Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 448
Instituted on : 11.08.2021
Decided on : 09.07.2024
Ramesh Chandeer age 62 years, son of Sh. Ram Singh r/o village Bhaproda Tehsil Bahadurgarh District Jhajjar.
……….………….Complainant.
Vs.
- Uttar Haryana BijliVitran Nigam Ltd. Panchkula through its Managing Director.
- Superintending Engineer Op Circle, UHBVN Rohtak.
- Executive Engineer sub Urban Division No.2, UHBVN Rohtak.
- SDO Op. Sub Division UHBVN Sampla District Rohtak.
...........……Respondents/opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.Vijender Singh Advocate for the complainant.
Sh.Mukesh Saroha, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that on 13.04.2021 the complainant alongwith his son Raveen were going to Rohtak on motorcycle no.HR-13Q-8675 and when they reached at Sampla Bye Pass, an electricity wire connected with pole on one side was lying on the road and the said electricity wire entangled to the wheel of motorcycle and as a result of same, the motorcycle fell down on the road and complainant and his son received injuries and were taken to CHC Sampla and then were referred to PGIMS Rohtak. The matter was reported to the police and a DD No.22 dated 14.04.2021 was recorded. The complainant received multiple grievous injuries on various parts of his body and remained under treatment of PGIMS Rohtak and other private doctors. The complainant spent an amount of Rs.1 lac on his treatment, medicines, special, transportation etc. and he is still under treatment. The complainant had suffered injuries due to sole fault and negligence on the part of opposite parties and their officials because they did not care to check the said pole and wire and broken wire was lying on the road and the officials of the opposite parties did not care to remove the said wire from the road. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay compensation of Rs.500000/- alongwith interest and Rs.33000/- as litigation expenses to the complainant.
2. After registration of complaint,notices were issued to the opposite parties. Opposite parties appeared before this Commission on 15.12.2021 and availed several opportunities for filing reply. Thereafter they did not appear on 06.12.2022 and were proceeded against exparte. Opposite party filed an application for setting aside exparte order on dated 22.12.2023 and to join the proceeding. The application for setting aside exparte order was dismissed on 06.03.2024. However, opposite parties were allowed to join the proceedings. As such the opposite parties have filed the written submission.
3. Ld. counsel for complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C89 and closed his evidence on dated 03.07.2024.
4. We have heard learned counsel for the parties and have gone through written submissions filed by ld. Counsel for the opposite parties as well as material aspects of the case very carefully.
5. In the present case, as per complaint and affidavit filed by the complainant, he alongwith his son was going to Rohtak on motorcycle from his village Bhaproda and when they reached SamplaByepass, an electricity wire connected with the pole on one side was lying on the road and the said electricity wire got entangled in the wheel of motorcycle. Due to impact of the same, the motorcycle fell down on the road and complainant and his son fell down and received multiple grievous injuries. Initially they were brought to CHC Sampla and for further treatment they were referred to PGIMS, Rohtak. The matter was reported to the police and DD entry no.22 dated 14.04.2021 was recorded. They took treatment from CHCSampla, Health Department Civil Surgeon, Rohtak and then referred to PGIMS Rohtak for further treatment. MLR was also prepared regarding these injuries on the same day. MLR is placed on record as Ex.C1.. Ex.C2 is OPD slip of CHC Sampla, Ex.C4 is copy of DDR . Complainant was admitted in PGIMS Rohtak on dated 13.04.2021 and was discharged on the same day. He also took follow up treatment from PGIMS, Rohtak and spent a huge amount of medicines etc. To prove this fact hehas placed on record documents Ex.C5 to Ex.C85. The complainant also placed on record photographs of the wire and electric pole as Ex.C86 to Ex.C89. A bare perusal of DDR, MLR and photographs proves that the motorcycle of the complainant fell down on the road as an electric wire was lying on the road side and due to this impact the motorcycle entangled in the wire and fell down on the road, due to which complainant and his father received multiple grievous injuries. So as per our opinion, there is deficiency in service on the part of opposite parties and opposite parties are liable to compensate the complainant. As per bills placed on record, complainant had spent an amount of Rs.40062/- on medicines etc. beside the physical pain, mental agony and harassment.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to pay the amount of Rs.40062/-(Rupees forty thousand and sixty two only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 11.08.2021 till its realisation and also to pay an amount of Rs.30000/-(Rupees thirty thousand only) on account of mental agony, physical pain & harassment and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
09.06.2024.
........................................................
Nagender Singh Kadian, President
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TriptiPannu, Member.
……………………………….
Vijender Singh, Member
