State Consumer Disputes Redressal Commission
Smt. Laxmi Devi & Other vs D.V.V.N. Ltd. on 10 July, 2023
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 Complaint Case No. CC/167/2019 ( Date of Filing : 06 Jun 2019 ) 1. Smt. Laxmi Devi & Other Mahoba Mahoba UP ...........Complainant(s) Versus 1. D.V.V.N. Ltd. Mahoba Mahoba UP ............Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE ASHOK KUMAR PRESIDENT PRESENT: Dated : 10 Jul 2023 Final Order / Judgement
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW Smt. Laxmi Devi & Another Vs Dakshinanchal Vidyut Vitran Nigam Ltd.
10-07-2023 BY MR. JUSTICE ASHOK KUMAR, PRESIDENT ORDER Heard Sri Sushil Kumar Sharma, learned Counsel for the complainants.
Heard Sri Isar Husain, learned Counsel for the opposite party.
This complaint has been filed by the complainants for the following reliefs :-
"1. Direct the opposite party to give compensation of Rs. 19,50,000/- to the complainants along with interest @ 18% per annum from the date of death of Late Sri Balendra Singh i.e. 29-12-2013.
2. direct the opposite party to make payment to the complainants towards mental and physical anguish and cost of the case.
3. Grant any other relief which this Hon'ble Court deems fit and proper in the circumstances of the case, interest of justice.
The brief facts of the complaint are that, that the husband of complainant no. 1 and father of complainant no.2 late Balendra Singh after getting loan from UP Khadi Gram Udyog Board installed an Ata Chakki in his premises from which he had taken an electricity connection no. 027118 with load of 6.66 KW. The bills of the aforesaid connection were -2- regularly deposited by the deceased and after his death his heirs are depositing the bills continuously. It is relevant to submit that the opposite party does the maintenance work of electricity supply to the village Barbai. The old wires and other electricity equipment of village Barbai were in very poor conditions.
Late Balendra Singh died on 29-12-2013 around 9:00 P.M. due to high voltage current, which started running through old and damage wires from pole to meter of his Ata Chakki. The wire started burning due to high voltage and consequently current started flowing in Ata Chakki. It is further submitted that as soon as the deceased tried to reach the changeover in order to stop the supply, the burning wires stretched from the pole to meter fell upon the deceased on account of which, the deceased came into contact with high voltage current. The complainant no. 1 took him to District Hospital but Doctor declared him death. Information of this incident was given to police station-Mahoba on 29-12-2013, who prepared Punchnama and Postmortem of the deceased was done on 30-12-2013. The deceased Balendra Singh was a young man of about 38 years of age and used to earn collectively through Ata Chakki and Agriculture Rs. 3,50,000/- annually. He was the sole bread earner of the family. It is further stated that the deceased Balendra Singh died due to gross negligence of the opposite party. If the opposite party would had property checked and replace the old and damage electricity wires and equipment then perhaps he would have been alive. It is further alleged that the deceased was the consumer of the opposite party and was regularly paying electricity bills and after his death his legal heirs are paying the electricity bill but the opposite party never came to see the condition of electricity line and damaged wire and equipment in the village and at his atta chakki and when high -3- voltage ran in the line the line started burning and fell upon the deceased breaking from the meter side due to which he received serious injuries and died. The opposite party has committed gross deficiency in service by not maintaining properly the old and damaged electricity lines and equipments of village Barbai resulting in the death of Late Balendra Singh. Therefore opposite party is liable for paying compensation as mentioned hereinabove.
The opposite party has filed written statement stating therein that the complaint is time barred. The accident took place on 29-12-2013 while the complaint case No. 150/2014 was filed in the year 2014 in the District Consumer Commission, Mahoba who dismissed the complaint. Thereafter the complainant has filed the complaint before this Hon'ble Commission on 06-06-2019. The explanation for condonation of delay in filing the complaint is without any supporting documents therefore the complaint deserves to be dismissed on the ground of delay alone.
The allegations of the complainant that the alleged accident caused only due to defective wires of the poles sudden fallen on the deceased while the Assistant Engineer has filed a detailed report before the Forum that no such wires is defective and no meter is defective and the same are intact on physical verification of the site. The complainant has filed the complaint with suppression of material facts and the allegations contained in the complaint are not supported with any documentary evidence hence the complaint is liable to be dismissed.
The complainant has filed her affidavit, copies of electricity bill, death certificate, FIR, Postmortem report, parivar register and other documents.
I have heard the learned counsel for the parties and perused the entire records.-4-
As far as the delay in filing of this complaint is concerned, the delay is condoned vide order dated 21-11-2019.
The learned counsel for the complainant has relied upon the verdict given by the Hon'ble National Commission in Dakshini Haryana Bijli Vitran Nigam Ltd. & Anr. Vs Parmila Devi & Others, 2013 2 CPR (NC) 184, wherein the Hon'ble National Commission after considering the respondent consumer upheld the decision of the Learned State Commission, who awarded the complainant Rs.8,18,000/- as compensation. The facts and circumstances of the instant complaint are fully covered with the case decided by the Hon'ble National Commission.
Counsel for the opposite party has prayed that the compensation should not be more than over and above Rs. 5,00,000/- whereas seeing the fact and circumstances of the case and particularly the liability of the complainant that she is looking after her two minor children. I find it appropriate to award sum of Rs. 10,00,000/-.
ORDER The complaint is allowed. The opposite party is directed to pay Rs. 10,00,000/- as compensation and Rs. 10,000/- as cost of Litigation to the complainants within two months from the date of this judgment, failing which, the opposite party will pay interest @ 12% on the aforesaid amount from the date of institution of the complaint till the actual payment.
The Stenographer is requested to upload this order on the website of this Commission at the earliest Let copy of this order be made available to the parties as per rules.
(JUSTICE ASHOK KUMAR) PRESIDENT Ashish Court No.1 [HON'BLE MR. JUSTICE ASHOK KUMAR] PRESIDENT