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1 FA/295/2017
Date of filing :08.03.2017
Date of order :23.12.2021
MAHARASHTRA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION,MUMBAI, BENCH AT
AURANGABAD.
FIRST APPEAL NO. : 295 OF 2017
IN COMPLAINT CASE NO.: 156OF 2016
DISTRICT CONSUMER FORUM : OSMANABAD.
Milind s/o Madhukar Janrao,
R/o Wadgaon, (Siddeshwar),
Tq. & Dist. Osmanabad.
APPELLANT
VERSUS
1. The Executive Engineer,
Maharashtra State Electricity Distribution Co.Ltd,
Osmanabad.
2. The Dy. Executive Engineer,
Maharashtra State Electricity Distribution Co.Ltd,
Sub Div. Osmanabad.
3. The Assistant Engineer,
Maharashtra State Electricity Distribution Co.Ltd,
Osmanabad.
4. The Asst. Electricity Inspector,
Electricity Inspection Section, Osmanabad.
Gapat Building, Gandhi Nagar,
Osmanabad.
RESPONDENT No.1to4.
CORAM :Smt.S.T.Barne, Hon’ble Presiding Judicial Member.
Mr.K.M.Lawande, Hon’ble Member.
Present :
Adv.P.M.Gaikwad for appellant,
Adv.S.N.Tandale for respondent.
2 FA/295/2017
J U D G M E N T
(Delivered on 23/12/2021)
Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.
1.
The appellant has preferred this appeal against the judgement
and order in consumer complaint 156 /2016 decided by District
Consumer Forum Osmanabad, on 17 January 2017. The appellant is
the complainant and the respondents 1to4 are the opponents in the
complaint before District Consumer Forum.
2. It is the case of complainant that he is having agricultural land
Gut no. 407 area about 1hector 70 Aar, situated at Vadgaon( Si.
)Taluka and District Osmanabad. He has cultivated sugarcane crop in
the area of 1 hector land in the year 2013. On 9.3.15 due to
intermingling of electrical wire there occurred sparking in the D. P.
situated on the boundary of the land of complainant. Due to falling
of sprinkles of sparking, the residus of sugarcane crop caught with
fire. Due to which his sugarcane crop, pipeline, grazing grass, also
caught with fire & destroyed. It is the contention of complainant that
near about 9.95 tons of burnt sugarcane was supplied to the sugar
factory and remaining sugarcane crop which was caught with fire, has
sustained total loss to the remaining sugarcane crop, pipeline and
the grazing grass of the animals due to fire. Thus, he has assessed
total loss worth Rs. 3,15,000/-. The complainant has given intimation
of this incident to Maharashtra State Electricity Distribution Co.Ltd,.
The Assistant Superintendent of Osmanabad Division gave visit to the
spot and he has submitted his report that, due to lack of oil in the
3 FA/295/2017
distributing plant i.e. Rohitra, the dried grass would have caught with
fire and out of it the sugarcane crop might have caught with fire. This
is occurred due to negligence of Maharashtra State Electricity
Distribution Co.Ltd, & the complainant has sustained loss to his
sugarcane crop. The complainant has submitted application to the
Talathi of their Sajja(area). He has drawn spot panchnama. The
complainant has issued notice to the opponent calling upon them to
pay compensation to him. However, they did not comply said notice.
Hence, he has filed the consumer complaint before District Consumer
Commission Osmanabad and claim compensation of Rs. 3,15,000/-,
the compensation of Rs.20,000/- towards mental agony and Rs.
5,000/-cost of the proceedings.
3. The opponents have filed their written version to said
complaint. It is at page no. 43, of appeal compilation. The opponents
have denied all adverse contentions in the complaint. The
complainant has made allegations of loss due to incident of sparking
in D.P. The said i
