Decided on February 03,2009

Vipin Talwar Respondents


J.D.KAPOOR,PRESIDENT (ORAL) - (1.)ON account of having suffered complete damage to the electrical articles and appliances due to high voltage and fluctuations in the supply of electricity, the respondent has been awarded compensation of Rs. 2 lacs towards the damage to the electrical articles and Rs. 50,000 on account of deficiency in service and Rs. 2,000 as cost of litigation.
(2.)FEELING aggrieved the appellant has preferred this appeal.
(3.)CASE of the respondent leading to the impugned order, in brief, is that appellant has supplied three phase electricity connection bearing No. 31201115046 -K at the premises of the respondent and the respondent is regularly making the payment. On 11.11.2003 there was no electricity in the morning since the appellant were doing some repair work in the compound of the Rishi Apartment and at about 2.15 p.m. the appellant restored the electricity of the premises and supplied electricity of very high voltage for few minutes which resulted in fire, the television kept in one of the rooms caught fire which spread through curtains to other part of the house of the respondent. The fire started from the TV and the house of the respondent was set on fire which destroyed the room where the TV was kept and the adjoining bathroom completely and also damaged the other things and fittings and fixtures in the other rooms of the premises. The sudden supply of high voltage also affected the other residents in the neighbourhood and has damaged the electrical fittings appliances and other things of the residents. The respondent is having three phase connection and the entire fittings including MCR s are of double protection system, but due to uncontrolled high voltage, without any prior warning and intimation, supplied by the appellant the TV of the respondent immediately caught fire and the fire spread to the other part of the house and the respondent suffered loss and damages due to negligence of the appellant. The Air Conditioner including voltage stabilizer, wooden almirah, balcony door, VCR, wooden TV Trolley, Dressing Table, Geyser, ceiling fan, woollen clothes, apparels and curtains were destroyed due to fire. Due to smoke in the house the respondent and his son suffered from suffocation and was taken to the hospital for treatment. Fire Brigade was called who had put off the fire and prepared a report about the cause of fire. An FIR vide D.D. No. 37 dated 11.11.2003 at Police Station, Civil Lines, Delhi was lodged.
The respondent issued a notice to the appellant to pay the amount of Rs. 4,25,000 towards the loss and damages and requested the appellant to inspect the premises of the respondent to assess the loss and damages. The house was kept in same position after the extinguishment of the fire up to 18.11.2003 for inspection by the appellant but appellant have neither paid the amount claimed nor inspected the premises of the respondent. The respondent prayed the Forum to direct the appellant to pay compensation to the tune of Rs. 4,25,000 with cost of litigation.

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