State Consumer Disputes Redressal Commission
The Station Manager, Matangini Group ... vs Smt. Sabita Mondal, Wife Of Late ... on 30 May, 2014
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal 11A, MIRZA GHALIB STREET, KOLKATA 700 087 S.C. CASE NO FA/455/2012 (Arisen out of Order Dated 07.05.2012 in Case No. CC/67/2010 of District Purba Medinipur DF) DATE OF FILING :01.08.2012 DATE OF ORDER:30.05.2012 APPELLANT : The Station Manager, Matangini Group Electric Supply, W B S E D C L, P.O. Rmtarakhat, P.S. Tamluk, District-Purba Medinipur. RESPONDENT : Smt. Sabita Mondal, Wife of Late Lakshmikanta Mondal, Village-Harinan, P.O. Joybalarampur, P.S. Tamluk, District-Purba Medinipur. BEFORE HONBLE MEMBER : Sri Debasis Bhattacharya. HONBLE MEMBER : Sri Jagannath Bag. FOR THE APPELLANT : Mr. Srijan Nayak, Ld. Advocate Mr. Alok Mukhopadhyay, Ld. Advocate Mr. Souvik Chatterjee, Ld. Advocate. FOR THE RESPONDENT : Mr. Sourabh Sundar Shee , Ld. Advocate. Sri Debasis Bhattacharya , Member
This appeal is directed against the order dated 07.05.2012 passed by the Ld. District Forum, Purba Medinipur in Case No. 67/2010. By the impugned order, the Ld. District Forum has allowed the case partly against the OP with certain directions. Being aggrieved by and dissatisfied with it, the OP thereof has preferred this appeal.
The case of the Complainant therein is that on 21.02.2009 in the night, when her husband, Lakshmikanta Mondal went to his vegetable field, then he touched the live electric wire of the OP, which has fallen down, and thereby he died. Such incident took place due to negligence and absence of maintenance by the OP. Accordingly, the case for compensation.
On the other hand, the case of the OP is that the husband of the Complainant, used to run tulu pump (water pump) to his vegetable field from his premises regularly with the help of electricity, and while moving the tulu pump (water pump) to his vegetable field through the damaged electric wire, the accident took place. There is no LT network of the OP beside the vegetable field, so there is no possibility of electrocution from the network of the OP. There is no laches or fault at its end. The said incident was purely for the fault of the husband of the Complainant and also due to his illegal work, which is not permissible under the Electricity Act. Thus, the case be dismissed.
It is to be considered if the impugned order suffers from any anomaly in order to make an interference thereto in this appeal.
Decision with reasons Ld. Advocate for the Appellant has submitted that there is no negligence, whatsoever, on the part of the OP in the matter of electrocution of the husband of the Complainant. It was also not reported to the OP after the incident. Further, and most importantly, neither the deceased husband nor the Complainant wife falls under the category of consumer of the OP in respect of the incident that allegedly took place causing the death. There is an effective remedy in the form of compensation from the State administration.
Ld. Advocate for the Respondent has submitted that it was purely a case of electrocution which will be reflected from the materials on record, including the Post-Mortem Report, which has been caused by snapping of live wire of the OP in the vegetable field of the deceased and there is negligence and lacuna in providing and delivery of service in the matter, which is apparent. The Complainant pleaded for compensation with the OP several times and lastly made a legal notice to that effect.
On a consideration of all the facts and circumstances of the case and the legal position in the matter, the Ld. District Forum has come to a finding in favour of the Complainant. There is as such no kind of any anomaly in regard to the facts and law duly established in the matter. The case of electrocution liability lies on the Electricity Department and compensation by it to the legal heir of the deceased was held to be correct by the Honble National Commission in a decision reported in IV (2008) CPJ 278 (NC). It has also been held by the Honble National Commission in another decision, reported in IV (2008) CPJ 139 (NC), that in the matter of electrocution due to fall of live wire, as the villagers pay taxes to the Village Panchayats and power consumption charges to the Electricity Company, so are consumers, and such Complainants being beneficiaries are entitled to compensation. The proposition enunciated by the Ld. District Forum also get support from a decision of the Honble Andhra Pradesh State Commission, reported in III (2009) CPJ 170, in regard to the amount of compensation, and in the matter of deficiency in service, the other decisions of the Honble Kerala State Commission, reported in 2009 (3) CPR 7 and 2009 (4) CPR 151 are pertinent. The cause of death of the Complainants husband by electrocution has been established by the Post-Mortem Report, which says that the death was due to the effect of electrocution-ante mortem in nature. Accordingly, the impugned order is sustainable.
In the result, the appeal fails.
Hence, ORDERED that the appeal be and the same is dismissed on contest but without cost. The impugned order is hereby affirmed.
Let a copy of this order along with the L.C.R. be forwarded to the Ld. District Forum, Purba Medinipur, forthwith.
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