State Consumer Disputes Redressal Commission
Onkardas S/O Laxmanprasad Tandan, vs Maharashtra State Electric ... on 5 April, 2011
1 F.A.No.:106/2010
Date of filing :15.02.2010
Date of order :05.04.2011
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.
FIRST APPEAL NO. :106 OF 2010
IN COMPLAINT CASE NO.:161 OF 2009
DISTRICT CONSUMER FORUM :JALNA.
Onkardas S/o Laxmanprasad Tandan,
R/o Ganpati Galli,Old Jalna,
Dist.Jalna. ...APPELLANT
(Org.Complainant )
VERSUS
1. Executive Engineer,
Maharashtra State Electric Distribution
Co.Ltd., Mastgad, Jalna.
2. Dy. Executive Engineer,
Maharashtra State Electric Distribution
Company Mastgad, Jalna. ...RESPONDENTS
(Org.Opponents)
CORAM : Shri.S.G.Deshmukh, Hon`ble Presiding Judicial Member.
Mrs.Uma S.Bora, Hon`ble Member.
Mr.K.B.Gawali, Hon`ble Member.
Present : Adv.Shri.Rahul Joshi for appellant, None for respondents.
O R A L O R D E R Per Shri.S.G.Deshmukh, Hon`ble Presiding Judicial Member.
1. The present appeal is filed by original complainant against the judgment and order dated 15.01.2010 in complaint case No. 161/2009 passed by District Consumer Forum, Jalna.
2. Appellant/Org.Complainant`s case before the Forum is that, he had taken electric supply from opponent. It is alleged that on 16.5.2008 at about 2.00 to 2.30 a.m. the same defect occurred in the service wire because of voltage and thus wire was burst. There was 2 F.A.No.:106/2010 short circuit. Meter was completely burnt. Complainant`s Hero- Honda motor-cycle which was parked in the Varanda was burnt because of short circuit. It is alleged that door, window, sofa set, T.V. cooler, fan, electric motor etc. were burnt. Cash of Rs.10,000/- was also burnt. It is further contended that fire brigade and police were informed. Fire was extinguished by fire brigade. Fire brigade gave report that fire might have taken place because of short circuit. Thus complainant approached before the Forum for damages of Rs.3,04,105/-.
3. Respondent appeared before the Forum and resisted the claim. They have denied that fire was due to short circuit and due to short circuit service wire was burnt. According to them service wire from pole was in good condition. There was no defect in the service wire. It is also alleged that son of complainant had filed complaint before the Forum bearing No.61/08 against them on the same ground which was dismissed on 24.9.2008. It is alleged that when complainant`s son has filed the complaint which was dismissed, complainant is not entitled to file fresh complaint on the same cause of action. It is alleged that this fact is suppressed by the complainant from the Forum.
4. The Forum below after going through the papers and hearing the parties dismissed the complaint.
5. Being aggrieved by the said judgment and order passed by the District Forum, Jalna, Org.Complainant came in appeal.
6. Notices were issued to the respondents. Learned counsel Shri.S.P.Brahme had appeared on behalf of respondents. Today on the date of admission hearing none appeared on behalf of respondents. We heard learned counsel Shri.Rahul Joshi for appellant. Forum did not consider the panchanama drawn by police to 3 F.A.No.:106/2010 show that fire was due to short circuit caused due to fluctuations in the voltage. He submitted that Forum ought to have considered fire brigade`s report which shows that fire is because of negligence on the part of respondents. According to him earlier complaint filed by complainant`s son was dismissed on the basis of technical ground.
7. We perused the papers. On perusal of papers, it reveals that Shri.Bipin Onkarprasad Tandan son of present complainant had filed complaint bearing No.61/08 for damages on same cause of action. It also reveals that the said complaint has been dismissed by the Forum vide judgment and order dated 24.09.2008. It is to be noted that earlier complaint filed by son of complainant and it is dismissed has been suppressed by complainant though plea taken by respondents in written version. The complainant did not come with clean hand. Complainant ought to have mentioned about earlier complaint which has been dismissed on the technical ground though respondent has taken defence in written version. Complainant did not utter single word about earlier complaint which has been filed by his son on the same cause of action and which has been dismissed by the Forum. It also be noted that there is absolutely no evidence to show that short circuit was caused due to negligence of respondents i.e. due to fluctuations of the voltage. Fire brigade`s report does not indicate that because of fluctuations of voltage there was short circuit. It was necessary for the complainant to inform to respondent and ask them to make enquiry about the incident. It appears that complainant simply filed the application before respondent for change of meter. Application in question is not for fire taken place due to negligence of respondents but it is for replacement of meter. In that respect enquiry was required to be conducted. There is absolutely no evidence to show that short circuit is due to negligence of respondents. Learned counsel tried to relied on ratio in 'Haryana State Electricity Board & Anr. -Vs- Anand Medicos & Anr.' reported in III(2003) CPJ 175(NC). In that case there was evidence to show that short circuit has taken 4 F.A.No.:106/2010 place due to high voltage. Thus the said ratio is not helpful to the present appellant. We have mentioned that appellant did not disclose about earlier complaint which has been filed by his son and which has been dismissed by Forum. Forum has rightly considered these aspects and rightly dismissed the complaint. We are not inclined to interfere the order passed by the Forum. We pass the following order.
O R D E R
1. Appeal is dismissed summarily.
2. No order as to cost.
3. Pronounced and dictated in the open court.
4. Copies of the judgment be issued to both the parties.
K.B.Gawali, Mrs.Uma S.Bora S.G.Deshmukh Member Member Presiding Judicial Member. Mane