Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 254.
Instituted on : 05.08.2013.
Decided on : 27.07.2015.
Suresh Kumar s/o Sh. Bal Kishan @ Bale Ram R/o V.P.O.-Ismaila 11 Biswa, Teh.-Sampla, Distt. Rohtak.
………..Complainant.
Vs.
- Uttar Haryana Bijli Vitran Nigam Ltd. Panchkula through its M.D., U.H.B.V.N. Sector-6, Panchkula.
- C.E., OP U.H.B.V.N.L.,Delhi Road, Model Town, Rohtak.
- S.E., OP U.H.B.V.N.L., Delhi Road, Model Town, Rohtak.
- Executive Engineer, Sub Urban Division No.2, OP U.H.B.V.N.L., Delhi Road, Model Town, Rothak.
- S.D.O. OP, U.H.B.V.N.L., Sampla.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
Present: Sh.J.S.Khatri, Advocate for the complainant.
Sh.Sushil Sardana, Advocate for the opposite parties.
ORDER
1. The present complaint has been filed by the complainant with the averments that he is resident of village Ismaila Tehsil Sampla, District Rothak. It is averred that on 14.07.2012 the complainant took their buffalos for drinking water in Surah Tank of the village and after watering the buffalos when he was coming back to home, on the way to village Kultana, there is an electric pole and one conductor of the said pole was broken which was fallen on the ground. When the buffalo was passing near it she came in the contact of conductor, got electric shock and fell down on the ground. After the incident Vijay Pal, Jogender and Balwan complained the opposite party about the incident, who immediately came and connected the conductor to avoid any further mishappening. The matter was also reported to the Veterinary Surgeon of the village who informed the complainant that the animal was serious and cannot be survived. It is averred that the matter was reported to the S.D.O. OP UHBVN Sampla on 15.07.2010 as well as to the police vide N.C.R.No.588/2012 dated 17.7.2012. It is averred that on 21.07.2012 the buffalo died. It is averred that the cost of the buffalo as per prevailing market rate was Rs.175000/- alognwith calf of 7 months. It is averred that complainant contacted the office of opposite party to disburse the claim of buffalo but the opposite parties did not pay any heed towards the genuine request of the complainant. It is averred that the act of opposite parties is illegal and amounts to deficiency in service. As such the complainant has sought a sum of Rs.175000/- as cost of buffalo alongwith interest @ 18% p.a. from the date of incident till actual realization and Rs.5500/- as litigation expenses to the complainant.
2. On notice opposite parties appeared and filed their written statement submitting therein that on 14.07.2012 no such type of complaint have been given by any of the villagers that on the way to Kultana one electric poll conductor has broken and was falling on road. So it is presumed that no such type of event happened over there. It is averred that no such type of accident took place due to electrocution. It is averred that the wrong evidence has been created by the complainant to take undue benefit. All the other contents of the complaint were stated to be wrong and denied. It is averred that there is no negligence on the part of the opposite parties and dismissal of the 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.C1 to Ex.C5, documents Ex.C6 to Ex.C12 and has closed his evidence. On the other hand, Ld. Counsel for the opposite party has tendered affidavit Ex.R1 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. Ex.CW1/A is affidavit of the complainant whereby he has reiterated the version taken in the complaint on oath. Ex.C2 to Ex.C5 are the affidavits of Balwan, Jogender, Vijay Pal and Ex.Sarpanch Devi Singh who have supported the version of complainant given in complaint that his buffalo was electrocuted while coming in contact of a naked conductor of the pole which was fallen on the ground in the way to village Kultana opposite the street of house of Ram Kishan etc. As per the certificate Ex.C6 given by the Veterinary Surgeon, Ismaila, he had conducted the Post-mortem of buffalo and the tentative price of buffalo at that time was Rs.50000/-. Ex.C7 to Ex.C9 are the photographs of buffalo, Ex.C10 is the copy of application given to the opposite party by the complainant alongwith villagers and upon which Sh. Kapil J.E. is directed to check the site and report. As per the FIR Ex.C11 also, the cause of death of buffalo was electrocution. As per copy of PMR Ex.C12 also the cause of death of buffalo is electrocution.
7. After going through the file and hearing the parties it is observed that as per affidavits Ex.C1 to Ex.C5, FIR Report, P.M.R. and Photographs placed on record, the buffalo of complainant had died due to electrocution. As per application Ex.C10 Sh. Kapil JE was directed to check the site and report but neither the affidavit of JE who checked the site nor his report has been placed on file. Hence in view of the documents placed on record by the complainant it indicates that buffalo of complainant had died due to electrocution and opposite party is liable to compensate the complainant. In this regard reliance has been placed upon the law cited in III(2014)CPJ 169 (WB) titled as W.B.State Electricity Distribution Co. Ltd. & Ors. Vs. Chabi Malik whereby Hon’ble West Bengal State Commission has held that: “It is established fact that deceased came in contact with electric line, got electrocuted and ultimately suffered death-Electricity authority had responsibility to maintain electric line which they failed to dispense with-Deficiency in service established-No reason to interfere with impugned order” and it is also held that “Villagers as tax payer to local bodies including local Panchayats are consumer”, as per III(2010) CPJ 198(NC) titled DHBVNL Vs.Vidhya Devi whereby Hon’ble National Commission, New Delhi has observed that “Petitioner transmits energy, has duty to ensure safety and security of persons, animals and other objects-Loose, exposed wire caused damages-Petitioner held liable to compensate losses” and as per 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”.
8. In view of the aforesaid law which are fully applicable on the facts and circumstances of the case it is observed that opposite parties are liable to compensate the complainant on account of death of buffalo due to electrocution. As per certificate Ex.C6 of Veterinary Surgeon Ismaila, the cost of buffalo was Rs.50000/- and the same is justified. As such it is directed that opposite parties shall pay a sum of Rs.50000/-(Rupees fifty thousand only) alongwith interest @ 9% p.a. from the date of filing of the present complaint i.e. 05.08.2013 till its realization and shall also pay a sum of Rs.2500/-(Rupees two thousand five hundred only) as litigation expenses to the complainant maximum within one month from the date of decision failing which the opposite parties shall be liable to pay interest @ 12% p.a. on the awarded amount from the date of decision. Complaint is disposed of accordingly.
9. Copy of this order be supplied to both the parties free of costs.
10. File be consigned to the record room after due compliance.
Announced in open court:
27.07.2015.
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Joginder Kumar Jakhar, President
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Komal Khanna, Member.
