Date of filing: 18.08.2022 Date of disposal: 06.02.2023 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 06.02.2023 PRESENT HON’BLE Mr. JUSTICE HULUVADI G. RAMESH : PRESIDENT Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER Mrs. DIVYASHREE M : LADY MEMBER APPEAL NO.1709/2022 Sri.Gurupadayya, S/o Rachayya Hiremath, Aged about 35 years, Occ: Agriculture, R/o Desangi, Taluk Jevaragi – 585310, District Kalburagi. …..Appellant/s (Advocate – Sri.R.R Hiremath)

V/s

1) The Executive Engineer (O & M)

Division No.2, GESCOM, Old Jevaragi Road, Kalburgi – 585102.

2) The Assistant Executive Engineer, GESCOM, Jevaragi, Kalburgi – 585310. …..Respondent/s (Advocate – Sri.Prashant T Pandit)

ORDER

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT This is an Appeal filed U/s.41 of C.P Act, 2019 by the complainant in CC No.87/2014 on the file of District Consumer Disputes Redressal Commission, Kalaburagi aggrieved by the order dated 30.12.2021.

2. The brief facts of the case before the District Commission are, complainant is the owner of land bearing survey No.142/5 measuring 10 acres 10 guntas situated at Ranjangi Village, Jevaragi Taluk, Gulbarga District and he having electrical supply vide RR No.DSN/IP/5. Out of 10 acres 10 guntas he has grown sugar cane crop in the area of 08 acres in the year 2013-14. On 26.06.2014 at about 10.15 a.m, the complainant and others were feeding water to the sugarcane crop at that time the main electrical wires which were passing through land of the complainant came down and due to touching of each other, there was a spark and fire came out and entire sugarcane crop grown in the said 8 acres of land completely burnt. After noticing the fire, the complainant gave an information to the fire brigade station. Fire brigade officials visited spot at about 1.15 PM on 26.06.2014 and tried to extinguish the fire but they could not extinguish the fire since the fire was already spread over in the sugarcane crop of the complainant. On 26.06.2014 the complainant approached the Nelogi Police Station and filed the complaint. On the basis of the complaint, the said police registered case in FA No.15/2014 and visited the spot on 27.06.2014 and conducted panchanama. The complainant submitted an application to Tahasildar on 26.06.2014. On 09.07.2014 the officials of Tahasildar came to the spot, inspected and conducted the spot panchanama and submitted the report to the Tahasildar. Even the complainant has filed application before the Assistant Agriculture officer of Nelogi on 26.06.2014. The said Assistant Agriculture officer has also visited the spot and conducted the panchanama and submitted the report. OPs have not compensated the complainant. The allegations of the complainant that, he suffered heavy loss due to the fire incident, hence he sought for compensation from the OPs.

3. The OPs in the version denied that the complainant is the owner and possession of land survey No.142/5 measuring 10 acres 10 guntas of Ranjanagi Village and also out of said land the complainant had grown sugarcane to the extent of 8 acres in the year 2013-14. Further OPs denies that due to loose wires came in contact and spark came out and the entire sugarcane crops came to be burnt. The complainant has not taken electricity connection bearing R.R No.DSN/IP/5 and getting the water through the said IP set to the said land. Hence the complaint is not maintainable either in law or on facts. Complainant is not a consumer and the OPs are not the service provider. The complainant has not approached the Commission with clean hands. The alleged IP set was belongs to one Rachayya S/o Sharanayya which was sanctioned in the year 1985 in group IP set-3 to be installed in land survey No.92 of village Desanagi. The said RR number is standing in the name of Rachayya. The complainant has taken illegal connection without there being any permission or consent of the OPs and thereby the complainant has violated the rules of GESCOM. T