PSEB & ANR Vs. BUDHA MAL

JUDGEMENT

(1.) THE appellant has filed an appeal against the orders dated 2.9.2002 passed by the District Consumer Disputes Redressal Forum, Gurdaspur (in short "District Forum").

(2.) THE brief facts of the case are that respondent was owner of 14 Killas of land in village Bhoa. He was a consumer under the opposite party because he had obtained an electric connection to his tubewell for the purpose of irrigation. Electricity to his tubewell was supplied from a transformer situated in neighbourer's land. Wires and joint connections of the transformer were loose. This fact was brought to the notice of the officials of the appellant several times. On 26.4.2000 wheat crop of the respondent was standing in his fields. Due to sparking in live loose wires of the opposite party, there was a spark flash, which caused fire to wheat crop standing in his fields Wheat crop of the respondent in an area of Rect. No. 30 Killa No. 20/1, 19, 18/2, 21/3, 22, 23, Rect. No. 35 Killa No 3/1, and 2/1 caught fire and were destroyed. Respondent pleaded that he suffered a loss of Rs. 60,000 in this way. He made several written requests to the appellants to make the payment of compensation of Rs. 60,000. Appellants failed to make payment of compensation. Hence, he filed present complaint and prayed that compensation amounting to Rs. 60,000 be granted in his favour for damages to the wheat crop along with interest @ 18% per annum. They also be allowed a sum of Rs. 10,000 as litigation expenses.

(3.) APPELLANTS in its reply admitted that respondent was owner of agricultural land. It was, however, denied for want of knowledge that he owned 14 Killas of land. It was admitted that respondent was consumer of the appellants having tubewell connection bearing A/c No. 9/773. It was also admitted that 100 KVA transformer was installed which supplied electricity to the fields of the respondent along with other consumers. It was however denied that wires were loose and this fact was brought to the notice of the appellants several times. It was also denied that there was a spark in the wires of the transformer or due to this reason wheat crop caught fire. It was also denied that wheat crop of the respondent to the extent of 5 Killas was damaged. It was also denied that complainant ever approached appellants for payment of compensation amounting to Rs. 60,000. It was specifically stated that he never filed any such application with the appellants. It was stated that there was no merit in the complaint and it was liable to be dismissed. The District Forum has passed a reasonable order after appreciating the following evidences as well as the arguments put forth by the both Counsel whose discussions are summed up in following points: