State Consumer Disputes Redressal Commission
The Managing Director, vs Muralidhar Rana, on 15 December, 2020
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,ODISHA,CUTTACK
C.D.A.739 OF 2002
(From an order dated 7.10.2002 passed by the District Forum,
Sundargarh-I in C.D. Case No. 149 of 2000)
1.The Managing Director,
Western Electricity Supply Company
of Orissa Ltd.,At:-Burla,
Dist:-Sambalpur,
2. Executive Engineer,
Western Electricity Supply Company
of Orissa Ltd.,
At/Po/Dist:-Sundargarh.
3. Sub-Divisional Officer(Electrical),
Ujalpur Electrical Division,
At:-Ujalpur,Dist:-Sundargarh.
4. Sectional Officer,
Himagiri Electrical Division,
Dist:-Sugargarh. ...... Appellants
-Vrs-
Muralidhar Rana,,S/o:-Bhogila Rana,
Vill:- Ramalata,Po:- Kuchedega,
Ps:- Hemagiri,Dist:-Sundargarh ...Respondent
____________
For the appellants : M/s.B.K.Pattanaik & Associates. For the
Respondent : M/s.R.K.Mohanty & Associates.
_____________
P R E S E N T:
THE HON'BLE DR.JUSTICE D.P.CHOUDHURY J, PRESIDENT
AND
DR. SMARITA MOHANTY, MEMBER
DATED THE 15 th SEPTEMBER, 2020
ORDER
DR. SMARITA MOHANTY,MEMBER This appeal u/s 15 of erstwhile Consumer Protection Act is directed against order dated 7.10.2002 passed by learned District Forum, Sundargarh-I in C. D. Case no. 149 of 2000.
2. Appellants representing Electricity Distribution Company, WESCO were O.Ps. whereas respondent was complainant before the District Forum. Hereinafter the parties are referred as arrayed before the District Forum.
3. Brief facts of the case is that complainant availed power supply from O.Ps.-Company vide consumer no. LI-290-H for his tube well for irrigation purpose and had installed a motor of 7.5 Horse Power. It was alleged that power supply was disrupted due to theft of electric wires from five electric poles. On 30.9.2000 complainant informed O.P. no.4 for restoration of power supply. O.Ps. did not respond. Thereafter he served a letter dated 4.11.2000 to Executive Engineer, WESCO, Electrical Department, Sundargarh. Due to non supply of power complainant sustained heavy loss as crops got damaged. Alleging deficiency of service complainant claimed compensation of Rs.2,00,000/- towards damage of crops and Rs.5,000/- towards mental agony as well as Rs.2,000/- towards cost of litigation.
4. O.Ps. admitting the facts contended that on intimation of theft of electrical wires O.Ps. reported the matter before OIC, Hemgir vide office letter no. 298 dated 3.10.2000 and to the higher authority of Electricity Department for necessary action. It was submitted that some miscreants had stolen conductors from the same spot repeatedly on 28.6.1994, 27.8.2000 and 29.9.2000. After spot verification made by the officials of O.Ps., the loss was estimated and the report was sent to S. E. Rourkela for necessary steps. The replacement of stolen conductors will be authorised only on formation of a village committee under the chairmanship of the Sarpanch to be constituted through the Block Development Officer. This committee should give assurance to take steps to prevent such theft in future. About this all Collectors have been intimated by I & P Department. O.Ps. have completed their formality but complainant has not done his part. Hence there is delay in supply of conductors but there is no deficiency on the part of O.Ps.
5. Taking into consideration of facts and circumstances of the case learned District Forum held O.Ps. guilty of deficiency of service against complainant and directed O.Ps. to set right the electric line and to provide electric energy to complainant and further directed O.Ps. to pay compensation of Rs.35,000/- towards loss in agricultural production of crops and vegetables, Rs.5,000/- towards mental agony and harassment suffered by the complainant and Rs.1,000/- towards costs to the complainant within one month from the date of receipt of the order.
6. Being aggrieved by the aforesaid order O.Ps. filed the present appeal on the grounds that learned District Forum failed to consider that the village committee and the consumer were the custodian of electrical installation and apparatus in the village and due to further non-cooperation the supply of power could not be restored to the complainant learned District Forum committed serious illegality by not considering such facts and awarded compensation amount without any basis of proof and is thus liable to be set aside.
7. We heard Mr. B. K. Pattanaik, learned counsel for appellants. None appeared on behalf of respondent on call.
8. We perused the impugned order as well as the District Forum record along with materials available on record.
9. On perusal of record it is found that there was repeated theft of electrical conductors in the village of complainant as a result there was disruption of power supply to the L.I. point of complainant. Due to such theft the matter was intimated to Police Station of Hemgir for investigation. It was further decided by O.P. that considering the frequency of theft and paucity of funds for purchase of costly conductors, same shall be replaced with the approval of the Chairman OSEB. It was also decided by O.P. through a circular that the beneficiaries have to clear at least 50% of the dues towards energy charges before replacement of conductors. Further it was held by the Department that replacement will be authorised only on formation of a village committee under the Chairmanship of the Sarpanch to be constituted by the Block Development Officer. This committee should give assurance to take steps to prevent such theft on future. About this all Collectors have been intimated by I & P Department. It is the plea of OP that as complainant did not take any step above requests, O.Ps. could not provide power supply to his L.I. point.
10. Learned District Forum relied on the decision of Hon'ble National Commission reported in II (1995) CPJ 183 (NC) wherein it was held:-
"Compensation signifies the value estimated in money of something lost or withheld. The claim must be substantiated by adducing evidence. xxxx The complainant has to establish that there was negligence on the part of the O.Ps. and that as a consequence thereof loss or injury was suffered by him."
Basing on the aforesaid decision District Forum concluded that complainant has well established the allegation against O.Ps. and proved their negligence in rendering service and awarded compensation.
11. After examining the Affidavit of complainant it is revealed that VAW (Village Agricultural Worker) of Topria GP Hemgir Gram Panchayat had visited the spot and submitted a report. But the report does not reveal the extent of loss sustained by complainant. Moreover the report submitted before District Forum is written in a plain paper and not in proper format, seal and signature which is not admissible. But learned District Forum allowed his complaint and awarded cost and compensation. It is seen that as per the circular of Electrical Department the work to be carried out by the village committee and the conductors will be replaced on payment of 50% of arrear charges which was not complied by complainant for which O.Ps. could not supply power supply to complainant's L.I. point. Further complainant has not filed any document to show regarding formation of village committee and steps to be taken to check future theft of electrical conductors. Thus, complainant has failed to prove the deficiency of service on the part of O.P.
12. In view of the above discussion we are of the opinion that the observations made by learned District Forum is palpably wrong. There is no substantive evidence adduced by complainant to get relief sought for.
13. We are of the view that the impugned order is not sustainable in law and is liable to be set aside and we do so.
14. In the result, the impugned order dated 7.10.2002 is set aside. Consequently, appeal is allowed. No costs.
Supply free copy of this order to the respective parties. DFR be sent back forthwith.
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(Dr.D.P.Choudhury, J President .....................
(Dr.S.Mohanty) Member Cuttack 15TH September,2020.