ONKARDAS Vs. MAHARASHTRA STATE ELECTRIC DISTRIBUTION CO LTD

JUDGEMENT

(1.) THE present appeal is filed by original complainant against the judgment and order dated 15.1.2010 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 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.