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MAHARASTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
S.G. Deshmukh, Presiding Judicial Member, Uma S. Bora and K.B. Gawali, Members
ONKARDAS - Appellant
Versus
MAHARASHTRA STATE ELECTRIC DISTRIBUTION CO. LTD. AND ANR. - Respondents
First Appeal No. 106 of 2010
Decided on : 05-04-2011
Mr. Rahul Joshi, Advocate, for the Appellant; None, for the Respondent
Failure to disclose material facts and lack of evidence of negligence are crucial in determining the outcome of a complaint.
Headnote:
Negligence - Electric supply - The court dismissed the complaint of damages due to a fire caused by a short circuit, as the complainant failed to disclose an earlier dismissed complaint filed by his son on the same cause of action. The court found no evidence to show that the short circuit was due to the negligence of the respondents.
Fact of the Case:
The complainant sought damages for a fire caused by a short circuit in the electric supply, resulting in the burning of various items and cash. The District Consumer Forum dismissed the complaint.
Finding of the Court:
The court found that the complainant failed to disclose an earlier dismissed complaint filed by his son on the same cause of action and that there was no evidence to show that the short circuit was due to the negligence of the respondents. As a result, the court dismissed the appeal summarily.
Issues: Failure to disclose earlier dismissed complaint, lack of evidence of negligence in causing the short circuit.
Ratio Decidendi: The court considered the failure to disclose the earlier dismissed complaint and the lack of evidence to show negligence in causing the short circuit as key factors in dismissing the complaint.
Final Decision: The appeal was dismissed summarily with no order as to cost.
ORDER
S.G. Deshmukh, Presiding Judicial Member (Oral)- The present appeal is filed by original complainant against the judgment and order dated 15.1.2010 in complaint case No. 161/2009 passed by District Consumer Forum, Jalna.
2. Appellant/Org. complainant's case before the Forum is that, he had taken electric supply from opponent. It is alleged that on 16.5.2008 at about 2.00 to 2.30 a.m. the same defect occurred in the service wire because of voltage and thus wire was burst. There was short circuit. Meter was completely burnt. complainant's Hero Honda motor-cycle which was parked in the Varanda was burnt because of short circuit. It is alleged that door, window, sofa set, T.V., cooler, fan, electric motor, etc. were burnt. Cash of Rs. 10,000 was also burnt. It is further contended that fire brigade and police were informed. Fire was extinguished by fire brigade. Fire brigade gave report that fire might have taken place because of short circuit. Thus complainant approached before the Forum for damages of Rs. 3,04,105.
3. Respondent appeared before the Forum and resisted the claim. They have denied that fire was due to short circuit and due to short circuit service wire was burnt. According to them service wire from pole was in good condition. There was no defect in the service wire. It is also alleged that son of complainant had filed complaint before the Forum bearing No. 61/08 against them on the same ground which was dismissed on 24.9.2008. It is alleged that when complainant's son has filed the complaint which was dismissed, complainant is not entitled to file fresh complaint on the same cause of action. It is alleged that this fact is suppressed by the complainant from the Forum.
4. The Forum below after going through the papers and hearing the parties dismissed the complaint.
5. Being aggrieved by the said judgment and order passed by the District Forum, Jalna, Org. Complainant came in appeal.
6. Notices were issued to the respondents. Learned Counsel Mr. S.P. Brahme had appeared on behalf of respondents. Today on the date of admission hearing none appeared on behalf of respondents. We heard learned Counsel Mr. Rahul Joshi for appellant. Forum did not consider the Panchanama drawn by police to show that fire was due to short circuit caused due to fluctuations in the voltage. He submitted that Forum ought to have considered fire brigade's report which shows that fire is because of negligence on the part of respondents. According to him earlier complaint filed by complainant's son was dismissed on the basis of technical ground.
7. We perused the papers. On perusal of papers, it reveals that Shri Bipin Onkarprasad Tandan, son of present complainant, had filed complaint bearing No. 61/08 for damages on same cause of action. It also reveals that the said complaint has been dismissed by the Forum vide judgment and order dated 24.9.2008. It is to be noted that earlier complaint filed by son of complainant and it is dismissed has been suppressed by complainant though plea taken by respondents in written version. The complainant did not come with clean hand. Complainant ought to have mentioned about earlier complaint which has been dismissed on the technical ground though respondent has taken defence in written version. Complainant did not utter single word about earlier complaint which has been filed by his son on the same cause of action and which has been dismissed by the Forum. It also be noted that there is absolutely no evidence to show that short circuit was caused due to negligence of respondents i.e. due to fluctuations of the voltage. Fire brigade's report does not indicate that because of fluctuations of voltage there was short circuit. It was necessary for the complainant to inform to respondent and ask them to make inquiry about the incident. It appears that complainant simply filed the application before respondent for change of meter. Application in question is not for fire taken place due to negligence of respondents bu
