BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint No.25/2018.
Date of instt.:11.01.2018.
Date of Decision:24.01.2019.
- Ramphal s/o Shri Lal Singh,
- Roshan Lal s/o Shri Ramphal, both residents of village Sajuma, Distt. Kaithal.
……….Complainants.
Versus
- Uttari Haryana Bijli Vitran Nigam Limited, Sub Urban No.1, Kaithal.
- Uttari Haryana Bijli Vitran Nigam Limited, Vidyut Saddan, Sector-6, Panchkula.
.……..Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Shri Rajbir Singh, Presiding Member
Smt. Suman Rana, Member.
Present: Shri Davinder Singh, Adv. for the complainant.
Shri Karan Gaur, Adv. for the Ops.
ORDER
(Rajbir Singh, Presiding Member)
The complainant has filed the present complaint under Section 12 of Consumer Protection Act 1986; with the averments that he is consumer of respondents vide domestic electric connection bearing Account No.KU35-3772W. The electricity supplying transformer to their premises installed at Mandir at pond of the village and its electricity supply transmission line remained defective and out of order due to over size high tension fuse system, incomplete earthing. The high and low tension fuse system were supplying direct and having leakage electricity current. On 17.12.17 as he was bringing his nine months pregnant buffalo at pond at village for quenching its thrust and due to above said leakage of electricity current and unrepaired machinery of the transformer, it was having leakage of current in earth also and due to watered earth his buffalo got electrocuted and fell down. He tried to escape his buffalo, during this process, the guiding rope of the buffalo broken and the buffalo died at the spot. The matter was reported to the respondents as well as to the police who lodged DDR No.7 dt. 17.12.2017 in PS Kalayat. The postmortem of his dead buffalo was duly conducted by the doctors of GVH Kalayat vide Postmortem Report No.53166 dt. 17.12.17. The officials of the OPs namely Om Parkash JE, Vikram Lineman, Satish lineman, Kulbir ALM, Rakesh ALM also visited the spot of accident on 17.12.17 itself and repaired the said defective machinery of transformer alongwith electricity supply line to his premises. The act and conduct of the OPs clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavits Ex.CW1/A, Ex.CW2/A and documents Ex.C1 to Ex.C4, Mark C1 to Mark C3.
2. On notice, OPs appeared and have filed reply submitting therein that no accident as alleged by the complainant has ever taken place; that no information regarding alleged accident was ever given by the complainant or any other person to the officials of the respondents posted at village Sajuma; that the official of respondents namely Om Parkash JE posted as Area Incharge of village Sajuma, upon receipt of knowledge of alleged accident alongwith other officials immediately visited the site and found that there was no leakage of current in the transformer and was properly maintained; that the officials of respondents found that the buffalo of complainant did not die as alleged by him and there was no negligence on the part of the respondents. On merits, the rest of the contents of the complaint are denied and prayed for dismissal the same. In evidence, the OPs has tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R3.
3. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.
4. The complainant in order to prove their case have placed on file their duly sworn affidavits Ex.CW1/A and Ex.CW2/A respectively besides documents such as Ex.C1 to Ex.C4 (photographs, Mark C1 (copy of DDR No.07 of 17.12.2017), Mark C2 (copy of Post Mortem Report No.53166 dated 17.12.2017) and Mark C3 (photo copy of electricity bill).
5. The complainant has come with the plea that on 17.12.2017 an electric current was leaking in earth due to defective oversize high tension fuse system of the transformer their buffalo got electrocuted and fell down and died at the spot. It all happened due to lack of care and negligence on the part of the OPs in maintaining the transformer. Learned counsel for the complainant has drawn the attention of this Forum towards DDR No.7 dated 17.12.2017 wherein incident qua death of buffalo due to electrocution has been reported and Post Mortem Report Mark C2 wherein The Veterinary Surgeon GVM, Kalayat has mentioned that In my opinion the said animal (buffalo) died due to electrocution. On the other hand, the version of the opposite parties is that the buffalo did not die due to electrocution and there was no lack of care and negligence on their part in maintaining the transformer and electricity lines. In the reply and affidavit Ex.RW1/A Sh.Om Parkash Junior Engineer has mentioned that he and other officials have visited the spot on receiving the intimation qua the incident and it was found that there was no leakage of current in the transformer in question and the same was properly maintained. The act and conduct of the Ops shows that it has taken the matter in casual manner because no other official except said Junior Engineer has ever stepped into witness box to corroborate the version of Sh.Om Parkash Junior Engineer. In the Post Mortem Report Mark C2 The Veterinary Surgeon GVM, Kalayat has specifically mentioned that the buffalo died due to electrocution, therefore we inclined to accept the version of complainants. The complainant No.1 has been shown as owner of the buffalo, aged 5 years approximately, in the Post Mortem report Mark C2. The documents marked as C1 and C2 show the cause of death of buffalo is sudden and due to electrocution. In these circumstances, we are of the considered view that the buffalo in question had died due to electrocution resulting into financial loss to the complainant.
6. It is pertinent to mention here that to mention here that in the complaint, the complainant as claimed Rs.1,50,000/- being value of the dead buffalo besides compensation on other counts but no document has been filed by him showing the value of the deceased buffalo was Rs.1,50,000/- as mentioned in the prayer clause. Since the age of the deceased buffalo was about 5 years therefore, we are of the view that the value of the buffalo might not be less than Rs.70,000/-. Therefore in view of these circumstances, the end of justice would be met if we allowed compensation to the complainant to the tune of Rs. 70,000/-.
7. Thus, as a sequel of above discussion, we partly allowed the present complaint with a direction to the OPs to pay a sum of Rs.70,000/- as death compensation for electrocuted buffalo besides compensation of Rs.5500/- on account of mental agony, harassment and cost of litigation. The order be complied with a period of 30 days failing which the awarded amount would carry interest @ 9 % per annum from the date of filing of the complaint till its realization. Copy of the judgment be sent to the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.24.1.2019.
(Suman Rana) (Rajbir Singh)
Member. Presiding Member.
Present: Shri Davinder Singh, Adv. for the complainant.
Shri Karan Gaur, Adv. for the Ops.
On the joint request, case is adjourned to 24.01.2019 for remaining arguments.
Dated: 22.1.2019. Member. Presiding Member.
Present: Shri Davinder Singh, Adv. for the complainant.
Shri Karan Gaur, Adv. for the Ops.
Remaining arguments heard. Order pronounced, vide our separate order in detail of even dated, the present complaint is partly allowed. File be consigned to record-room after due compliance.
Dated: 24.1.2019. Member. Presiding Member
