State Consumer Disputes Redressal Commission
Gurupadayya S/O Rachayya Hiremath vs The Executive Engineer 0 And M on 6 February, 2023
1
Appeal No.1709/2022
Date of filing: 18.08.2022
Date of disposal: 06.02.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 06.02.2023
PRESENT
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH : PRESIDENT
Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER
Mrs. DIVYASHREE M : LADY MEMBER
APPEAL NO.1709/2022
Sri.Gurupadayya,
S/o Rachayya Hiremath,
Aged about 35 years,
Occ: Agriculture,
R/o Desangi,
Taluk Jevaragi - 585310,
District Kalburagi. .....Appellant/s
(Advocate - Sri.R.R Hiremath)
V/s
1) The Executive Engineer (O & M)
Division No.2, GESCOM,
Old Jevaragi Road,
Kalburgi - 585102.
2) The Assistant Executive Engineer,
GESCOM, Jevaragi,
Kalburgi - 585310. .....Respondent/s
(Advocate - Sri.Prashant T Pandit)
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Appeal No.1709/2022
ORDER
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT This is an Appeal filed U/s.41 of C.P Act, 2019 by the complainant in CC No.87/2014 on the file of District Consumer Disputes Redressal Commission, Kalaburagi aggrieved by the order dated 30.12.2021.
2. The brief facts of the case before the District Commission are, complainant is the owner of land bearing survey No.142/5 measuring 10 acres 10 guntas situated at Ranjangi Village, Jevaragi Taluk, Gulbarga District and he having electrical supply vide RR No.DSN/IP/5. Out of 10 acres 10 guntas he has grown sugar cane crop in the area of 08 acres in the year 2013-14. On 26.06.2014 at about 10.15 a.m, the complainant and others were feeding water to the sugarcane crop at that time the main electrical wires which were passing through land of the complainant came down and due to touching of each other, there was a spark and fire came out and entire sugarcane crop grown in the said 8 acres of land completely burnt. After noticing the fire, the complainant gave an information to the fire brigade station. Fire brigade officials visited spot at about 1.15 PM on 26.06.2014 and tried to extinguish the fire but they could not extinguish the fire since the fire was already spread over in the sugarcane crop of the complainant. On 26.06.2014 the complainant approached the Nelogi Police Station and filed the complaint. On the basis of the 3 Appeal No.1709/2022 complaint, the said police registered case in FA No.15/2014 and visited the spot on 27.06.2014 and conducted panchanama. The complainant submitted an application to Tahasildar on 26.06.2014. On 09.07.2014 the officials of Tahasildar came to the spot, inspected and conducted the spot panchanama and submitted the report to the Tahasildar. Even the complainant has filed application before the Assistant Agriculture officer of Nelogi on 26.06.2014. The said Assistant Agriculture officer has also visited the spot and conducted the panchanama and submitted the report. OPs have not compensated the complainant. The allegations of the complainant that, he suffered heavy loss due to the fire incident, hence he sought for compensation from the OPs.
3. The OPs in the version denied that the complainant is the owner and possession of land survey No.142/5 measuring 10 acres 10 guntas of Ranjanagi Village and also out of said land the complainant had grown sugarcane to the extent of 8 acres in the year 2013-14. Further OPs denies that due to loose wires came in contact and spark came out and the entire sugarcane crops came to be burnt. The complainant has not taken electricity connection bearing R.R No.DSN/IP/5 and getting the water through the said IP set to the said land. Hence the complaint is not maintainable either in law or on facts. Complainant is not a consumer and the OPs are not the service provider. The complainant has not approached the Commission with clean hands. The alleged IP set was belongs to one Rachayya S/o Sharanayya which was 4 Appeal No.1709/2022 sanctioned in the year 1985 in group IP set-3 to be installed in land survey No.92 of village Desanagi. The said RR number is standing in the name of Rachayya. The complainant has taken illegal connection without there being any permission or consent of the OPs and thereby the complainant has violated the rules of GESCOM. The LT line of OPs were passing over the land of complainant from Deshmane Transformer. The complainant has not given any information with regard to the alleged short circuit or alleged fire incident of 26.06.2014. If the wires were in loose condition as alleged by the complainant, the complainant could have intimated the fact of the situation of the said loose wires to the concerned KEB to set right the same, but not done so. There is no evidence regarding electric short circuit either cutting or snapping or falling of the live electrical wires on the sugarcane crop due to loose wire. The entire story of short circuit is created, bogus, false and without any materials. There is no any negligence or deficiency in service on the part of OPs. Hence OPs prayed to dismiss the complaint.
4. The District Commission after enquiring into the matter allowed the complaint in part and directed OPs.1 & 2 jointly and severally shall deposit a sum of Rs.2,88,000/- together with interest @ 9% per annum from 03.09.2014 till realization of the entire amount on or before 30.03.2022 before District Commission.
5 Appeal No.1709/20225. The Commission heard learned counsel on record for Appellant and Respondent. We also examined grounds of Appeal and impugned order.
6. It is not in dispute that complainant is the owner and in possession of land bearing survey No.142/5 measuring 10 acres 10 guntas situated in the village limits of Ranjangi, Jewargi Taluk, Gulbarga District. The complainant had grown sugarcane crop in the area of 8 acres out of the said land. On 26.06.2014 at about 10.45 am complainant and others while feeding water to the said crop, the main electrical wires which were passing through the said land came down and due to touching each other, there was a spark and fire came out. Hence the entire sugarcane crop grown in the said land completely burnt. Police complaint has also been filed to the jurisdictional police and police have visited the spot and conducted panchanama. Complainant submitted complaint to the Tahsildar, Jewargi and Agriculture Officer of Nelogi on 26.06.2014. But the OPs have denied in the version that on 26.06.2014 at 10.45 am due to loose wires came in contact and spark came out and the entire sugarcane crop burnt and contended that the complaint is not maintainable.
7. The observation of District Commission in para-20 of the impugned order wherein it is stated "the incident has taken place as claimed by the complainant and claim of the complainant has not been satisfied by the OPs since the incident has taken place 6 Appeal No.1709/2022 due to loose wires came in contact and sparkling came from the said loose wires and fell on the sugarcane crop, for that reason the sugarcane crop has burnt and thereby the OPs have shown negligence and deficiency in their service in maintaining the loose wires properly.
8. The complainant has not produced any documents before the District Commission to show that, what was the yield and rate of the sugarcane crop at the relevant time of incident. The District Commission approximately take the yield of the sugarcane crop for the year 2014-15 @ 30 Metric Ton per acre and awarded total sum Rs.2,88,000/- towards the loss sustained by the complainant for the portion of the sugarcane crop burnt by deducting 20% of the value of the said total loss assessed. In our view the complainant has suffered loss due to the negligence and deficiency in service on the part of OPs. In this context the complainant is entitled for compensation of Rs.50,000/- per acre. Hence under the facts and circumstances of the case impugned order requires to be modified with the following terms.
9. Appeal is allowed in part. The impugned order dated 30.12.2021 passed in CC No.87/2014 on the file of District Consumer Disputes Redressal Commission, Kalaburagi is hereby modified and directed Respondents/OPs to pay total compensation of Rs.4,00,000/- to the complainant with interest @ 6% p.a from 03.09.2014 till realization.
7 Appeal No.1709/202210. Provide copy of this order to the District Commission as well as parties to the appeal.
LADY MEMBER JUDICIAL MEMBER PRESIDENT vln*