State Consumer Disputes Redressal Commission
The Section Officer, vs Siddanna on 7 March, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/2118/2017 ( Date of Filing : 27 Oct 2017 ) (Arisen out of Order Dated 29/07/2017 in Case No. Complaint Case No. CC/56/2014 of District Bijapur) 1. The Section Officer, Hubli Electricity Supply Company Ltd., Devara Hipparagi 2. The Asst. Executive Engineer (Ele) Sub-Division, Hubli Electricity Supply Company Ltd., Devar Hipparagi 3. Sub-Division, Hubli Electricity Supply Company Ltd., Devar Hipparagi Hubli Electricity Supply Company Ltd., Indi O & M Division, Indi, Bijapura District 4. The Asst. Executive Engineer (Ele) Hubli Electricity Supply Company Ltd., Sub-Division, India ...........Appellant(s) Versus 1. Siddanna S/o Annaray Biradar, Aged about 60 years, Occ: Agriculture, R/a Chikkarugi, Sindagi Tq., Bijapura Dist. ...........Respondent(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 07 Mar 2023 Final Order / Judgement BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH) DATED THIS THE 7th DAY OF MARCH, 2023 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, MEMBER APPEAL No.2118/2017 1. The Section Officer, Hubli Electricity Supply Company Ltd., Devara Hipparagi (In the District Forum wrongly Stated as Sindagi) ... Appellant/s 2. The Assistant Executive Engineer (Ele), Sub-Division, Hubli Electricity Supply Company Ltd., Devara Hipparagi 3 The Executive Engineer (Ele), Hubli Electricity Supply Company Ltd., Indi O & M Division, Indi, Bijapura District (In the District Forum wrongly stated As Bijapur) 4. The Assistant Executive Engineer (Ele), Hubli Electricity Supply Company Ltd, Sub-Division, Indi (By Sri.H.V.Devaraju, Advocate) -V/s- Sri.Siddanna S/o Sri.Annaray Biradar, Aged about 60 years, Occ. Agriculture, ... Respondent/s R/o Chikkarugi Tq: Sindagi, Bijapura District (By Sri.P.N.Prashanth, Advocate) O R D E R
BY SMT. SUNITA C.BAGEWADI, MEMBER This appeal is filed by the appellants/Opposite Parties being aggrieved by the order dated 29.07.2017 passed by the District Consumer Commission, Vijayapura in CC.No.56/2014 and prays to set-aside the order and to allow the appeal in the interest of justice and equity.
2. The brief facts of the complaint are as under:-
The complainant is the owner of agricultural land bearing R.S. No.171/1B measuring 13 acres 38 guntas of Chikkarugi village and R.S. No.172 measuring 4 acres of Chikkarugi village, the said lands are irrigated and irrigated crops are being grown. The source for irrigation of the above lands through well, dug by the complainant. The complainant gets electricity connection lawfully from Opposite Parties. The TC is situated towards the southern side of the said land and electrical wires are passing and the electrical poles are fixed in the complainant land. The wire from which the electricity is passing are not in proper way which are danger to the crops and as well as to the imamates. The complainant and other neighbors are requested to Opposite Party No.2 to make spot inspection in this regard but Opposite Parties not hear the wards.
On 09.04.2013 complainant get information that due to short circuit in the electrical wire, fire was broken down and spread the fire to the standing sugar cane crops and drip wire also came under fire. Suddenly complainant went to the spot and immediately informed the same to the fire fighter Indi, regarding the short circuit in the electrical wire, when the fire fighter came to the spot entire sugar cane drip wire came under fire and fire could not save the crop and drip wire also burnt, due to negligence act of Opposite Parties. The sugar cane crop was burnt, though request of complainant and other neighbor land owners and the Opposite Parties not take safety measure for protect the damages, on account of negligence on the part of Opposite Parties. The complainant sustained loss to the tune of Rs. 9,03,000/-.
After this complainant lodged the complaint before Police Station it was registered at AF No.1/2013 on 18.04.2013, the Panchanama was drawn. The Complainant got assesses the damage cause to the sugar cane crop and drip wire from the Assistant Director of Agriculture, Sindagi who submitted the report. The complainant number of times requested the Opposite Parties to give loss caused to the complainant. But, Opposite Parties did not response, hence complainant issued legal notice to Opposite Parties on 26.12.2013 though notice served upon the Opposite Parties, Opposite Parties neither comply the notice no reply. Hence, complainant constrained to file this complaint for necessary reliefs.
3. After receipt of notice from the Hon'ble Forum Opposite Party No.1 & 2 appeared through advocate and filed their objections to complaint. The Opposite Party No.3 and Opposite Party No.4 have not appeared, hence placed exparte.
4. The Opposite Parties Nos.1 and 2 submits that fire was broken down from other reason which is not from electrocution. The Opposite Parties stated that complainant filed false complaint before the Police with delay of 10 days and Police officials not done Panchanama in the presence of Opposite Parties. The electrical inspector or Deputy electrical Inspector appointed by the Govt. is the proper persons to say that the alleged incident was due to electrocution. The claim of complainant Rs.9,03,000/- is totally imaginary unreasonable and exorbitant, hence Opposite Parties prayed for dismiss the complaint with cost.
5. After trial, the District Consumer Commission, Vijayapura has allowed the complaint in part.
6. Being aggrieved by the said order, the appellants/Opposite Parties have preferred this appeal on various grounds.
7. Heard the arguments.
8. Perused the appeal memo, certified copy of the order passed by the District Consumer Commission, we noticed that it is not in dispute that the respondent is the owner of agricultural land bearing R.S. No.171/1B measuring 13 acres 38 guntas and another land bearing R.S. No.172 measuring 4 acres of Chikkarugi village and the said lands were irrigated. It is also an admitted fact that, the respondent has obtained the electricity connection from appellants to his lands. It is also an admitted fact that the sugarcane crop was grown by the respondent in his eight acres of lands was burn on 9-4-2013 and drip wire also burn.
9. However the contention of the appellants in their appeal memo is that the fire was not occurred due to short circuit in electrical wires in the land of respondent, but it was burnt due to the other reason. Moreover, there were delay of 10 days to file the false complaint before the police and the police officers are not proper person to say that the alleged fire incident is occurred due to electrocution. The electrical inspector or Deputy Electrical Inspector appointed by the Government is the proper persons to say that the alleged incident was due to electrocution and without noticing this fact the District Consumer Commission has allowed the complaint.
10. Perused the certified copy of the order passed by the District Consumer Commission, we noticed that the respondent has produced the documents Exs.C1 to C5, C7, C8, C11 and C12 to prove that the fire incident was due to the electrocutions. Per contra, the appellants are not produced a single documents to prove that the said incident was occurred due to other reasons. Moreover, the respondent has produced Ex.C11 report of the official of the appellants who had made suspects that sugarcane crop burnt due to electrocution. In the course of arguments, the counsel for appellants submitted that if any accident occurs by electrocution and loss/injury suffered such person shall give notice of the occurrence and any such loss or injury. As per Section 161 of Electricity Act, the respondent has noticed within time to electrical inspector or such other persons. In the present case, the respondent has produced documents and also after incident, he has intimated to the police officials, and the police officials done the panchanama and taken statements of neighboring land owners which is sufficient to prove that sugarcane crop in the land of respondent was burnt due to electrocution. Moreover as per Ex.C11 the officials of Opposite Parties also admitted suspect that the sugarcane crop burnt due to short circuit. It is the case of respondent is that, he has intimated to the Appellant's about wires in his land which are not in proper way and wires dangerous to the crop, the other land neighbors also request to the Appellant's to makes spot inspection in this regard but the Appellants/Opposite Parties have not taken proper steps. Hence, in our opinion it is negligence of the appellants which had not attended to the maintenance of the hanging electrical wires which were shaking. Might be these wires due to wind contacted with each other as resulted into fire and fall on sugarcane crop and caused the damages to the crop. A mere objection to the allegations of respondent in District Consumer Commission and mere contention in the appeal memo does not hold water without any cogent evidence. As per the documents produced by the respondent, the fire incident has taken place due to electrocution and appellants cannot escape their responsibility from compensating to the respondent for damages suffered by fire incident.
11. Hence, considering the facts and discussion made here, we are of the opinion that the order passed by the District Consumer Commission relying on Ex-C7 and loss assessed by the Circle Devar Hipparagi dated 12-4-2013 it is just and proper. No interference is required. Accordingly, we proceed to pass the following:-
O R D E R The appeal is hereby dismissed. No order as to costs.
The amount in deposit shall be transmitted to the concerned District Consumer Commission to pay the same to the complainant.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
Lady Member Judicial Member [HON'BLE MR. Ravishankar] PRESIDING MEMBER [HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi] MEMBER