Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 09.
Instituted on : 03.01.2017.
Decided on : 28.09.2018.
Baljeet s/o Tekram Age 50 years, R/o Village-Chuliyana, Teh. Sampla, Distt. Rohtak.
………..Complainant.
Vs.
- Superintendent Engineer (OP) UHBVNL, 3rd Floor, Rajiv Gandhi Vidyut Bhawan Near Medical Mor, Rohtak.
- Chief Engineer(OP) UHBVNL, 4th Floor, Rajiv Gandhi Vidyut Bhawan Near Medical Mor, Rohtak.
- Managing Director, UHBVNL, Vidyut Sadan, C-16, Sector-6, Panchkula.
- S.D.O. U.H.B.V.N.L. Sampla, Distt. Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT. SAROJ BALA BOHRA, MEMBER.
Present: Sh.R.S.Rawat, Advocate for the complainant.
Sh.K.K.Luthra, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is consumer of opposite party and is having electric connection in his house. That one electric line of 11 kv. was erected upon the plot of the complainant by the respondents’ department and the height of the said wire was very low and no proper safety measures have been followed by the respondents’ department. That complainant also moved an application for the same but any heed was not paid to his requests. That on 14.07.2016 the electric wire was broken and two buffaloes and calf of the complainant were electrocuted and died on the spot and sons of the complainant also sustained burn injuries. That a D.D.Number 22 dated 15.07.2016 was got recorded by the complainant in the Police Station. That due to non maintenance and negligence in proper installation of the said wire by the opposite parties, he suffered loss of his buffaloes and calf. The complainant has given intimation to the opposite party within time and requested to compensate him but to no effect. It is averred that that the act of opposite parties is illegal and amounts to deficiency in service. As such the complainant has sought a sum of Rs.300000/- on account of cost of buffaloes and calf and Rs.200000/- on account of mental agony and harassment alongwith interest and Rs.11000/- as litigation expenses to the complainant.
2. On notice opposite party appeared and filed its written statement submitting therein that it is wrong that the wire was very low or that no safety measures have been followed by the respondent department or that the buffaloes and calf died due to electrocution. That the buffaloes of the complainant were insured with the Oriental Insurance Company and the complainant has already received compensation against the death of his buffaloes and calf from the Oriental Insurance Company Ltd. The complainant is not entitled to any compensation and dismissal of complaint has been sought.
3. Both the parties led evidence in support of their case.
4. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, to Ex.CW3/A, documents Ex.C1 to Ex.C18 and has closed his evidence. On the other hand, Ld. Counsel for the opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R6 and has closed his evidence.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. As per the written statement filed by the OPs, it is submitted that the complainant has already received the compensation of death of buffalo from the Oriental Insurance Co. Ltd. At the time of arguments, complainant made a statement that there was insurance of his two buffalos and the insurance claim of Rs.50000/- each has been received by him and the insurance claim of one buffalo which was not insured has not been received. The contention of ld. counsel for the complainant is that the alleged claim received by the complainant is very less than the market value.
7. A bare perusal of the documents/photographs placed on record reveals that the buffaloes of the complainant had died due to electrocution while coming in contact with the electric wire. As per the complainant the height of the wire was very low and no proper safety measures have been followed by the department. As per copy of DDR Ex.C1 and copy of PMR Ex. C2, Ex.C3 the buffaloes of the complainant had died due to electrocution while coming into contact with electric wire. We have also placed upon the law cited in II(2013)CPJ 321(NC) titled Dakshin Haryana Bijli Vitran Nigam Ltd. & Anr. Vs. Parmila Devi & Ors. whereby Hon’ble National Commission has held that: “Accidental Death-Improper insulation of live wire-Appellant-Nigam are responsible since they are required to ensure that such installations are properly and securely maintained so that there are no safety hazards to consumers/public”. As such OPs are liable to compensate the complainant. As per PMR the cost of one buffalo is approx. Rs.60000/- whereas the complainant has received the amount of Rs.50000/- each from the Oriental Insurance Company for two buffaloes only. Hence the complainant is entitled for the remaining amount.
8. In view of the above, complaint is allowed and the OPs are directed to pay the remaining amount of Rs.10000/- each of two buffaloes i.e. Rs.20000/-, Rs.25000/- on account of death of one calf which was not insured i.e. total Rs.45000/-(Rupees forty five thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 03.01.2017 till its realization and shall also pay a sum of Rs.20000/-(Rupees twenty thousand only) on account of mental agony and harassment caused to the complainant due to the deficiency in service on the part of OPs within one month from the date of decision.
9. File be consigned to the record room after due compliance.
Announced in open court:
28.09.2018. ................................................
Nagender Singh Kadian, President
..........................................
Ved Pal Hooda, Member.
…………………………..
Saroj Bala Bohra, Member.
