Page I of I BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION Basava Bhavan, Sri Basaveswara Circle, High grounds, Bangalore-560001.

Appcal No. - tt3 / 20lt Appellant/s The Asst.Executive Engineer Sub-Division @ural), CESCOM Beside BSNL Office, Near Fort, Ka.laburgi

2. The Executive Engineer Dvision No.l, Main office, Court road,Kalaburgi .

@y ^{Shri/Smt Ravindra Reddy} )

-Versus-

Respondent/s Navegn S/o Vithalprasad Awasti, fued ^{about 46 years,} Occ:Business & Agri culture, R./a Shahabazar, Kalaburgi (By Shri/Smt )

ORDER SHEET Appeal received on l2106/2018 through ^{Advocate RaYindra Reddy} This is an Appeal U/S 15 of C.P. ^{Act, preferred against the orders passed by the District Consumer Forum} Cnlbuga on 2410512017 in Complaini No ^{9712016. Placed before Principal Bench / Additioaal Bench ofthe Cornmission} on 19106/2018 at I I A.M.

l. Impugned order free copy dtd,29lo5l20l7

2. Deposit Amount -Rs . 25000 DD Number- ^{969422 Date- 29lo5l2ol8}

3. IA-l for Condonation ofdelsy-filed

4. IA-2 for Stay-filed

5. IA-3 for Production ofAddl. ^Documents

6. Delay (348 &ys)

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S KSCDRC, Bangalore l3-06-2018 http://kscdrcsrv/kscdrc/fi1ingandOtherArea/order_sheeu)rint.asP?case-no:883&CaseSear:20I8&case-

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0tr\ ) crO f -\r3 1^-1 Oral: Hon'ble President ORDER Case is called-out through VC. Learned counsel for both the parties are present.

Learned counsel for the Appellant files the amended

Office shall correctly show the name of Smt.Sonali Awasthi as the counsel for the Respondent in the, cause title and also files vakalath to the Appellant.

1ist.

Heard both sides on IA.No. I l2Ol8.

The Appeal is betated by 348 days. In support of ^the Application Sri.Sahadev, the Exceutive Engineer ^(Ele), (

- lr - D 88a &ol8 O&M Division-I, GESCOM, Kalburgi as sworn the affidavit and para 3 of his affidavit reads as follows:

3. "It is further submitted that, the appellants lmmedlately al'lter obtalning the copy of order of the District Forum, re-submltted same before the Counsel for the Company for the next steps to be taken in the above, and after discussion the Counsel appearing in the above case on behalf of the Company advised to challenge the impugned order before the Hon'ble State Commission and accordlngly the appellants submltted papers before the head of the department seeklng approval for approaching ageinst the impugned order in the appeal, and only alJter securlng approval from the head department, immediately approached counsel appearing for the Company for flllng necessary appeal by challenging the impugned order, Hence there was delay ln filing appeal, and reasons shown above are bonafide and unintentional.

On the careful pemsal of the para No.3 makes it clear that, the transmission of records for seeking approval for hling of the Appeal. The period of transmission loss is not a sufficient cause to condone the delay.

The Appellant is a GESCOM, it is a body of the Government, where the Officers should diligently act when they are not accepting the Order of the District Commission. The reasons explained in the affidavit will not constitute a sufficient cause for condoning the delay.

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We have ^also perused ImPugned ^{Order and} pleadings.

The Complainant ^{is the Consumer of the Opposite party} the short circuit holding a meter bearing ^No'SPR-6551, took place ^{due to which the Complainant has suffered} damages.

is alleged ^{that, inspite of request for change of live} service line because ^{of the danger, it was not considered} by ^the Opposite ^{parties which leads to the short circuit} Hence, a ^{sum of Rs.2,0O,OO0/- was sought for damage} before the ^{District Commission evidence was also lead by} both the Parties.

TheDistrictCommissionafterconsideringthemateria]s record ^{directed Opposite parties pay} Rs.1,26,500/- ^{on account of electrical fire accident}, and damage.

of 10,000/- and litigation cost of compensation ^Rs'

Rs.5,000/-. ^{Even on the merit}