HARYANA STATE ELECTRICITY BOARD Vs. RATTAN LAL

JUDGEMENT

(1.) HARYANA State Electricity Board (Board) is aggrieved by the order of the HARYANA State Consumer Disputes Redressal Commission dismissing its appeal against the order of the District Forum on a complaint filed by the respondent. District Forum had allowed the complaint and had directed the petitioner to pay Rs. 10,000/- as compensation on account of his hut having caught fire and injury suffered by his cattle due to spark given by a live wire of the Board passing over his hut. It is also alleged that the fire also caused burn injuries to two buffalos, one cow and two calves and damage to the household goods of the complainant. Holding deficiency in service District Forum allowed the complaint and as noted above awarded Rs. 10,000/- as compensation. Aggrieved Board went in appeal before the State Commission which upheld the order of the District Forum.

(2.) WE are of the view that approach both of the District Forum and State Commission was not correct and in fact against the law. It may be that spark from the live electricity wire caused damage to the complainant but there was no question of deficiency in service as it was not the case either of the parties that electricity was being supplied by the Board to the hut of the complainant. It would appear it was the complainant who constructed his hut when live electricity wires were already passing to that area. Board may be guilty of any tortuous act but it certainly cannot be complaint of any deficiency in service. Complainant could not be said to be a consumer. WE, therefore, set aside the orders of the District Forum and the State Commission and dismiss the complaint. Accordingly, this revision petition is allowed. There will be no order as to cost. Revision Petition allowed.