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Judgment
THE petitioner has filed this complaint against the opposite parties claiming a sum of Rs. 25,00,000 as compensation. Her case is that she is an educated young lady and by availing loan from the State Bank of India had installed one ''Chuda'' factory in her village in the year 2002. She accordingly entered into an agreement with the opposite parties for supply of electric energy to her premises for the purpose of running the machine. At the instance of the opposite parties, she herself installed one transformer at her own cost, which as per the agreement, would be handed over to the opposite parties for maintenance. On 22.7.2005, there was break -down of the transformer. Despite repeated requests, the opposite parties did not take any steps to instal another transformer as a result of which she could not produce any ''Chuda'', thereby she sustained loss amounting to Rs. 25,00,000.
THE opposite parties in the preliminary written version pleaded that the claim of compensation is imaginary and is based on mere guess. According to them, a new transformer was replaced within one month after complying with all official formalities. There appears to be sufficient force in the contention of the opposite parties that the petitioner by making imaginary claim has filed the complaint. The transformer, which broke down was replaced within the period of one month and as such loss, if any sustained by the petitioner, could not have been Rs. 25,00,000. As per agreement, the petitioner herself had undertaken to instal the transformer. Its maintenance was with the opposite parties. It is a case of vis major. No body has control over the functioning of a machinery. It is not the case of the petitioner that on account of opposite partys negligence the transformer broke down. Therefore, we have no hesitation to hold that the allegation of the petitioner that there was deficiency in service on the part of the opposite parties is base less.
FOR the reasons aforesaid, we do not find any merit in this complaint, which is accordingly dismissed with cost of Rs. 1,000 (one thousand). Complaint dismissed.
