ORDER

K.B. Sangannanavar, Judicial Member—This is an Appeal filed by OPs.1 to 4 in CC No.50/2019 on the file of District Consumer Disputes Redressal Forum, Chitradurga, aggrieved by the order dated 22.03.2019.

2. Complainants.1 and 2 are husband and wife and they are the parents of one Avinash G.P, raised consumer complaint, alleging deficiency in service on the part of Ops, have sought for compensation of Rs.10,00,000/- for the death of their son Avinash occurred in an accident occurred on 15.09.2017 due to electric shock. In this regard the police have registered UDR No.008/2017 and after conduct of investigation submitted a report and when these complainants approached OPs.1 to 4 for compensation was not considered on the ground that they are not the consumers and the death of Avinash was not due to their rendering deficiency in service, since electric accident was occurred in the land of OP-5 who has taken electricity connection from OPs.1 to 4 to his bore well has not properly maintained the electric system, as such they are not entitled for any amount of compensation from OPs.1 to 4.

3. The Forum below held an enquiry by receiving materials on record consisting of evidence of PW-1 Ex.A-1 to 21, DW-1 Ex.B-1 to B-3 held OPs.1 to 4 are liable to pay compensation of Rs.9,57,760/- along with interest @ 9% p.a from the date of complaint till realization, while OP-5 is directed to pay Rs.2,00,000/- along with interest @ 9% p.a from the date of complaint till realization and awarded Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of proceedings. It is this order being assailed in this Appeal contending that Forum below failed to appreciate materials on record in right perception though complainants.1 & 2 in their complaint itself have categorically stated that on 15.09.2017, when Avinash the son of complainants went to the land of OP-5 at about 3.30 PM, while in the process of starting the bore well to get drinking water came in contact with electrical shock as a result died was shifted to Hospital however while on the way to Basaveshwara Hospital, Chitradurga. The findings recorded by the forum below are not sustainable in law.

4. On the contrary the Complainants submitted would justified the findings recorded by Forum below, since the incident had taken place due to electric shock while starting bore well situate in the land of OP-5 and would submit that the Forum below has rightly apportioned liability of OPs.1 to 4 at Rs.9,57,760/- and Rs.2,00,000/- liability of OP-5.

5. In view of rival contentions of the parties to the appeal on our examination of the enquiry file could find out that Avinash was studying 2nd PUC at Government Boys Junior College and he was the son of complainants died in the land of OP-5, pursuant to his death due to electrical shock concerned Police registered UDR No.008/2012 and they concluded the investigation submitting C Report that it was the unfortunate accident. In other words, no where police reported that the alleged electrical incident taken place at 3.30. PM on 15.09.2012 in the land of OP-5 was due to improper maintenance of electrical lines by OPs.1 to 4 which connects the Bore-Well electric board. It has come in the enquiry that incident was taken place in the land of OP-5 and is a private land belongs to him and it is his duty to maintain the bore well board properly to use the electric services to pump the water from the bore well. It is not in dispute as the complainants themselves have stated in their complaint and information given to the Police that the incident was occurred, while boy Avinash made an attempt to start the bore well as had touched the switch board and got electric shock as a result succumbed on the way to hospital. In our view as the maintenance of the switch board is the duty of OP-5 and not of the OPs.1 to 4. It is therefore considering these facts we found force in the contention of learned counsel for Appellants that complainants.1 & 2 do not fall withi