Mr. Abdul Perwad, Member—In this appeal, the short point for consideration is whether the order passed by the District Forum is sustainable.

2. The case of the complainant is that on 5.6.1994, at about 3.10 p.m. when he was watching TV, there was a sudden rattle and thud in the TV followed by complete failure of image and sound. It so transpired that the TVs of the neighbours also packed-up simultaneously which was attributed to a sudden surge in power supply to the locality. When the complainant approached the opposite party - KEB to reimburse the cost of repair and give compensation, he was informed that since the high voltage was on account of a tree falling on 3 phase - 4 phase wire system, it was purely a case of accident for which the Board cannot shoulder any responsibility. The complainant, therefore, approached the District Forum for the redressal of his grievance.

3. Before the District Forum the opposite party filed its version but no affidavit was filed in support, despite giving enough opportunities. The complainant has filed his affidavit evidence and has also addressed his argument.

4. The District Forum, on the basis of the materials placed on record, has come to