F I N A L O R D E R
This is a case U/s 12 of the Consumer Protection Act, 1986 filed by the complainant with the prayer directing the O.P./ WBSEDCL to pay Rs.4,00,000/- as compensation for negligence and deficiency in service causing unfortunate death of son of the complainant, to pay Rs.20,000/- for mental pain and agony and Rs.5,000/- as litigation cost.
The case of the complainant in brief is that on 19.06.2013 at about 1:00 P.M. son of petitioner, Bijay Das and grandson went to the field in natures call in the land of O.P. Nos. 3 to 5 at Daspara, College more, Karandighi. Unfortunately the son of the petitioner contacted/ touched with the high voltage electric line and died in the spot while the grandson sustained serious injuries due to electrocution. On that field the electric naked wire of O.P. No.1 and 2 was laying for the purpose of supply of electricity to the shallow pump of O.P. No. 3 to 5. Before the incident people of the locality repeatedly requested the O.P. No.1 and 2 to remove the electric wire to avoid uneven incident but O.P. No.1 and 2 neglected and did not pay any heed to the request. Following the death of Bijoy Das a police case was started at Karandighi PS being case No.468/2013 dated 23.06.2013 U/S 338/304(A)IPC. The inquest and P.M. examination over the dead body was done. In the P.M. Report death due to shock and electrocution was mentioned.
Thereafter the petitioner met with OP. No.1 and 2 asking for compensation for the death of his son, O.Ps. assured to take steps but actually no steps was taken then petitioner lodged written complainant to O.P. No.1 and 2 on 10.09.2013 but with no result. Then on 23.12.2013 legal notice was sent to O.P. No.1 and 2 asking for compensation of Rs.4,00,000/-. As the O.Ps. did not comply then the petitioner filed this complaint before this Forum. Petitioner also alleges that the O.P. No.1 and 2 was providing electric connection in the name of a dead person, namely Satyalal Das, who was husband of O.P. No.3 and father of O.P. No.4 and 5. Satyalal Das died 7 – 8 years ago, but O.P. No. 1 and 2 supplying electricity in the name of Satyalal Das.
That the deceased son of the petitioner was the sole earning member of the family having income of Rs.5,000/- to Rs.7,000/- per month and also left behind wife and son. Therefore, petitioner prays that O.P. No.1 and 2 should compensate Rs.4,00,000/- for negligence and deficiency in service and Rs.20,000/- for mental pain and agony and Rs.5,000/- as litigation cost for the unfortunate death of his son.
O.P. No.1 filed written version where he denied all the allegation of the complainant and submits that the suit is not maintainable and there is no cause of action and allegations are fictitious frivolous for wrongful gain. O.P. No.1 and 2 admitted that actual service connection was in the name of Satyalal Das in meter connection RXX 10755 who used to carry the outgoing normal wires from his meter to his motor to ply his STW Motor. O.P. also admitted that in that morning deceased Bijoy Das along with his son while went to the field to attend natures call touched the naked wire used by O.P. No. 3 to 5 legal heirs of Satyalal Das to run his STW Motor from the meter and on 19.06.2013 the accident took place. The Motor was used for irrigation purpose but the said naked outgoing wire from the meter in the name Satyalal Das to the Motor does not belong to O.P. No. 1 and 2. There is no negligence or careless act on the part of O.P. No.1 and 2 and the meter holder is sole responsible for laying naked wire otherwise O.P. always use safety measures for the protection of human life. That after death of Satyalal Das no information was received or nobody applied for change of the name of consumer so the connection remained in the name of Satyalal Das. On 26.03.2014 Chairman, Dalkhola Municipality sent a letter enclosing petition of complainant regarding objection to the extension of electric line in the name of Puri Devi, wife of Satyalal Das and with a request to disconnect the electric line to avoid future accident. Then only O.P. served notice upon Puri Devi and ultimately disconnected the line on 04.04.2014. And O.P. prays for dismissal of this case.
O.P. No.3 and 5 submitted written version and admitted that the electric line for shallow machine operation was in the name of their predecessor, Satyalal Das but denied that they are using the said line. That the alleged accident occurred in the land of Mahabir Mashkura and the electric line must be in his name and that O.P. No. 3 to 5 was not responsible for the death and they have no negligence and they are unnecessarily implicated in this case.
To prove this case complainant submitted memo of evidence, oral evidence, legal notice, letter of correspondence with O.P. No.1 and 2, copy of FIR and P.M. Report, death certificate etc.
The O.P. No. 1 and 2 submitted written version, memo of evidence, oral evidence and some photocopies of documents etc. O.P. No.3 to 5 neither adduce any evidence nor file any document at the time of hearing.
DECISIONS WITH REASONS
We carefully perused the complaint, W.V., photocopies of documents and evidence adduced considered the argument advanced by the contesting parties.
Admittedly, the son of the complainant died on 19.06.2013 when he came in touch of live naked wire laying in the field of O.P. No. 3 to 5. It is also admitted by the O.P. No.1 and 2 that the electric connection was in the name of Satyalal Das predecessor of O.P. No. 3 to 5. Admittedly Satyalal Das died 7 – 8 years ago but O.P. No. 1 and 2 was supplying electricity in the meter of Satyalal Das and regularly collecting electric bill. The letter, 26.03.2014 from the Chairman of Dalkhola Municipality regarding illegal electric connection by wife of Satyalal Das proves that live wire was laying in the field dangerously which cause loss of life. The Chairman also requested to discontinue the electric supply in that line immediately to avoid any further untoward incident. Thereafter, on 27.03.2014 the O.P. sent the notice of “Disconnection of illegal electric connection within three days” and ultimately disconnected the same on 04.04.2014.
O.P.W.1, SM & AE of WBSEDCL deposed that each and every month they used to visit and take meter reading for consumption of electricity in the said line and meter in the name of Satyalal Das. That the death of Satyalal Das was not within the knowledge of the O.P. That, legal heirs of Satyalal Das never informed the death report on the other hand they were consuming electricity by running shallow pump from the said electric connection of Satyalal Das. O.P.W.1 never disputed that Bijoy Das since deceased died being electrocuted having touch with electric wire used by the legal heirs of Satyalal Das. O.P. No.1 and 2 following the death inspected the line and made a preliminary enquiry report on 20.06.2013 admitting the fact of death of Bijoy Das. That the loose wire from the meter of Satyalal Das bearing No. RXX10755 under STW from the meter to the motor carried naked at a point which was accessed by Bijoy Das causing his death as it is stated in the said enquiry report.
In view of the discussions above it reveals from the documents and evidence that the O.P. No.1 and 2 supplied electricity regularly in the name of dead person, Satyalal Das. Meter reading was taken regularly by the O.P. No.1 and 2 and obviously receiving payment for electric charges. So, the O.P. No. 1 and 2 cannot deny its liability that the consumer illegally consumed electricity by lying naked wire endangering human life to run the shallow pump machine in the agricultural field. It was well within the knowledge of O.P. No.1 and 2 that on 10.09.2013 the death of Bijoy Das was reported in writing by the complainant. O.P. No.1 and 2 till then neglected to take steps to disconnect the illegal use of electricity by O.P. No. 3 to 5 with the help of naked wire. It is only after receiving letter from the Chairman of Dalkhola Municipality on 27.03.2014 the letter of disconnection of illegal use within three days was issued by O.P. No. 1 and 2 and electric line was disconnected on 04.04.2014, which is long about 10 months after death of Bijoy Das on 19.06.2013. It is a clear case of negligency and deficiency of service on the part of the O.P. No.1 and 2.
At the same time O.P. No. 3 to 5 were consuming electricity through the electric meter in the name of their deceased predecessor namely Satyalal Das, which is very much illegal. Again they dare to use naked wire laying in the field causing danger to human life from the meter to the pump set. So O.P. No.3 to 5 cannot avoid the liability of causing death of Bijoy Das
Heard arguments of both sides and in the light of our above discussion we are of the opinion that the complainant has been able to establish his case that his son Bijoy Das met with the fatal accident due to gross negligence form the part of the O.Ps. who were bound to take adequate measure to the safety and security. The complainant is therefore entitled to get compensation for the immature death of his young son aged 24 years.
Fees paid is correct.
Hence, it is
ORDERED,
Thus the complaint being No.20/2014 be and the same is allowed on contest but in part against O.P. No.1 to 5.
O.P. No. 1 and 2 are directed to pay compensation of Rs.2,00,000/- to the complainant for negligence and deficiency in service causing death of Bijoy Das.
O.P. No.3 to 5 are also directed to pay compensation of Rs.1,00,000/- to the complainant for their negligent act of using naked wire and illegally consuming electric connection in the name of a death person and ultimately causing death of Bijoy Das.
O.P. No. 1 to 5 are further directed to pay to the petitioner Rs.20,000/- for mental pain and agony and Rs.5,000/- as litigation cost jointly and severally.
The total awarded sum should be paid within one month from the date of this order, otherwise the petitioner is at liberty to proceed with the law.
Petitioner sated in his petition and also deposed as P.W.1 stating the fact that deceased Bijoy Das left behind his wife and a minor son beside the petitioner and his wife. Therefore, Bijoy Das left behind his parents, wife and minor son as legal heirs, who are entitled to the compensation award. Petitioner is therefore directed to deposit the said compensation money in equal share between the legal heirs of deceased Bijoy Das in a Nationalized Bank or Post Office and to intimate the compliance report to this Forum within one month after receiving the awarded amount.
Copy of this order be supplied to each parties free of cost.
