GANGA PATIL Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Since both these revision petitions have been filed by the petitioners against a common order passed on 7th December, 2011 by the Karnataka State Consumer Disputes Redressal Commission, Bangalore ('State Commission' for short) by which the State Commission had dismissed the two appeals filed by the two petitioners, these petitions are being taken up together and disposed of by this common order.

(2.) The factual matrix of the two cases which have similar facts are like this. Petitioner in R.P. No.1348/2012, Ganga Patil, had a pair of bullocks being used by him as an agriculturist. Through his servant he sent the bullocks for grazing. On 3.10.2004, while passing through the village path at about 11.00 a.m., the bullocks got electrocuted due to the fall of live electric wire and died on the spot. Immediately a complaint was lodged with the police which conducted Mahazar and post-mortem. Alleging deficiency in service on the part of the respondents, the petitioner filed a consumer complaint with the District Forum Gulbarga. In the other revision petition No.1349/2012 also similar incident took place with the bullocks of the other petitioner who were being taken for grazing by the servant of the petitioner. He too sustained the loss on account of the electrocution incident which caused the death of his bullocks. He lodged another similar complaint with the District Forum.

(3.) On notice, the OPs filed their written statement in which it was contended that the incident had occurred due to the carelessness and negligence of the complainants. It was further contended that the complainants are not consumers as defined under the Consumer Protection Act and as such there was no relationship between the complainants and the respondents. Since the claim made by the complainants was exorbitant, the respondents, in all fairness, settled the compensation for Rs.5,000/- in complaint filed by petitioner in R.P. No.1348/2012 and for Rs.2,000/- in the other revision petition. Both the petitioners/complainants received the said compensation without any protest. It was claimed that the compensation was towards full and final settlement. Accordingly, the respondents/OPs prayed for dismissal of the complaints. The District Forum vide its two separate orders in the two complaints passed on 31.3.2011 accepted the two complaints. In the complaint filed by the first petitioner, Ganga Patil, the opposite parties/respondents were jointly and severally directed to pay a sum of Rs.55,000/- to the complainant together with interest @ 9% p.a. from the date of filing of the complaint towards loss on account of death of the bullocks and they were also held liable to pay a sum of Rs.10,000/- towards compensation for mental agony alongwith cost of Rs.2,000/- In the other complaint, the District Forum ordered the opposite parties/respondents to jointly and severally pay a sum of Rs.28,000/- to the complainant together with interest @ 9% p.a. from the date of filing of the complaint till realization towards the loss on account of death of the bullocks besides awarding a compensation of Rs.10,000/- for mental agony and Rs.2,000/- by way of cost of the proceedings. Aggrieved by these orders passed by the District Forum, the petitioner/complainants filed appeals before the State Commission for enhancement of the compensation requesting for compensation of more than Rs.19 Lakhs. The State Commission vide its common impugned order, dismissed the two appeals. In these circumstances, the two petitioners have filed the present revision petitions reiterating their request for enhancement of the compensation.