BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

   SMT. K. SIREESHA, B.L., LADY MEMBER

                                                                          M.V.R. SHARMA, B.A. MEMBER                               

Friday, 3^rd June 2016

CONSUMER COMPLAINT No. 75 / 2015

A. Sudha Rani, W/o B.V. Ramana, Hindu,

aged 42 years, Advocate, R/o D.No. 1/380-6A,

Maruthi Nagar, Kadapa City.                                                    ….. Complainant.

Vs.

1.   The Divisional Engineer (Operations),

      APSPDCL, NGOColony, Kadapa.

2.   The Asst. Engineer (Operation), APSPDCL,

      NGO Colony, Kadapa.

3.   The Managing Director, Samsung India Electronics Pvt. Ltd.,

      Flat No. P-1, Sifcot Industrial Park, Phase No. II,

      Sunguvarchatram Post, Kanchipuram,

      Tamil Nadu State.                                                               …..  Opposite parties.

This complaint is coming before us for final hearing on 25-5-2016 and perusing complaint and other material papers on record and on hearing the arguments of Sri                  M. Suresh Kumar, Advocate for Complainant and Sri C.S. Riyazuddin, Advocate for O.P.1 and O.P.2 and Sri P. Bhaskar, Advocate for O.P.3 and the matter is having stood over for consideration this day, the Forum made the following:-

O R D E R

(Per Sri M.V.R. Sharma, Member),

1.                This Complaint is filed under section 12 of the Consumer Protection Act 1986 requesting this forum to direct the Opposite parties:-

(a) To pay Rs. 5,00,000/- for causing damage to the house utensils of the Complainant.

(b) To pay Rs. 5,00,000/- towards compensation for causing deficiency of service.

(c) To pay Rs. 5,00,000/- towards compensation for causing mental agony and physical strain to the Complainant including burn injuries suffered by the Complainant to her right hand palm.

(d) To pay Rs. 10,000/- towards costs of the complaint incurred by the complaint.

2.                 The averments of the complaint in brevity are that the complainant has purchased a split Air Conditioner with capacity of 1.5 tone of Samsung Company on      12-5-2014 from Madanapalli and installed at her house.  After installation of said A.C was not worked properly on that she gave online complaint through company toll free No. 1800-3000-8282, After receiving the complaint the company service engineer visited and checked the above said A.C stated that the problem is in supply of electric power due to the A.C. was not functioned properly and advised the Complainant to get III phase electricity connection.  Accordingly, she approached the Electricity department through cell No. 9490615136 and that the electricity department personnel came and given II phase connection.  The Complainant also stated that on 30-4-2014 at about 9.25 p.m she switched the A.C after 5 minutes a big sound busted from A.C flames arose and shattered into the room, as a result the house hold furniture in the house like Samsung T.V. HMT watch, double cot bed, century company bed, UNI Stabilizer, costly cloths, wooden cupboards, mirrors and wall paintings reduced in to ashes and also widow glass broken and currency notes worth of Rs. 1,50,000/- kept at the windows were completely burned and also stated that apart from these BPL 230 liters  refrigerator dressing table, cosmetic items also burnt.   On this occasion the Fire department personnel came and inspected the premises and gave a certificate regarding loss.   The S.H.O, Kadapa U/G P.S is registered case as Cr. No. 161/2015 “fire accident”. 

3.                The Complainant further stated that she issued a legal notice dt.                         01-6-2015 to the opposite parties (for short herein called as O.Ps) calling upon them jointly and severally to make good loss suffered by her as stated supra.  But the Opposite parties given reply notice denying the liability. The aforesaid loss was occasioned an accident of manufacturing defect in the system of A.C coupled with the short circuit on account of improper maintenance of live electrical wire on the part of O.P. 1 and 2.  Thus there is clear deficiency of service on the part of the Opposite parties.  Hence, this complaint.

4.                The O.P.1 and 2 filed joint counter and stated that the Complainant neither the owner of the house nor consumer to this department.  On that the entire complaint mixed of facts hence, unless and until full fledge trial not conduct the fact will not come before this Hon’ble court on that the Hon’ble court  have no jurisdiction, except the civil court.    In the fact there is no provision of law or electricity act about the II phase connection to any either houses or industries on that these Opposite parties did not given any II phase connection to the house of the Complainant.  On that she issued a notice without disclosing the date which electrical people visited her house and rectified the service wire.  On that the phone call received by this department on 22-4-2015 and immediately rushed and got rectified the service line. 

5.                The Opposite parties also stated that even after the incident the service number 58978 is properly functioned without any remark.  If really there is any fault on the department the total house articles would damage.  The service is having connected load 2000 Watts only.  But using by her 4443 watts which clearly goes to show that she is using un-authorized connected load and wiring also not proper and advised her to regularize the same by paying additional load amount even till today she without carry the advise to regularize the connection and also stated that this Hon’ble court have no jurisdiction to entertain the Complaint.  There is separate Hon’ble forum for the electricity board called “Consumer Grievance Redressal Froum, Tirupati”.

6.                It is therefore, prayed this Hon’ble forum may be please to dismiss the petition with exemplary costs. 

7.                The Opposite party No. 3 filed separate counter and stated that this company is the leading manufacturer of electronic products with highest quality.  At the time of settlement  letter issued by the Complainant on replacement of the said A.C the short circuit occurred only due to improper maintenance of the electrical wires on the part of the O.P.1 and 2 for the fault of the O.P.1 & 2 this answering O.P. cannot be penalized and also stated that it is clearly indicates that there is admission on the part of the Complainant that the eclectic supply is improper. Due to improper electric connection there was a short circuit and which results the loss of household articles were burnt.  Even this O.P. as a good will gesture agreed to replace the A.C and only after replacement the Complainant has issued the settlement letter.  Hence, this forum may be dismiss the C.C. with costs.

8.                To prove his case the complainant filed an affidavit along with documents and got marked Exs. A1 to A19 and on behalf of the opposite parties Exs. B1 to B4 documents were marked.  Both parties are filed written arguments also. 

9.                On the basis of the above pleadings the following points are settled for determination. 

     i.        Whether the complainant is eligible for compensation as prayed by her?  

2. Whether there is negligence or deficiency of service on the part of opposite parties?
3. To what relief?

10.              Point Nos. 1 & 2.  It is undisputed fact that the Complainant was purchased Samsung company 1.5 tone split A.C on 12-5-2014.  After purchasing the said A.C installed at her house and the said A.C. was not functioned properly and same was informed to the company  i.e. O.P.3 by on line.   Accordingly, the company service engineer visited and tested the A.C and stated that due to problem in supply of electric power and she was given advice to get III phase connection.   Accordingly, the Complainant approached electricity department by phone and the electricity department personnel came and gave II phase connection. 

11.              On 3-4-2015 at 9.25 p.m she switched on the A.C. after 5 minutes a big sound busted from A.C and flames arose and shattered into the room and the house hold furniture and currency were completely burnt.   But the Opposite parties denied their liability. 

12.              The counsel of the O.P.1 and 2 contended that the Complainant is neither owner of the house nor consumer of this department and these Opposite parties not given any II phase connection to the house of Complainant. This complaint is mixed of facts.  Hence, unless and until Full-fledged trial is conduct the facts will not come.  

13.              On the other hand the counsel of O.P.3 contended that at the time of settlement letter executed by the Complainant on replacement of said A.C she stated that the short circuit occurred only due to improper maintenance of the electrical wires on the part of O.P.1 & 2.   For the fault of O.P.1 and 2 this O.P. cannot be penalized. 

14.              So far as the O.P.3 liability is concerned that the Complainant already received Samsung A.C and executed Ex. B4 letter by stating that her entire claim fully settled and there is no further claim in respect of the damage of articles in her house.  The Complainant also undertook in Ex. B4 letter of settlement, that she will not made any further claim.  Therefore, the Complainant cannot claim relief from the O.P.3.  Hence, the claim against O.P.3 is liable to be dismissed.

15.              In respect of liability of O.P.1 & 2 the Complainant alleged that due to improper maintenance of electricity by giving II phase connection her articles viz., Samsung T.V. HMT watch, double cot bed, century company bed, UNI Stabilizer, costly cloths, wooden cupboards, mirrors, BPL Refrigerator, dressing table and costly valuable cosmetic items and wall paintings and so also the window glass also broken and currency notes of worth of Rs. 1,50,000/- kept at the widows were completely burnt and damaged.  The O.P.1 & 2 denied giving II phase connection for the house of Complainant and their liability to pay compensation. 

16.              The burden to prove II phase connection was given to her house is on the Complainant. There is no evidence placed by Complainant that she applied                            II phase connection or III phase connection of electricity of her house.  There is also no evidence that the Complainants landlord applied for II or III phase connection.  So Complainant failed to prove that II phase connection was given to her house and improper maintenance of O.P.1 and 2.  She sustained damage to her house hold articles and burnt of cash of Rs. 1,50,000/-.

17.              Though the Complainant stated that she kept Rs. 1,50,000/- is window and same was burnt but Complainant was  unable to explain about the money and kept it in window.  So the contention of Rs. 1,50,000/- cash was burnt is unbelievable and not proved. 

18.              By overall considering the documentary evidence placed both the parties and considering contentions raised by them the Complainant claim is unsustainable.  O.P.1 &  2 also no deficiency of service on their part.  Hence, the O.P.1 & 2 are also no liable to claim amount by the Complainant, complaint liable to be dismissed.  Moreover the case of the complaint required lot of evidence and elaborate enquiry to appreciate the contention of the parties of this case, as the forum is following summary procedure on this ground also the Complaint is not maintainable and liable to be dismissed.  Hence, the points 1 & 2  are answered against the Complainant. 

19.              Point No. 3   In the result, the complaint is dismissed without costs.

                   Typed to my dictation, corrected and pronounced by us in the open Forum, this the 3^rd June 2016

MEMBER                                           MEMBER                                        PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant    NIL                                       For Opposite parties :     NIL  

Exhibits marked for Complainant: -

Ex: A1         F.I.R. in Crime No.161/2015 of Kadapa 1 town U/G P.S.

Ex: A2         Outpatient ticket dated 2-5-2015 issued by RIMS, Kadapa.

Ex: A3         Estimate bill dated 5-5-2015 issued by Sri Keerthi Agencies, Kadapa.

Ex: A4         Cash Bills 3 in number dated 6-5-2015 and 10-5-2015 issued by Sri Rama

                   Electricals, Kadapa.

Ex: A5         Certificate dated 7-5-2015 issued by District Fire Officer, Kadapa

Ex: A6         Bills two in number dated 10-5-2015 issued by the Amrutha Valli Ladies

                   Corner, Kadapa.

Ex: A7         Estimate bills two in number dated 11-5-15 issued by Siva Hardwares,

                   Kadapa.

Ex: A8         Receipt issued by P. Veerachary, Carpentar, Kadapa.

Ex: A9         Estimation sheet dated 20-5-2015 issued by Service Engineer, Sravani

                   Electronics, Kadapa.

Ex:A10        Cash receipt dated 23-5-2015 issued by Service Engineer, Sravani Electronics, Kadapa.

Ex: A11       Tax invoice dt. 24-5-2015 issued by K.G.N. Digital Plaza, kadapa.

Ex: A12       Office copy of legal notice dated 1-6-2015 of issued by the complainant.

Ex: A13       Postal Receipt 3 in number.

Ex: A14       Acknowledgement dated 10-6-2015 of 1^st opposite party.

Ex: A15       Acknowledgement dated 11-6-2015 of  2^nd  opposite party.

Ex: A16       Acknowledgement  of 3^rd opposite party.

Ex:A17        Office copy of reply notice dated 16-6-2015 given by counsel for respondents no.1 & 2.

Ex: A18       Office copy of reply notice dated 10-7-2015 given by counsel for respondent no.3.

Ex: A19       Colour photos 14 in number showing the damage caused to the complainant.

Exhibits marked on behalf of the Opposite parties : - 

Ex:B1          P/c of Legal notice to Respondent dt.10-7-2015.              

Ex:B2          P/c of Postal Receipts Dt.10-7-2015

Ex:B3          P/c of Courier Receipts 2 no’s.

Ex:B4          P/c of Letter of Settlement By the Complainant to The Manager, Samsung India Electronics Pvt Ltd,.

MEMBER                                            MEMBER                                    PRESIDENT

Copy to :-

1. Sri M. Suresh Kumar, Advocate for Complainant
2. Sri C.S. Riyazuddin, Advocate for O.P.1 and O.P.2
3. Sri P. Bhaskar, Advocate for O.P.3.

B.V.P.