Interpretation of 'consumer' under the Consumer Protection Act and liability for compensation in cases of electrocution

Mr. Justice S.C. Datta, President—Vide order dated 29.2.2000 the Forum directed the appellant viz. W.B.S.E.B. to pay a sum of Rs. 1,00,000/- as compensation to the complainants for the death of their daughter by electrocution. The complainants are the parents of the deceased Ujjala Das. In the evening of 5.8.1995 she was passing along the road and while passing along the road from her father’s shop to their residence she came in contact with a live-wire and was immediately electrocuted and died. According to the complainants, the death of the minor girl occurred due to sheer negligence on the part of the Board. They have addressed a letter to the officer of the Board claiming compensation for the death of the daughter. But it was not entertained. So, they approached the Forum claiming compensation.

2. The case was contested by the O.Ps. by filing written version challenging the maintainability of the case. It is their case that the said wire got snapped during heavy rain and they have nothing to do on account of contributory negligence on the part of the victim girl. They deny that there was negligence on their part. However, the Forum noticed that there was negligence on the part of the O.Ps. and as such awarded a compensation of Rs. 1,00,000/- to the complainants.

3. Feeling aggrieved by the order, the Board has appealed. The learned Counsel for the appellant submits that the complainants cannot be regarded as Consumer as envisaged by Section 2(1)(d)(ii) of the Consumer Protection Act, 1986. There is no dispute with regard to the death of the victim girl in the evening of 5.9.1995 by electrocution. The electric wire got snapped and came in contact with the earth. The girl was returning home from her father’s shop and got in touch with the live-wire. The learned Counsel for the appellant submits that the petitioners nor their daughter can be said to be a consumer or a beneficiary. The snapped wire did not fall on their house. But it fell on the road and the victim girl accidentally got in touch with the wire and was electrocuted. It appears that the Forum has placed reliance upon several decisions to come to the conclusion that the victim girl was a beneficiary for enjoyment of electricity. It is apparent that the high tension line did not directly supply energy to the father of the victim girl. It was running overhead for transmission and distribution of power from one place to another. Anyhow, it got snapped and fell on the village road. It is most unfortunate that the fatal accident took away the life of the victim child when she was only 12 years of age. But it cannot be said that either the victim girl or their parents are beneficiaries. The case of the present appellant is that the Overhead High Tension Line got snapped because of heavy rain. The Forum observed that the Board should have ensured such a safeguard by placing bar or otherwise so that nobody could come into contact with it. In our opinion, the complainants cannot be regarded as a consumer within the definition of the word appearing in the Consumer Protection Act. So, we are of opinion that the Forum was not justified in passing the award.

4. During hearing the learned Counsel for the appellant submits that the Board has a scheme which has been formulated to meet this type of contingency and in suitable cases compensation is awarded where death/damage occurs due to electrocution by snapping of wire. It appears that a mass petition was filed by the villagers drawing attention of the Board regarding the untimely death of a minor girl due to electrocution. Anyway, we think it just and proper to direct the present appellant to consider the case of the petitioners for compensation sympathetically keeping in view the provisions of their scheme providing for compensation in this type of cases and we hope that the appellant would do something to compensate the parents of the victim adequately. The complainants may, however, approach the proper Forum to get relief