Date of filingr O4.O7.2Ot7 Date of Disposal: ,-7.02.2026 BEFORE THE CIRCUIT BENCH KARNATAKA STATE CONSUMR DI PUTES REDRESS LCOMMISS ON, LBU GI DATED: 17th DAY OF FEBRUARY 2026 coRAM: HON'BLE Mr. JUSTTGE T.G. SHTVASHANKARE GowDA -

PRESTDENT and HON,BLE MTs. DIVYASHREE M - LADY MEMBER sc I cBL t 29 t A I 1448 t 201-7 BETWEEN:

1. The Managing Director Gulbarga Electricity Supplying Company Ltd., Gulbarga- 585403.

2. The Executive Engineer (EL)

GESCOM, Bidar Division, Bidar-585403.

3. The Asst., Executive Engineer (EL)

GESCOM, Bidar Division, Bidar-585403 Appellant/s (By Sri.Mahesh.S. patil, Advocate)

AND:

Bakkappa, S/o Gurappa Konda, Aged about 52 years, Occ: Agriculture R/at Gumma Village, Bidar-585403 Taluk and District Respondent/s (By Sri.S.M.Biradar, Advocate)

ORAL ORDER (PER: HON'BLE Mr. JUSTICE T.G. SHMSHANKARE GOWDA, PRESIDENT)

This Appeal is filed U/s.15 of Consumer protection Act, 1986 (in short CP Act) by the Appellants challenging the order dated:18.04.20t7 passed in CC/71/2015 on the file of Bidar District Consumer Disputes Redressal Commission (in short the District Commission).

2.

The Appellants were the Opposite parties.l to

3 (in short OPs) and Respondent was the Complainant before the District Commission. The Rank of the parties shall be referred to as per their status before the District Commission.

3.

The Brief facts of the case are that:

The Complainant is resident of Gumma Village, Bidar Taluk, Bidar District. He is owning land bearing Sy.no.3713 in his village, wherein at 2 acres of land, he has grown sugar cane. There is a live electricity line passing over his land, which was drawn by Ops. On 1g.02.2014 at about 11 am, due to sudden short circuit in the live electricity line, the sugarcane standing in his land caught fire and entire sugarcane worth Rs.2 lakhs was burnt. The said incident was.reported to Bidar Rural police who have visited the spot and conducted the spot mahazar and assessed the loss to the tune of Rs.1,60,000/-. Claim of the Complainant did not consider by Ops. Hence pleading deficiency in service, Complainant has filed complaint before the District Commission seeking compensation of Rs.2 lakhs.

4.

Before the District Commission, the Ops have opposed the complaint by filing version contending that, new powers has been conferred upon the Tahasildar and Deputy Commissioner of Bidar by the Govt., to pay the compensation wherever such incidents would taken place. The Complainant has not informed the said incident to the OP as required U/s.161 of Indian Electrlcity Act, 2003 or U/s.33 of the Electricity Act, 1910. The Complainant has not at all grown the sugar cane in his land and he has created a false story to get compensation. Since there was 100o/o water in his fleld, it would not be possible to burn 2 acres of sugar cane completely, thereby he has not sustained loss of Rs.2 lakhs as claimed in his complaint. Hence sought for dismissal of the complaint.

5. Before the District Commission, the Complainant has filed affidavit evidence and marked 16 p16.

documents as Ex-p1 to Ops have filed affidavit evidence but no documents were produced.

After hearing both parties, the District Commission allowed the complaint in part and directed Ops to reimburse Rs.1,09,06l- along with interest at L2o/o p.a. from the date of electrical fire accident i.e. 1g.02.2014 till the frte of realization; to pay compensation of Rs.10,000/_

and litigation cost of Rs.5,000/-. Aggrieved by the said order, OPs have preferred this appeal.

6. We have heard the arguments of learned counsels for both the sides.

7 Now the points that arise for consideration is:

(i)

Whether the Comptainant is entifle for compensation of Rs.l,O9,O67/_ with interest at l2olo p.a. as awarded by the District Commission ?

(ii) Whether the order of the District Commission is perverse/illegal, does call for interference ?

REASONS

8. It is the main contention of Learned Counsel for OPs that, burnt sugar cane was sold to M/s.Naranja Sahakari Sakkare Karkhane Ltd., Bidar, who ha