SAJJAN SACHDEVA Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Two cross First Appeals No.371/2007 & 419/2007 have been filed by Sajjan Sachdeva (minor) who was the complainant before the State Commission, and Punjab Mandi Board respectively being aggrieved by the order of the State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as the State Commission ) in Complaint No.3/2005. Since the facts and the parties involved in both Appeals are the same, it is proposed to dispose of these cases by a common order by taking the facts from First Appeal No.419 of 2007 wherein Punjab Mandi Board is the Appellant.

(2.) The Appellant/Mandi Board had set-up a New Sabzi Mandi at Jalandhar and the late father of the Respondent had purchased Plot No.87 in open auction. A 11 K.V. high tension wire was passing over a number of plots including that of the late father of the Respondent. After the construction was completed, the high tension wire was barely 3 ft. above the shops and was therefore, a public safety hazard. Appellant and Punjab State Electricity Board (who were Opposite Parties before the State Commission) assured that the high tension wire will be removed but nothing was done for a long period of 5 years after which the Punjab State Electricity Board prepared an estimate for shifting the high tension wire and forwarded the same to the Appellant/Board. The Appellant/Board vide cheque dated 12.02.1999 deposited the required amount of Rs.3,54,700/- with the Punjab State Electricity Board for shifting the high tension wire. Another Rs.1,700/- were deposited vide receipt dated 16.02.1999 by the District Mandi Officer with a request to the Punjab State Electricity Board to shift the high tension wire immediately. However, Punjab State Electricity Board did not act on this request. On 03.03.2002, Respondent had gone to the roof of his father s shop to play and came in contact with the said high tension wire resulting in sparking because of which, Respondent s clothes caught fire and he fell on the dry grass on the roof which also started burning. Respondent was immediately rushed to Sacred Heart Hospital and thereafter to Pasricha Hospital, Jalandhar with major third degree burns of the torso and both arms both legs following the electric shock. Respondent s both legs and two fingers had to be amputated since gangrene had developed because of which Respondent has become disabled for life. Being aggrieved Respondents filed a complaint before the State Commission on grounds of deficiency in service against Appellant/Mandi Board as also the Punjab Electricity Board and three other officers seeking Rs.3,37,040/- towards the medical expenditure incurred, Rs.40 lakhs for the loss of limbs and Rs.10 lakhs towards mental agony and the trauma suffered.

(3.) On being served, Appellant/Mandi Board filed written submissions in which it was stated that it was not guilty of deficiency in service because as admitted by the Respondent himself, the Appellant/Board had all along been approaching the Punjab Electricity Board to shift the high tension wire and as soon as the required estimate was made available by the Punjab Electricity Board, Appellant/Mandi Board immediately paid the requisite amount of Rs.3,54,700/- and again repeatedly requested the Electricity Board to shift the wire which it did not do. Therefore, the deficiency in service if any was on the part of the Punjab State Electricity Board. It was also contended that an inquiry conducted by the Chief Engineer of the Punjab State Electricity Board confirmed that there was avoidable and inordinate delay in shifting the high tension wire which was a public safety hazards and there was violation of Rs.29 of the Indian Electricity Rules, 1956 by the Electricity Board. No reply or affidavit by way of evidence was filed by the Punjab State Electricity Board before the State Commission.