Karnataka

Bidar

CC/80/2014

VEERSHETTY S/O KALAPPA SHERIKAR - Complainant(s)

Versus

THE EXECUTIVE ENGINEER GESCOM DIVISION BIDAR - Opp.Party(s)

K RAJKUMAR

12 Jul 2016

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::

 

                                                                                                         C.C.No. 80/2014

                                                                                              Date of filing: 20/09/2014

                                                                                        Date of disposal : 12/07/2016.

 

 

P R E S E N T:-              (1) Shri. Jagannath Prasad Udgata,

                                                                                         B.A., LL.B.

                                                                                                       President.

    

                                         (2) Shri. Shankrappa  (Halipurgi),

                                                                      B.A.LL.B.

                                                                                  Member.

                               

COMPLAINANT:           Veershetty, s/o Kalappa Sherikar,

                                     Age: 56 years, Occ: Agriculture,

                                     R/o Village: Bagdal,Tq. & Dist.Bidar.

 

                                   (By Shri. Rajkumar K. Advocate)

 

 

                                                      VERSUS

 

OPPONENT/S   :-           The  Executive Engineer,

                                     GESCOM, Bidar Division,

                                       Bidar.

 

                                     

                                      ( By Shri. R.K.Ganure, Advocate)

                                                                                                                                                 

 

 

 

::   J UD G M E N T  : :

 

 

 

By Shri. Jagannath Prasad Udgata, President.

 

    The complainant Sri.Veershetty, an agriculturist by profession and a resident of village Bagdal Tq.Dist.Bidar is before us in this case filed u/s. 12 of the C.P.Act., alleging deficiency of service and hazardous act against the O.P., a service provider in the public sector, transmitting electricity.

2.          Sri. Veershetty avers that, he was owing a young H.F.(Jersey ) Cow, yielding 12 liltre of milk every day, thus fetching him per day  a sum of Rs. 200/- after meeting the expenditures to maintain the Cow.  On 20-09-2012, in the morning he left his entire cattle including the Jersey Cow under reference for grazing in his land bearing Sy.no.93 of the village.  At 3 a.m. on the same day, when he went to inspect the bovines, found the Jersey Cow llying dead near an electrical pole installed in the land of one

Arun Kumar.  The complainant vouches, at that time, there was rain fall, causing flowing electric currents to the ground through the supporting (gay wire) of the pole thereby rendering the entire area electrocuted.  The Cow, in the process of grazing had entered the area, got electric shock and died in the process.  The death of the Cow, was reported to the jurisdictional Bagdal P.S. consequent upon which, a case vide F.No.14/2012 as electrocution death of the Cow came to be registered.  The police authorities had conducted a spot Mahazar, recording the valuation of the Cow at Rs. 40,000/-  and further a P.M. was conducted on the caracass.  The complainant claims that, the flow of electricity to the ground was due to the negligent maintenance of the staffs of the O.P., which resulted in the untimely death of the Cow due to electrocution and claims compensation equivalent to the value of the Cow and also damages to the tune of Rs. 50,000/-.

3.        The complainant further avers that, he had approached and demanded compensation from the O.P. and when his just demands were not met, got issued a legal notice on 09-09-2014, despite which the O.P. did not pay any compensation and hence he is before this Court, seeking compensation, claiming himself as a Consumer.

4.           On receipt of notice from this Court, the O.P. has put up appearance through counsel and has filed written version on 29-09-2015, in which the status of the complainant has been denied, the jurisdiction of the the Forum has been challenged and quoting a catena of judgments of the Hon’ble National Commission and Supreme Court, the liability of the O.P. has been challenged.  The O.P. further quoting section 33 of electricity Act., 1910 had tried to find fault with the complainant that, he has not reported the matter to the Inspectorate of electricals.  It is further the say of the O.P. that, there was no leakage of electricity on the date and time alleged ( As if he had gone to the spot and examined the ground with a Tester).  He further challenges the ownership of the Cow, it’s milk yield and the calculations of daily/monthly income alleged by the complainant.  He prays to dismiss the case with costs.

5.          The parties concerned, have filed documents listed at the end of this order and have filed their respective evidence affidavits and written arguments justifying their respective stands.

6.         Going a step further ahead, the complainant’s side has filed citations reported in IV (2008) CPJ 38 N.C. and III (2010) CPJ 198 N.C. in which, the Honb’le National commission has been pleased to fix the onus on the electrical transmission companies.      

Consumer Protection Act,1986- Sectrons 2(1)(d), 2(1)(g) and 14(1)(d)- Electricity-Electrocution-Live wire fell on deceased- Severe electrocution and spot death resulted-villages pay taxes to Village Panchayats and power consumption charges to electricity company, are consumers-Complainants being beneficiaries entitled to compensation-Complaint allowed by  Forum-Order upheld in appeal-No interference required in revision.

 

7.               The above said decision of the National Commission puts us in no doubt that, the complainant is a consumer under the O.P.  There has been deficiency in service in the part of the O.P. not maintaining line properly and he must compensate the complainant for his loss.

8.                To quantify the loss, we have before us the documents Ex.P.1, a report of the police S.I. to the Tahasildar in which, the price of the dead Cow has been reported to be of Rs. 40,000/-.  The same figure has been corroborated in Ex.P.3, the spot Mahazar, Ex.P.4 P.M. report conducted by the Veterinary Officer, which has to get credence.  The all averments of the feuding  parties as per also III(2013) CPJ 377, two ratios laid down by Hon’ble National Commission in 2013 (I) CPR 510 and we therefore pass the following:-

 

 

 

: :   ORDER : :

 

   The complaint is allowed in part.

 

1. The O.P. is directed to reimburse a sum of Rs.40,000/- towards

the  cost of the dead Jersey Cow, died due to electrocution along with an interest @ 12% p.a. from the date of the death of the Cow i.e. 20-09-2012, till realisation.

2.    The O.P. is further directed to pay a compensation of     

Rs. 5,000/- towards the mental agonies undergone by the complainant together with Rs. 5,000/- towards litigation expenses.  To claim loss of income the complainant is at liberty to approach a Civil Court as decided by the National Commission in 2009 CTJ-535 and in 2008 CTJ 561 by the Hon’ble Apex Court

 

1.  Four weeks time is granted to comply this order.

 

 

 

   ( Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 12^th  day of July-2016 )

 

             Sd/-                                                                         Sd/-

Sri. Shankrappa H.                                          Sri. Jagannath Prasad                 

        Member                                                                  President

 

                                                                                                                                               

Documents produced by the complainant

                                                                                                                              

1.Ex.P.1- Report of P.S.I. Bagdal P.S. to the Tahasildar and Executive Magistrate, Bidar dt. 21-09-2012.

2.Ex.P.2- Police complaint dt.20-09-2012.

3.Ex.P.3- Spot Mahazar dt.20-09-2012.

4. Ex.P.4-P.M. Report of Veterinary Officer.  

5. Ex.P.5-Office copy of legal notice with postal receipt affixed.  

6. Ex.P.6-Reply of legal notice dt.07-10-2014.

 

 

 

Documents produced by the Opponents.

• Nil -

 

             Sd/-                                                                         Sd/-

Sri. Shankrappa H.                                          Sri. Jagannath Prasad                 

        Member                                                                  President