KAMLA PRASAD TIWARI vs Junior Engineer

THE Revision Petition arises out of the order of the State ommission, U.P. in Appeal No. 528/SC/1992 which in turn upheld the order of the District Forum. THE brief facts of the case are as under :

THE complainant Shri Kamla Prasad Tiwari is a petitioner before us. His complaint before the District Forum, Faizabad in Complaint No. 142/1991 praying for relief of Rs. 82,000/- for the loss done to him due to non-supply of electricity to his fields. It is his case that he took an electric connection to his agricultural fields from the opposite party, Junior Engineer, Gosaiganj Power Station in June, 1976. On 1.2.1990 the power supply was interrupted as one of the electrical poles fell down and the said fact was brought to the notice of the Electricity Authorities. Since no action has been taken by the opposite parties, from 1st February, 1990 till 11.8.1990 in spite of repeated complaints to various authorities, the complainant approached the District Forum. Before the District Forum opposite parties contested that all the 48 poles supplying electricity fell down simultaneously due to hail storm and that 30 out of 48 wooden poles were installed in the lake waters. In this connection, the District Forum held that it was not possible that all the 48 poles would get broken even if they were in water, and it is possible when Electricity Department is negligent in maintenance. The District Forum while placing the investigation report of Shri R.P. Duvedi, SDO-1 also disbelieved the contention of Junior Engineer that the poles and supply line maintenance was not within his territorial jurisdiction. In this connection the District Forum held that the investigation report of Shri R.P. Duvedi was neither reverted by the opposite parties nor any objection thereto was taken in reply.

The District Forum while relying upon the above investigation report, various correspondence that took place between the complainant and within the Department held that once the electricity connection has been provided the responsibility for maintenance and repairs of the line is on the department. The contention of the O.Ps. that if the power supply was interrupted due to any accident that the department could not be held responsible was not appreciated by the District Forum which held that electric line was damaged due to the negligence of the Department and in the instant case the electricity was not interrupted due to any accident but due to removal of wires and electric poles by the department staff or in collusion with them. In view of the above discussion, the District Forum held that the electric line was damaged due to the negligence of the department and relied on the investigation report. The complainant was granted compensation of Rs. 2,000/-.

FEELING aggrieved by the order of the District Forum both the parties went on appeal i.e., the complainant for enhancement of the compensation and the opposite parties for setting aside the order of the District Forum. The State Commission, in its well-reasoned order upheld the order of the District Forum and keeping in view the deficiency in services rendered by the opposite party and harassment undergone by the complainant, enhanced to the compensation to Rs. 25,000/- with interest @ 6% p.a. The State Commission also awarded the cost of Rs. 4,000/-. Still not satisfied with the order of the State Commission, the complainant has come in revision before this Commission. We have gone through the orders of the District Forum and the State Commission and arguments of learned Counsel for the petitioner/complainant, we do not find any illegality or jurisdictional error in the order of the State Commission. Moreover, both the Fora below dealt with the merits of the case and came to the correct conclusion. There is no justifiable reason given for the further enhancement that has been prayed in the revision petition, for us to reconsider the same. In view of the above discussion we do not find it a fit case for admission and dismiss the same. Revision Petition dismissed.