(1.) The Revision Petition arises out of the order of the State ommission, U.P. in Appeal No. 528/SC/1992 which in turn upheld the order of the District Forum. The brief facts of the case are as under :
(2.) The complainant Shri Kamla Prasad Tiwari is a petitioner before us. His complaint before the District Forum, Faizabad in Complaint No. 142/1991 praying for relief of Rs. 82,000/- for the loss done to him due to non-supply of electricity to his fields. It is his case that he took an electric connection to his agricultural fields from the opposite party, Junior Engineer, Gosaiganj Power Station in June, 1976. On 1.2.1990 the power supply was interrupted as one of the electrical poles fell down and the said fact was brought to the notice of the Electricity Authorities. Since no action has been taken by the opposite parties, from 1st February, 1990 till 11.8.1990 in spite of repeated complaints to various authorities, the complainant approached the District Forum.
(3.) Before the District Forum opposite parties contested that all the 48 poles supplying electricity fell down simultaneously due to hail storm and that 30 out of 48 wooden poles were installed in the lake waters. In this connection, the District Forum held that it was not possible that all the 48 poles would get broken even if they were in water, and it is possible when Electricity Department is negligent in maintenance. The District Forum while placing the investigation report of Shri R.P. Duvedi, SDO-1 also disbelieved the contention of Junior Engineer that the poles and supply line maintenance was not within his territorial jurisdiction. In this connection the District Forum held that the investigation report of Shri R.P. Duvedi was neither reverted by the opposite parties nor any objection thereto was taken in reply.