SUB-DIVISIONAL OFFICER (OP), DHBVNL Vs. MAKTOOL SINGH

JUDGEMENT

(1.) THE appellant -opposite party has filed the present appeal against the order dated 15.2.2001 passed by District Forum, Gurgaon in Complaint Case No. 808 of 1999 filed by the complainant, whereby the complainant was awarded Rs. 12,000/ - as price of the buffalo and Rs. 1,000/ - for mental agony and harassment along with interest @ 12% per annum from the date of filing of the complaint till its realisation.

(2.) THE facts as can be gathered from the record are that on 1.10.1999 the complainant took the buffalo for grazing in the jungle located at village Budhera. An electric pole is located inside Abadi near the houses of Suraj Parkash and Lala Ram. The buffalo got electrocuted when she touched with the electric pole and died at the spot. According to the assertion of the complainant, the buffalo was pregnant having worth of Rs. 16,000/ -. An intimation about the death of the buffalo was given to the office of the appellant and a demand of Rs. 16,000/ - was made on that account, but no heed was paid to the demand raised. Forced by these circumstances, the complainant invoked the jurisdiction of the District Forum.

(3.) THE opposite parties in its reply while controverting the stand of the complainant pleaded that the complainant is not a consumer and for that reason denied its liability to pay the amount claimed in the complaint.