LAWS(NCD)-1994-10-80

MAHARASHTRA STATE ELECTRICITY BOARD Vs. KISANRAO RAMBHAUJU PULATE

Decided On October 31, 1994
MAHARASHTRA STATE ELECTRICITY BOARD Appellant
V/S
KISANRAO RAMBHAUJU PULATE Respondents

JUDGEMENT

(1.) This is an appeal against the order of District Forum, Yavatmal dated 9.7.93 passed in Appeal No.242/92. This is a complaint filed by a flour mill owner at Devkarla in Pusad Taluka of Yavatmal District. He alleged in his complaint that he electrical installation errected by the opposite party to supply the electric line to complainant to his flour mill was not being maintained properly. The complainant alleged that smoker used to be eminating from the installation and the transformer through which the electricity line was given was overloaded. The complainant alleged that he made several complaints to the M. S. E. B. officials to maintain the line in proper condition but no care was taken and finally on 2.11.91 due to short circuit line broke out in his flour mill and it was reduced to ashes. The District Forum reached the finding of facts that there was deficiency in service of the M. S. E. B. in not maintaining the electrical installations in proper condition. The complainant, therefore, alleged that he suffered the loss of his flour mill as well as was out of business and claimed the compensation. By the impugned order, the District Forum ordered the payment of Rs.39,935/- towards the compensation to the complainant and Rs.5000/- on account of mental agony and loss of business and also the costs.

(2.) We have heard Shri Panchal, Advocate for the appellant and Shri Sawant, Advocate for the respondent. After hearing the learned Advocate for the appellant, we do not find any infirmity in the findings of facts reached by the District Forum. The facts alleged in the complainant have been properly proved by the complainant. The facts clearly proved that the electrical installation through which the electric line was being supplied to complainant was not maintained in proper condition as a result of which the incident of flour mill fire occurred and the complainant's flour mill has been totally destroyed. In view of this finding of fact, we do not find that there is no substance in this appeal and hence, we dismiss this appeal.