The central legal point established in the judgment is the responsibility of the electricity supplier in preventing mishaps and the concept of strict liability in cases involving hazardous activities.

ORDER

R. Lakshminarasimha Rao, Member (Oral)- Unsuccessful complainant is the appellant. He is a businessman engaged in the business of air-compressor vulcanizing at petrol Pump on National High Way No. 7 and he is having electricity connection to his shop vide S.C. No. 12069 and he used to keep tyres, tubes and other parts of vehicles in the shop for sale. On 25.4.2009 the appellant was informed by his friend that his shop caught fire and he rushed to the spot by which time fire staff arrived there and they did put off the flames at the petrol pump and later at the appellant's shop and due to the delay caused, the property in the shop was damaged and the appellant sustained loss to the extent of Rs. 1,59,000. The police station , Adilabad registered a case in Crime No. 77 of 2009 and filed final report. The shop is the sole source of the appellant and he claimed from the respondents on 15.12.2010 an amount of Rs. 1,50,000 towards loss sustained and as they failed to pay the amount to him, the appellant filed the complaint.

2. The respondents resisted the claim on the premise that the appellant's shop was located exactly below 11 KV line and he raised his shop encroaching the Municipal land. It is stated that on 25.4.2009, the appellant had put waste tyres to fire below the 11 KV line as a result of which huge flames raised and on account of flames and sparks his shop was burnt. On account of flames 11 KV live wired was snapped and power supply was automatically tripped off at substation and. There was no high voltage on the feeder and in the area and if there was high voltage, the other shops would have faced the same problems and the meters would have been burnt. The appellant's shop was burnt not on account of snapping of live wires and it was due to burning of waste tyres and tubes by the appellant.

3. The appellant filed his affidavit and the documents, Exs. A1 to A11. On behalf of respondents, the first respondent filed his affidavit and the preliminary report was marked Ex. B1.

4. The District Forum dismissed the complaint on the premise that the appellant failed to prove that the live wire fell on the appellant's shop and the appellant had not filed positive photographs and the cause of fire was not due to high voltage and snapping of conductor.

5. Feeling aggrieved by the order of the District Forum, the complainant has filed appeal contending that the appellant was at his house when the fire accident occurred due to short circuit and immediately on receiving the information, he rushed to his shop. It is contended that the District Forum has not considered the ratio laid in M.P. State Electricity Board v. Shail Kumar, reported in 2002 (2) ALD 4.

6. The point for consideration is whether the order of the District Forum suffers from mis appreciation of facts or law

7. The appellant having shop at Dwaraknagar, in Adilabad and the shop was gutted in fire accident that occurred on 25.4.2009 are beyond any dispute. It is also not disputed that some of the itmes kept in the shop were damaged in the fire accident. Mohd. Yousuf Khan has lodged complaint with the police, Adilabad on 26.4.2009 stating that his shop, and the shops of Hussain Khan and Habeeb Khan were gutted at night on 25.4.2009 due to short circuit and he sustained loss to the tune of Rs. 1,00,000 and he intimated the owners of the shops and the Fire Department which had extinguished the fire and the owners of the shops sustained loss to the tune of Rs. 6,20,000. The Panch witnesses opined that the fire accident occurred accidentally and the shop owners sustained loss to the tune of Rs. 4,80,000.

8. The police, Adilabad filed final report before the Magistrate concerned wherein it is stated that the first respondent herein opined that the fire accident might not have happened due to electric short circuit and the fire officer opined that the cause of fire was electric origin. The opinion of Assistant Director of APFSL was stated to be the burnt items such as tyres and