HARYANA STATE ELECTRICITY BOARD Vs. GANGA DEVI

JUDGEMENT

(1.) HAVING regard to all the facts and circumstances of the case as appearing from the record we consider that the delay of four days in filing the Appeal before the State Commission ought to have been condoned by the State Commission and the Appeal should not have been dismissed on the ground of delay. The dismissal of the appeal on the ground of delay will, therefore, stand set aside.

(2.) WE have gone through the order passed by District Forum and in our opinion, it is clearly unsustainable in law. The grievance of the complainant was that a cow belonging to her had been electrocuted on account of its coming into contact with an electric post and hence the loss caused to her by reason of death of the cow should be made good by the Haryana State Electricity Board which was responsible for the supply of electricity in the area. In exactly similar circumstances in the case Haryana State Electricity Board v. Sher Singh, (R.P. No. 672/93 decided on 17.8.94) where a cow belonging to the complainant was killed as a result of electrocution by coming into contact with an electric wire, this Commission had considered the question as to whether the Electricity Board which was supplying electricity and had been maintaining the electric supply lines could be held responsible under the Consumer Protection Act for making good the loss caused to the complainant. The said question was answered in the negative holding that the grievance put forward by the complainant did not constitute a consumer dispute as defined in the Act because it was not a case of deficiency in service on the part of the Board in relation to the performance of any service to a consumer of electricity. The said dictum governs this case also and applying it to the present case we hold that the District Forum was clearly in error in allowing the complaint and awarding compensation to the complainant. The order of the District Forum is set aside and the complaint petition is dismissed on the ground that the dispute raised by the complainant is not one that can be adjudicated upon by the Consumer Forum. The parties will bear their respective costs. Order of District Forum set aside. ______________