Haryana

StateCommission

A/424/2019

GHANSHAM AND ANOTHER - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

DPS JOURA

10 Jul 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                                         First Appeal No.424 of 2019

Date of Institution:30.04.2019

                                                               Date of Decision: 10.07.2019

 

1.      Ghansham s/o Sh. Shri Maan Singh, R/o Village Bilochpura,Tehsil Matanhail, Distt. Jhajjar, Haryana.

2.      Ramparshad s/o Sh. Ramjilal, R/o Village Chhuchhakwas, Tehsil Matanhail,Distt. Jhajjar, Haryana

…..Appellants

Versus

 

1.      U.H.B.V.N. Ltd., through  Superintendent Engineer UHBVN Ltd. Jhajjar.

2.      XEN UHBVN Jhajjar.

3.      S.D.O., U.H.B.V.N. Matanhail Distt. Jhajjar.

                                      …..Respondents

 

 

CORAM:             Mr. Ram Singh Chaudhary, Judicial Member.

 

                                                                                                         

Present:              Mr.D.P.S.Joura, Advocate for the appellants.

 

                                                   O R D E R

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

          The present appeal has been filed against the impugned order dated 29.03.2019 passed by District Consumer Disputes Redressal Forum, Jhajjar (In short “District Forum”) vide which the complaint instituted by the complainant-appellant was dismissed.

2.      Briefly stated, the fact of the case are that the complainant No.1 is tenant of the shop and complainant No.2 is owner of the shop and complainant No.1 is using the electricity connection, which was installed at the shop premises.  On 08.10.2015, due to sparking in pole which was adjoining to the shop, he suffered loss of stock of clothes and articles laying in the shop for Rs.50,00,000/-.   The complainant requested the O.Ps to pay Rs.19,50,000/- as value of shop, clothes, furniture and other parts, but, to no avail.  Thus there was deficiency in services of the O.P.

3.      Notice being issued. Opposite parties (O.Ps.) contested the complaint and it has been alleged in the written version that any sparking took place on the electric pole because of that shop was burnt.  Complainant No.1 installed an inverter and battery inside the shop.  No liability is fastened upon the O.Ps. The site was examined, it was found that due to some internal defect in the supply of electricity by the inverter and battery. The line of 11 KVA Malik pur was opened from 1.01 hrs to 4.01 hrs and there was no electricity after 4.01 hours, whereas the shop was at fire at 4.15 a.m.  Thus there was no deficiency in service on the part of the O.Ps.  Preliminary objections about maintainability of complaint, concealment of material facts, accruing case of action, locus standi, etc. were also raised and requested to dismiss the complaint.

4.      After hearing both the parties, Learned District Forum dismissed the complaint vide impugned order dated 29.03.2019.

5.      Feeling aggrieved therefrom, complainants-appellants has preferred this appeal.

6.      The argument have been advanced by Mr.D.P.S.Joura,  the learned counsel for the appellant has heard at length. With his kind assistance the entire records had been properly perused and examined.

7.      While addressing the arguments, it has been argued by learned counsel for the appellants-complainants that due to sparking in the electric pole installed adjoining to the shop, he suffered loss of Rs.50,00,000/-.  However, he is seeking Rs.19,50,000/- as value of shop, clothes, furniture and other parts from the O.Ps. 

8.      Since, he has failed to bring on record any affidavit or any statement from the persons from whom the complainant No.1 purchased the stock.     Since the expert survey report proved that the goods were destroyed in the fire incident due to battery and inverter installed in the shop. The line of 11 KVA Malik pur was opened from 1.01 hrs to 4.01 hrs and there was no electricity after 4.01 hours, whereas the shop was at fire at 4.15 a.m. 

9.      In view of the above observation and discussion, no illegality could be found with the order  dated 29.03.2019 passed by learned District Forum,  Jhajjar vide which the complaint was dismissed and as such, the appeal being devoid of merits stands dismissed.

 

July 10th, 2019                                                          Ram Singh Chaudhary,                                                                                                       Judicial Member                                                                                                                   Addl.Bench               

S.K.