PUNJAB MANDI BOARD Vs. SAJJAN SACHDEVA

JUDGEMENT

(1.) TWO cross First Appeals No.371/2007 & 419/2007 have been filed by Sajjan Sachdeva (minor) who was the complainant before the State Commission, and Punjab Mandi Board respectively being aggrieved by the order of the State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as the 'State Commission') in Complaint No.3/2005. Since the facts and the parties involved in both Appeals are the same, it is proposed to dispose of these cases by a common order by taking the facts from First Appeal No.419 of 2007 wherein Punjab Mandi Board is the Appellant.

(2.) THE Appellant/Mandi Board had set-up a New Sabzi Mandi at Jalandhar and the late father of the Respondent had purchased Plot No.87 in open auction. A 11 K.V. high tension wire was passing over a number of plots including that of the late father of the Respondent. After the construction was completed, the high tension wire was barely 3 ft. above the shops and was therefore, a public safety hazard. Appellant and Punjab State Electricity Board (who were Opposite Parties before the State Commission) assured that the high tension wire will be removed but nothing was done for a long period of 5 years after which the Punjab State Electricity Board prepared an estimate for shifting the high tension wire and forwarded the same to the Appellant/Board. The Appellant/Board vide cheque dated 12.02.1999 deposited the required amount of Rs.3,54,700/- with the Punjab State Electricity Board for shifting the high tension wire. Another Rs.1,700/- were deposited vide receipt dated 16.02.1999 by the District Mandi Officer with a request to the Punjab State Electricity Board to shift the high tension wire immediately. However, Punjab State Electricity Board did not act on this request. On 03.03.2002, Respondent had gone to the roof of his father's shop to play and came in contact with the said high tension wire resulting in sparking because of which, Respondent's clothes caught fire and he fell on the dry grass on the roof which also started burning. Respondent was immediately rushed to Sacred Heart Hospital and thereafter to Pasricha Hospital, Jalandhar with major third degree burns of the torso and both arms both legs following the electric shock. Respondent's both legs and two fingers had to be amputated since gangrene had developed because of which Respondent has become disabled for life. Being aggrieved Respondents filed a complaint before the State Commission on grounds of deficiency in service against Appellant/Mandi Board as also the Punjab Electricity Board and three other officers seeking Rs.3,37,040/- towards the medical expenditure incurred, Rs.40 lakhs for the loss of limbs and Rs.10 lakhs towards mental agony and the trauma suffered.