State Consumer Disputes Redressal Commission
U.P.P.C.L. vs Subedar Singh on 12 October, 2023
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2665/2018 ( Date of Filing : 27 Nov 2018 ) (Arisen out of Order Dated 17/10/2018 in Case No. C/170/2016 of District Mainpuri) 1. U.P.P.C.L. Mainpuri ...........Appellant(s) Versus 1. Subedar Singh Mainpuri ...........Respondent(s) BEFORE: HON'BLE MR. Rajendra Singh PRESIDING MEMBER HON'BLE MR. Vikas Saxena JUDICIAL MEMBER PRESENT: Dated : 12 Oct 2023 Final Order / Judgement Reserved State Consumer Disputes Redressal Commission U.P., Lucknow. Appeal No.2665 of 2018 1- Superintending Engineer, Vidyut Vitran Mandal, Dakshinanchal Vidyut Vitran Nigam, Power House, Mainpuri. 2- Managing Director, U.P.P.C.Ltd. Dakshinanchal, Sikandara Road, Agra. ...Appellants. Versus Subedar Singh s/o Rewati Ram, R/o Chandeshwar Ashram, Mainpuri, Tehsil & District, Mainpuri. ..Respondent. Present:- Hon'ble Mr. Rajendra Singh, Presiding Member.
Hon'ble Mr. Vikas Saxena, Member.
Mr. Manoj Kumar, Jr. Advocate of Mr. Deepak Mehrotra for Appellant.
None for the respondent.
Date: 20.10.2023 JUDGMENT Per Mr. Rajendra Singh, Member: The present appeal has been filed against the judgment and order dated 17.10.2018 passed by the Ld. District Commission, Mainpuri in complaint case no.170 of 2016, Subedar Singh vs. Superintending Engineer, U.P.P.C.L. Mainpuri & anr.
The brief facts of the appeal are that, that the impugned judgment and order dated 17.10.2018 is absolutely illegal, unjust and arbitrary. The Learned District Consumer Commission failed to see that the complainant does not have any electricity connection and there is no relationship of consumer and service provider between the complainant and the opposite parties. The opposite party has raised the strong objection on this point. The learned District Consumer Commission has passed order dated 17.10.2018 without considering the complete facts and circumstances of the case. The ld. Forum has acted with a biased mind and has not tried to look into those facts and circumstances which were against the complainant. The provisions have been made by various Acts and office orders for providing ex gratia compensation to those persons who suffer the loss of property or life et cetera due to an electrical accident which can at a public place and the complainant's case was considered as per the Corporation/boards order dated 3 February 2016. A payment of Rs.16,400/- was made to him to the loss a buffalo as object of electrical accident.
The complainant has accepted this payment without any protest and did not make any representation et cetera before the opposite parties at any point of time. Thereafter he filed a case on the provocation by somebody. The provisions for making ex gratia payment had been specifically made only for those persons who have no relation with the UPPCL and who suffers injuries due to electrical current. The learned District Forum has wrongly held that the UPPCL has made a payment of Rs.16,400/- as ex-gratia payment as it had accepted its negligence or fault. This is totally illogical and misconceived view. The ex gratia payment and compensation is made without ascertaining as to who was liable for accident and without conducting an enquiry as has been provided under the rules.
The subject matter of the complainant is beyond the scope and purview of the Consumer Protection Act. It is a matter of electrical accident which had occurred at a public place. The alleged accident has occurred at a public place from a HT line, hence there is no question of hiring of any services at the HT line which were just passing over the road. Besides this the cases related to electrical accident which take place at a public place through general transmission line or HT line comes in the category of fatal accident and for the purpose of dealing with such type of cases, the special Acts have already been acted such as Public Liability Act and Fatal Accident Act. The electrical inspector has been authorised to conduct the enquiry and submit his report on the cause of accident and also the other aspects related thereto. The complainant is himself guilty of acting negligently and carelessly. He used to tie his buffalo with the electrical pole which is dangerous for the life.
The learned District Forum has arbitrarily awarded the compensation along with interest and additional compensation and cost while the case itself is not maintainable and while there is no deficiency of service on the part of the opposite parties. Hence it is most humbly prayed from this Hon'ble commission to set aside the impugned judgment and order and allow the present appeal.
We have heard the learned counsel for the appellant MR Manoj Kumar, Junior of Mr. Deepak Mehrotra. The notice sent to the respondent did not receive back. Hence, service on him is held sufficient. We have perused the pleadings, evidences and documents on record.
The Consumer Protection Act, came into existence and implemented in 1986, provides Consumer Rights to prevent consumers from fraud or specified unfair practices. It safeguards and encourages and gives an opportunity to consumers to speak against insufficiency and flaws in goods and services. If traders, manufacturers and distributors follow any foul trade, this act protects their rights as a consumer.
This Protection Act covers entire goods and services of all sectors that are public, private, or cooperative sectors, except those exempted by the central government. The act provides a floor for a consumer where one can file their complaint against the product and the forum takes an action against the concerned supplier and compensation is granted to the consumer for the inconvenience he/she has encountered.
To Provide better and all round protection to consumer.
To Provide machinery for the speedy redressal of the grievances.
To Create framework for consumers to seek redressal.
To Provide rights to consumers.
To Safeguarde rights of Consumers.
Let us know more about the rights and responsiblities of consumer.
Listed below are the Rights of the Consumer Right to Safety- Before buying, a consumer can examine on the quality and guarantee of the goods and opt for ISI or AGMARK products.
Right to Choose- Consumer must have the right to choose from a variety and number of goods and in a competitive price Right to be informed- The buyers must be provided with complete information with all the necessary and adequate details of the product, make her/him act wise, and change the buying decision.
Right to Consumer Education- The consumer must be aware of his/her rights and avoid exploitation.
Right to be heard- The consumer will get due attention to express their grievances at a suitable platform.
Right to seek compensation- The consumer has the right to seek or ask for redressal against unfair and inhumane practices or exploitation of the consumer.
Consumer Responsibilities Responsibility to be aware - A consumer has to be careful of the safety and quality of products and services before purchasing.
Responsibility to think independently- Consumer should be well bothered about what they want and need and hence make independent choices.
Responsibility to speak out- The buyer should be fearless to speak out their problems and tell to traders what they exactly want Responsibility to complain- It becomes the consumer's responsibility to express and file a complaint about their dissatisfaction with goods or services in a sincere and fair manner.
Responsibility to be an Ethical Consumer- Consumer must be fair and not engage themselves with any deceptive practice.
The Consumer Protection Act 1986 was enacted to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of Consumers Councils and other authorities for the settlement of consumers' disputes and for matters connected therewith (Preamble).
The Act Inter alia, seeks to promote and protect the rights of consumers such as --
(1) right to be protected against marketing of goods which are hazardous to life and property;
(2) right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices;
(3) right to be assured, wherever possible, access to variety of goods at competitive prices;
(4) right to be heard and to assured that customers' interests will receive due consideration at appropriate forums.
(5) Right to seek redressal against unfair practices or unscrupulous exploitation of consumers; and (6) Right to consumer education The objects are sought to be promoted and protected by the Consumer Protection Councils to be established at the Central and State levels.
The Act applies to all goods and services, except if otherwise provided by the Central Government by Notification. To provide speedy and simple redressal of consumer disputes, a quasi judicial machinery is set up at the District, State and Central levels. The three tier system of quasi judicial bodies will observe the principle of natural justice and are empowered to give relief of a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non-compliance of the orders given by the quasi judicial bodies have also been provided.
Thus the Consumer Protection Act is to serve the interests of the consumers. Consumer education and redressal of consumers' grievances are the two aspects of the Act. It makes good the loss a consumer suffers and increases the feeling of responsibility of the manufacturer, trader, supplier or businessman.
The provisions of the Act have to be construed in favor of the consumer to achieve the purpose of enactment as it is social benefit oriented legislation. The primary duty of the Court while construing the provisions of such an Act is to adopt a constructive approach subject to that it should not do violence to the language of the provisions and not contrary to attempted objective of the enactment.
While other legislations may be either punitive or preventive, the Consumer Protection Act compensates the consumer. The provisions of the Act are in addition to and not in derogation of the provisions of any law at the time being in force (Sec 3). In Maine Container Services South Pvt Ltd v Go Garments 1998 (3) SCC 247 it has been held that the Contract Act applies to all litigants before the Commissioner under the Consumers Protection Act. Passengers traveling in train suffering injuries and loss of Jewelry as a result of assault by unruly crowd are eligible for filing of complaint before State Commission is maintainable notwithstanding the provisions of sections 100 and 103 of Railways Act, 1889. The Consumer Protection Act therefore gives the consumer an additional remedy besides those which may be available under other existing laws. Existence of an arbitration clause in the agreement is no bar to the entertainment of complaint by the Redressal Agency as the remedy under the Act is in addition to the provisions of any other law. However, the Consumer Forums under the Act have not taken over the jurisdiction of civil Courts. If the dispute between the parties is pending in Civil Court no Consumer Forum will adjudicate the dispute. Similarly if evidence be laid by the parties to the dispute is voluminous or complicated the parties will be referred to the appropriate Civil Court.
Consumers Protection Act, thus enshrines the rights of a consumer to be informed about the quality, quantity, potency, price etc., of the goods to be protected against unfair trade practices, to seek inexpensive and expeditious redressal of grievances before the Consumer Forums. Consumer Protection Act is a benevolent piece of legislation to protect a large body of consumers from exploitation.
With the passage of time, the populace of the country is on hike and so are their opinions. Their opinion forms the basis for their interpretation, it may be a good or a bad interpretation. What would happen in the situation where people starting interpreting the laws? We might be flooded with several interpretations. The interpretations will be in such huge number that the laws will become unclear. This is the reason why lawmakers, while making the law, formulate itin accordance with the aim, set out by them, before penning down the legislations. The aim of any legislation defines the basis of the act. It becomes the ground norm of the act, based upon which the judiciary interprets the disputed texts.
The aim of any act forms the indispensable element, because it acts as the cord that delivers the real intention of the legislators behind the act. Whenever there is clash between two legislations, it is the aim of the legislation which makes the judges to derive at the endpoint in deciding which law has the superseding effect. It is through the doctrine of pith and substance that judges are able to derive at the major inclination towards one act over another act. This inclination is decided on the basis of the aim/goal of the act and the facts of that particular case.
The beneficial legislation of Consumer Protection Act aims at reducing the grievances of the all classes of customers by providing them the preferential treatment. According to the Consumer Protection Act, the consumer dispute is the entity where the consumer/ customers have been given the convenient safeguards against ample exploitation like bad customer service, faulty goods or any unfair trade practices. The interest of the customers is protected by setting up, the three tier quasi-judicial consumer Redressal machinery which are at national, state and district levels as per section 9 of Consumer Protection Act. The Consumer Protection Act, 1986 (CPA) has been enacted in light of certain concerns related to public policy and the benefit of consumer.
In the present case the burden is on the appellant as to under what circumstances the electric current came in the pole. Whether the top insulation through which the electrical wire runs has become defective or broken. From the documents on record it is clear that an amount of Rs.16,400.00 has already been paid as compensation for the death of the buffalo. The ld. District Consumer Commission has awarded Rs.29,600/- with interest at a rate of 7%. The price of a buffalo has been increased and now a buffalo comes in lakhs of rupees depending on the milking capacity of the concerned buffalo. The ld. District Consumer Commission has awarded a reasonable amount which cannot be said excessive. The appellant has already paid Rs.16,400/- as compensation for the death of the buffalo, how can he raise the question that he is not liable for this accident.
So we are of the opinion that there is no illegality in the judgment of the ld. District Consumer Commission and the present appeal is liable to dismissed.
The appeal is dismissed.
If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the District Commission concerned for satisfying the decree as per rules alongwith accrued interest upto date.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Vikas Saxena) (Rajendra Singh) Member Presiding Member Judgment dated/typed signed by us and pronounced in the open court. Consign to record. (Vikas Saxena) (Rajendra Singh) Member Presiding Member Dated 20.10.2023 Jafri, PA I (H) Court 2 [HON'BLE MR. Rajendra Singh] PRESIDING MEMBER [HON'BLE MR. Vikas Saxena] JUDICIAL MEMBER