State Consumer Disputes Redressal Commission
Uhbvnl vs Roshan Lal on 2 August, 2010
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.859 of 2010 Date of Institution:14.06.2010 Date of Decision:02.08.2010 S.D.O. OP Sub Division, UHBVNL, Sadhaura, Tehsil Jagadhari, District Yamuna Nagar. Appellant. Versus. Roshan lal s/o Sh. Ra Diya, r/o Village Paharipur, Post Office Sub Tehsil Sadhaura, Tehsil Jagadhri, District Yamuna Nagar. .Respondent Present:- None for the Appellant. BEFORE: Honble Mr. Justice R.S. Madan, President. Dr. Rekha Sharma, Member. Mr. Diwan Singh Chauhan, Member O R D E R
JUSTICE, R.S. MADAN, PRESIDENT:-
For the reasons stated in the application, delay of 44 days in filing the appeal is condoned.
By way of filing the present complaint before the District Forum, Yamuna Nagar, complainant has sought direction against the appellant/opposite parties for the payment of compensation for the death of his buffalo, which was died on 31.7.2007 due to electrocution on account of negligence of the opposite parties.
While disposing of the complaint of the complainant, the District Forum has taken into consideration the D.D.R. No.27 dated 1.8.2007, report of the postmortem conducted by the Veterinary Surgeon, Sadhaura, wherein he has mentioned the value of the deceased buffalo as Rs.30,000/-. All these documents have well proved the death of the buffalo of the complainant on account of electrocution, hence holding the opposite parties as negligent and deficient in service, accept the complaint and issued the following directions:-
We allow the complaint of the complainant and direct the respondents to pay a sum of Rs.30,000/- along with interest at the rate of 9% per annum after three months of the death of buffalo to till its realization and pay Rs.2200/- as litigation expenses.
Aggrieved by the order passed by the District Forum, Yamuna Nagar, appellant/opposite parties have filed the present appeal before this Commission.
We have gone though the impugned order and taken into consideration the facts and circumstances of the case as well as case law settled in cases titled CGM P&O NDPCI and others Vs. Koppu Duddarajam and another reported in IV (2008) CPJ, 139 (NC) and case titled Rajasthan State Electricity Board Vs. Charan Singh reported in 1999(1) CPC 241 (SC), wherein liability to pay the compensation amount of the board was confirmed for the death of the buffalo due to electrocution.
The ratio of the above said case supra are fully application to the facts and circumstances of this case. Since the complainant has well proved the death of his buffalo due to electrocution on 31.7.2007 on account of deficiency in service rendered by the Nigam, we, therefore, feel that District Forum was justified in accepting the complaint and issuing the directions as notice above in its impugned order, which does not call for any interference by us.
No merit. Dismissed in limini.
The statutory amount of Rs.20038/- deposited by the appellant at the time of filing of the appeal is ordered to be released to the appellant after proper receipt, identification and verification.
2nd August, 2010 Justice R.S. Madan.
President.
Dr. Rekha Sharma, Member Diwan Singh Chauhan, Member