip of Anand Orthopaedic Centre, Kurukshetra Ex.C52, copy of Haemotology report Ex.C53, Ex.C55, copy charges details Ex.C54 of Anand Orthopaedic Centre, Kurukshetra Ex.C54, copies of electricity bills Ex.C56 and Ex.C57 and closed the evidence on 05.08.2022 by suffering separate statement. Learned counsel for complainant relied upon the judgment of Hon’ble Supreme Court of India in case titled as State of Himachal Pradesh and Ors. Versus Naval Kumar alias Rohit Kumar in Civil Appeal no.1339 of 2017, decided on 02.02.2017; Pramila Khatua and others Versus CESU of Orissa and another in writ appeal no.426 of 2011, date of decision 13.12.2012; Eshappa Versus the Chief Engineer (Electricity), Gescom, Bellary Zone and another in Writ Petition no.49553 of 2004, date of decision 28.09.2006; H.P. State Electricity Board through its Chairman and Ors. Versus Smt. Guddi Devi and Ors. in RSA no.498 of 2011-G, date of decision 02.01.2013 and Smt. Rajani Dei Versus Chairman, Orissa State Electricity Board and Ors. in O.J.C. no.3353 of 1994, decided on 20.09.1995.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             The complainant has alleged that he is running a Dhaba under the name and style of Nanak Dhaba G.T. Road in Samana Bahu, District Karnal since 1990. The complainant had got constructed some rooms adjoining to the Dhaba. He further submits that OP had laid electricity wire having current of 11000 Volts, which runs over the existing rooms. He further submitted that on 03.03.2021, complainant stepped up at the roof of rooms and immediately got electrocuted with hanging wires, as a result of which complainant has suffered burn injuries.

6.             The onus to prove his case was relied upon the complainant, but complainant has miserably failed to prove his case by leading any cogent and convincing evidence. Complainant has got recorded DDR Ex.C7 in the Police Station. In the said DDR, complainant has stated that on 03.03.2021 at about 4.30 p.m., he was standing at the roof of the tubewell Kotha situated in his fields and he came in contact with the electric wires. Complainant himself has taken different pleas with regard to the place of incident, whereas in the present complaint, complainant has specifically mentioned that he was standing on the roof of rooms at Dhaba whereas in the DDR, he stated that he was standing at the Kotha of the tubwell in his field. It is unbelievable that how can a person survive after coming in contact with high voltage electric wires of 11000 volts. Possibility of coming in the contact of electricity while doing the work in the Dhaba or tubewell cannot be ruled out. Hence, complaint is doubtful with regard to incident.

8.             Thus, in view of the above, the present complaint is devoid of any merits and deserves to be dismissed and same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:17.04.2023                                                                     

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

       

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

Member                         Member