The instant case was instituted on the basis of a petition under Section 12 of Consumer protection act, 1986 which was registered as Consumer Case No.44/17 in this Forum.

The fact of the case as revealed form the petition of complaint as well as from the evidence is that the complainant (Pratima Baishya) is a permanent resident of Kaliyaganj P.S. in the District of Uttar Dinajpur.

The complainant is a wife of deceased Shadhin Baishya. Shadhin Baishya who used to work as labour and used to earn Rs. 3000/- (three thousand) per month.

That, a carrying active electric wire near the house of the complainant/ petitioner.

On 15/12/2016 at about 4 P.M. the complainant’s husband (Shadhin Baishya) was working of adjacent in his house. An electric pole is situated in front of complainant’s house. At that time a loose electric wire was hanging in front of complainant’s house gate and this electric wire almost to the ground. At that time the husband of the complainant unconsciously touched the said loose electric wire and shocked as a result of which he fail down on the ground and seriously injured.

The husband of the complainant was seriously injured and taken to  Kunor B.P.H.C. with the help of local people under the Kaliyaganj P.S. that is on 15.12.2016 where he was declared died by the doctor of Kunor B.P.H.C.

On 16.12.2016 the dead body of Shadhin Baishya was postmortem at Raiganj Dist. Hospital being Kaliyaganj P.S., in the district of Uttar Dinajpur, case No. 76/16 and dt.- 15.12.2016.

In the petition it has been stated that due to the negligence behavior of Electricity Department and the lack of maintenance on their part is the cause of the death of the husband of the complainant No. 1.

That therefore, the Electricity Department of West Bengal is responsible and liable for ultimately death of the husband of the complainant.

That, because of being engulfed in grief of losing her husband and being busy with post death rituals according to Hindu Rights and Customs, So the complainant was late to file the complaint.

The complainant have prayed Rs. 350000/- as claim, Rs. 100000/- as compensation and Rs. 20000/- as litigation cost.

The petition has been contested by the O.P’s by filling W.V. denying all the material allegations as leveled against the O.P’s. contending inter alia that the instant case is not maintainable and the case has been filed only to harass the opposite party. But there is no cause of action for filling the suit.

The definite defence case is that on 15-12-2016 the mother of deceased Shadhin Baishya was cremated and their house was out of electricity due to nonpayment of previous dues and the service connection was disconnected on 05.08.2016 which is considerably earlier than the incident. They were afraid of the fact that their house was out of electricity and in order to get that in their disconnected premises Shadhin Baishya tampered the service cable with some sharp instruments and got electrocuted in doing so. Most surprisingly Pratima Baishya or other family members never approached W.B.S.E.D.C.L. authorities regarding negligent behavior and nor any information obtained from local police station, administrative authority, news papers or any local media. For that the O.P. concerned was unable to inspect immediately after the incident and the actual facts would have come out if it had been done. Pratima Baishya approached W.B.S.E.D.C.L. after lapse of approx three months from the date of accident when all actual facts of the incident abolished.

It is a fact that from the sight inspection and version of the local people and other evidence like as electricity bill, picture of damaged service line point out that the actual fact is that there was an attempted to tap electricity illegally and in doing so that the accident took place. So, considering the facts and circumstances the instant case is filled by the complainant is likely to be dismissed with cost.

During trial the complainant Smt. Pratima Baishya was examined herself as Pw 1 and she was cross examined. One Shri. Gobinda Baishya was examined as Pw 2 on behalf of the complainant and he was cross examined. No other witness was examined on behalf of the complainant. On the other hand Shri. Soumyadip Kanrar was examined as O.P.W 1 and he was cross examined.

Now the point for determination as to whether the complainant is entitled to get an order from this forum or not.

                         D E C I S I O N   W I T H   R E A S O N S:

At the time of argument the Learned Lawyer of the complainant argued that the husband of the complainant No. 1 died due to the electric shock as appeared from the postmortem report. Now the main point for consideration is that whether there was any negligence on the part of the O.Ps. for non maintaining the live electric line or not. According to the petition of complaint it is found that there was an electric wire near the house of the complainant and the active electric wire was hanging in front of the gate of the house of the complainant No. 1 and the husband of the complainant (Shadhin Baishya) unconsciously touch the said loose electric wire, as a result of which he died. At the time of argument the Learned Lawyer of the O.P. argued that P.W.1 has clearly stated that there was no electric connection at the time of death of her husband and he further pointed out that the mother of deceased Shadhin Baishya died few days ago of the alleged accident. According to the argument as advanced by the Learned Lawyer of the complainant is that the house of deceased Shadhin Baishya was out of electricity due to nonpayment of electric bills. On the other hand the complainant tried to tamper the service cable with some sharp instruments and got electrocuted in doing so. Such argument as advanced by the Learned Lawyer of the O.P. is quite believable as because P.W.1 in her cross examination has clearly stated that there was no electric connection at the time of death of her husband (Shadhin Baishya) and it has been come to the notice of this Forum that the mother of deceased Shadhin Baishya died few days ago and her Sradh Ceremony was going on 15-12-2016. So, the argument raised by the Learned Lawyer of the O.P. is quite tenable as because the decease tried to connect his connection illegally. So, definitely it was the latches on the part of the husband of the complainant No. 1. Moreover, it is not understood how the complainant did not inform the matter to the Electricity Board after the incident. Though an explanation has been given in the petition of complaint is that being engulfed in grief of losing her husband and being busy with post death rituals according to Hindu rights and customs, so the complainant was late to file the complaint. But it is not understood why the matter was not informed to the Electricity Department earlier. If the Department got any information earlier about the incident then the Department got an opportunity to verify the alleged incident. It is a fact that due to the loss of her husband she was perplexed and as such she did not inform the matter to the Electricity Department. On the other hand the Electricity Department received the matter on 09-03-2017 that is after lapse of near about 3 (three) months of the incident. So, on considering such facts and circumstances there was no latches on the part of the Electricity Board. On the other hand the complainant is not entitled to get any compensation as because she has failed to prove the case. But   the Electricity Department should consider the matter for getting compensation sympathetically if possible from the solicium fund. As the complainant No. 1 is the widow of deceased Shadhin Baishya and she is maintaining her two minor sons and one daughter, so the Electricity Department should look in to the matter sympathetically whether any compensation may be given to the family members of deceased Shadhin Baishya if possible.

                                            O R D E R E D:

That the instant case being No. CC 44/17 is dismissed on contest but without any cost.

Let a copy of this order be sent to the Divisional Manager, West Bengal State Electricity Distribution Co. Ltd. Administrative Building, Mohanbati, P.O. & P.S. - Raiganj, Dist. Uttar Dianjpur, Pin. - 733134 for consideration.

Let a copy of this order be given to the parties free of cost.