H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA.

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FIRST APPEAL NO. 224/2008.

RESERVED ON 24.6.2009.

DATE OF DECISION: 10.7.2009.



1. The Secretary HP SEB, Govt. of HP Kumar

House, Chaura Maidan, Shimla-4.,



2. Superintending Engineer, HP SEB, Electrical

Circle, Solan, Distt Solan, HP.,



3. The SDO HPSEB, Electrical Sub Division,

Nalagarh, District Solan, HP.



… … Appellants.



Versus



1. Shri Ram Piara, son of Sh. Mansa Ram.,



2. Smt. Kalawati D/o Shri Mansha Ram,



3. Smt. Rishma Devi D/o Sh. Mansha Ram

all resident of Vill. Randala, PO Galot, Tehsil

Nalagarh, District Solan, HP.

… … Respondents.



Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekher Sharma, Member.



Whether approved for reporting? No.



For the Appellants: Mr. Shashi Bhushan Singh Chandel,

Advocate.



For the Respondents: None.



O R D E R





Justice Arun Kumar Goel (Retd.), President.





This appeal by the appellants is directed against the order dated 6.6.2008 passed by District Forum, Solan in Consumer Complaint No. 209/2003. By means of impugned order, complaint filed by the respondents has been allowed and as a result of it, appellants have been held jointly and severally liable to pay Rs. 2 lacs with cost of Rs. 2,000/-. In the like manner they have also been held liable to pay interest @ 9% per annum from the date of filing of the complaint, i.e. 19.11.2003, till realization. This amount is to be shared equally by the respondents. Appellants had been directed to comply with the order within 45 days of the receipt of the copy of the same. Hence this appeal.

2. Despite due service when none appeared on behalf of the respondents, this matter was heard ex-parte.

3. Mr. Chandel learned counsel for the appellants submitted that the District Forum below erred in passing the impugned order by ignoring the documentary evidence on record placed by the parties. As according to him there was no deficiency in service, nor any unfair trade practice having been indulged into by his clients. To the contrary per Mr. Chandel it was proved to the hilt by cogent and reliable evidence, that the deceased mother of the respondents Smt. Ramki Devi was trying to put wet clothes on the electricity line and as a result of it, she was electrocuted. Thus there was nothing on record to suggest that the cause of death of the deceased was in any manner attributable to the appellants. That being the position, District Forum below fell into error when it passed the impugned order by ignoring the material on record. His clients are not liable to indemnify the respondents for acts of negligence/remissness on the part of the deceased, and if impugned order is upheld, it will tantamount to putting premium thereon, and at the same time illegally holding his clients liable for no fault on their part.

4. Documentary evidence placed on record shows, that as per statement of Kamal Krishan lineman he along with other persons reached the spot after having come to know of the incident. According to the witness when he went to spot where the deceased was electrocuted, he found that in the service wire which was at a height of six feet from the roof of first floor, at that time there was no current in it. This he had checked with the test pen because the family members had informed him regarding deceased having been electrocuted. At the spot PVC wire was connected with the corner joint which was beyond the reach of an ordinary person, as such unless tampered with, one could not be electrocuted. To similar effect is the statement of Mr. Hukan Chand Electrical Section Swarghat.

5. From the evidence on record, one fact is established that deceased was electrocuted. Thus, only question that requires determination in this appeal is, as to whether it was due to the alleged act of trying to put a KHIND ( a quilt on which one sleeps), on the service wire, that Smt. Ramki Devi was electrocuted or was due to some other reasons. In case of former, this appeal has to be allowed otherwise the consequence is obvious.

6. From the documents placed on record by the appellants particularly Annexure OP-2 the report of In-charge Police Station Ram Shar what is made out is, that the deceased was standing bare-foot and surface was wet due to the rain. When she tried to tie on rope with service wire and earth wire near the wall, then due to leakage of current from the earth wire her hand touched with it and as a result of it she died due to electrocution. This nails the stand of the appellants that the deceased was trying to put the quilt on the service line/wire, and as a result of it she had died. On the other hand lineman has stated that there was no current in the service line when he tested with test pen. When there was no current in the service line/wire, it is not understood as to in what manner the putting up of the quilt would result in her electrocution, as was forcefully urged by Mr. Chandel.

7. There is nothing on record to suggest that what was the reason for leakage of electric current from the earth wire. It is a matter of common knowledge, that in case of lightning also the current passes through the earth wire. But current being there due to lightning is not the case set out by the appellants. Similarly, whether consumers like deceased were ever cautioned and or put to notice regarding do’s and don’ts in respect of the wires passing through/over there residential premises, there is nothing on record placed by the appellants. In these circumstances, we are of the view that in order to succeed appellants were duty bound to have placed material on record as to how the consumers were advised/told that what they should do and what they should not in respect of the service lines in question which pass near/over their houses.

8. Another reason to reject the plea of Mr. Chandel is, that the service line was at a height of about 15/16 feet, so there was no question of any electrocution per him. This being the result of the acts of omission and commission on the part of the deceased, so his clients are not liable. We are of the view that it is humanly impossible for a middle aged lady of 55 years to put a washed quilt which would became heavy being wet at the height of 15/16 feet from the ground. This is an additional ground to negate the plea of Mr. Chandel urged in support of this appeal, as such on this ground also submission urged by Mr. Chandel needs to be rejected. Ordered accordingly.

9. No other point was urged.

In view of the aforesaid discussion we find no substance in this appeal which is accordingly dismissed, leaving the parties to bear their own costs.

All interim orders passed from time to time in this appeal shall stand vacated forthwith.

Learned Counsel for the appellant has undertaken to collect authenticated copy of this order from the Court Secretary free of cost as per Rules, whereas office is directed to send the same to the respondents in the like manner.



Shimla,

July 10, 2009.



( Justice Arun Kumar Goel ) (Retd.)

President.





(Saroj Sharma)

Member.





( Chander Shekhar Sharma )

/Krn/ Member