Date of filing :12.02.2021 Date of order :12.08.2024 MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 72 OF 2021 IN COMPLAINT CASE NO.: 215 OF 2020 DISTRICT CONSUMER FORUM : AURANGABAD.

1. Maharashtra State Electricity Appellants no.1&2 Distribution Company Ltd,. (Adv.P.S.Mehta)

Superintending Engineer, Rural Div.

Aurangabad.

Through its Assistant Engineer, 2. Maharashtra State Electricity Distribution Company Ltd,.

Through Executive Engineer, Jitendra Harishchandra Waghmare, Respondent-1, Div. Aurangabad.

VERSUS

1. Sow. Dagdabai Baburao Dhoiphode, Respondents R/o Bhalgaon, Tq.& Dist. Aurangabad. (Adv.S.M.Tawar)

2. Rameshwar Baburao Dhoiphode, R/o Bhalgaon, Tq.& Dist. Aurangabad.

CORAM : Mr.Milind.S.Sonawane, Hon’ble Presiding Member.

Mr.Nagesh C.Kumbre, Hon’ble Member.

J U D G M E N T

(Delivered on 12/08/2024)

Per Milind.S.Sonawane, Hon’ble Presiding Member.

This appeal is directed against the judgment and order dated 06.01.2021 passed by the District Commission, Aurangabad directing the appellants / ori. opponents in C.C.

No. 215/2020 to pay to the respondents / ori. Complainants sum of Rs.04,08,000/- to respondent no.1/ original complainant no.1 and sum of Rs. 78,59,610/- to respondent no.2 / original complainant no.2 along with Rs. 20,000/- each to respondent no.1 and 2 for mental harassment and for the cost of the proceedings.

(For the sake of brevity appellants are hereinafter referred as ‘opponents’ and ‘respondents’ as complainants.)

2. The brief facts giving rise to this appeal are –

Complainants are the owners of the field Gat No. 273 situated at village Bhalgaon, Dist. Aurangabad, holding 80 R land each. Respondent no.1 planted sugarcane in her field, whereas respondent no.2 planted 400 ‘sweet lemon’ trees (mosambi) in his field. They have taken electricity connection from the opponents for their respective field for the irrigation of their land. On 27.04.2019 at about 7.30 pm. there was a storm and because of that sparking took place in the overhanging wires between the two poles going across their fields. Resultantly, fire broke out underneath it. The entire sugarcane crop of complainant no.1 and 300 sweet lemon trees of complainant no.2 were burnt in the incident. They reported the incident to the opponents as well as to the Agriculture Officers, and Revenue and Police Officers. The panchanamas were drawn. The Electrical Inspector also gave his report on 22.05.2019. All these authorities recorded their assessment of the damage in their reports. The complainants claimed the compensation from the opponents. However, the opponents denied their claim on the ground that, the incident is not genuine. It is therefore, the complainants filed the consumer complaint before the District Commission in which the above impugned judgment has been passed. It is against that judgment opponents are before us in this appeal.

3. It is the defence taken by the opponents before the District Commission and also before us in this appeal that, the complainants are not their consumers. They have filed the complaint with an intention of extracting money. The 100 KV low tension line has gone through the land of the complainants for village Bhalgaon. The service wires (in the field of the complainants) was found to be in good condition. There is variance as to the damage caused to the complainants due to the incident in the panchanamas prepared by Talathi and Police. The said Panchanamas are drawn in collusion with the complainants. There is no evidence on record to show that, how many trees can be planted in the agricultural land of 80 R. The bills produced by the complainants to support their claim are fabricated. The incident taken place due to natural disaster and there is no deficiency in service caused to the complainants.

4. The District Commission on perusal of the pleadings of the parties along with their evidence and on hearing both sides drawn a conclusion that, in view of the provisions of Cen