MAHARASHTRA STATE ELECTRICITY BOARD Vs. KISANRAO RAMBHAUJU PULATE

JUDGEMENT

(1.) THIS is an appeal against the order of District Forum, Yavatmal dated 9-7-1993 passed in Appeal No. 242 of 1992. THIS is a complaint filed by a flour mill owner at Devkarla in Pusad Taluka of Yavatmal District. He alleged in his complaint that the electrical installation errected by the opposite party to supply the electric line to complainant to his flour mill was not being maintained properly. The complainant alleged that srnoke used to be eminating from the installation and the transformer through which electricity line was given was overloaded. The complainant alleged that he made several complaints to the M.S.E.B. officials to maintain the line in proper condition but no care was taken and finally on 2-11-1991 due to short circuit fire broke out in his flour mill and it was reduced to ashes. The District Forum reached the finding of facts that there was deficiency in the service of the M.S.E.B. in not maintaining the electrical installations in proper condition. The complainant, therefore, alleged that he suffered the loss of his flour mill as well as was out of business and claimed the compensation. By the impugned order, the District Forum, ordered the payment of Rs. 39,935/- towards the compensation to the complainant and Rs. 5,000/- on account of mental agony and loss of business and also the costs.

(2.) WE have heard Shri Panchal, advocate for the appellant and Shri Sawant, advocate for the respondent. After hearing the learned advocate for the appellant, we do not find any infirmity in the findings of facts reached by the District Forum. The facts alleged in the complaint have been properly proved by the complainant. The facts clearly proved that the electrical installation through which the electric line was being supplied to complainant was not maintained in proper condition as a result of which the incident of flour mill fire occured and the complainants flour mill has been totally destroyed. In view of this finding of fact, we do not find that there is no substance in this appeal and hence, we dismiss this appeal. Appeal dismissed.