CHANDRAKALA BHAUSAHEB KOHOK Vs. EXECUTIVE ENGINEER, MAHARASHTRA STATE ELECTRICAL DISTRIBUTION COMPANY LIMITED

JUDGEMENT

(1.) These Revision Petitions under Sec. 21 (b) of the Consumer Protection Act, 1986 (in short, 'The Act') assail the order dtd. 5/5/2016 passed by State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Aurangabad (in short, 'State Commission) in First Appeals No. 302/2015, 613/2015 and 303/2015. As the facts of the case are similar and the appeal is against the same order, for the sake of convenience, the facts are taken from R.P. No. 2497 of 2016.

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(3.) The brief facts of the case, as stated by the petitioner, are that he is an agriculturist owing 3 acres of irrigated land in Gut No. 59/2B in Village Gogalgaon, Tq. Newasa, Dist. Ahmadnagar. The petitioner has been cultivating sugarcane and supplying the same to the Ganga Mai Sugar Factory, District Ahmadnagar. The land is irrigated by a pump in a well located on his land which also supplies water to the adjoining lands of members of his joint family, who were petitioners in R.P. Nos. 2479/2016 and 2480 of 2016. The petitioner has stated that during the agriculture season of 2014-15, he had incurred an expenditure of Rs.2,83,950.00 in cultivating the sugarcane crop which was valued at Rs.8,59,950.00 for an expected yield on 240 tons at the-then prevailing rate of Rs.2,400.00 per ton. However, on 15/10/2014, at around 3.30 p.m., the electric wires of the Low Tension (LT) line of the respondent (MSEDCL) which passed about 8 to 9 feet above his land came in contact with each other due to strong wind causing sparks due to short circuit which resulted in the crop of sugarcane catching fire and spreading to the adjoining fields. The local Revenue authority (Tahsildar, Newasa) was informed and an FIR lodged at the local police station which registered the FIR as an accidental fire case no. 14/2014. The Electrical Inspector of the respondent also visited the spot and submitted a report dtd. 13/11/2014 as per which it was concluded that the fire was due to short circuit on account of LT wires coming into contact with each other and resulting in sparks falling on the crops leading to fire which was spread by strong wind. As the pump in the well located on the land of the petitioner is energized by the opposite party, and he had been complaining to the opposite party to rectify the loose LT wires, the petitioner filed a consumer complaint no. 522 of 2014 before the District Forum seeking to be compensated for the loss incurred since the sugarcane crop was not accepted by the sugar factory.