IMPORTANT POINT
As per Electricity Rules Electricity Department has to conduct periodical checkups on electrical installations & take adequate precautions to ensure that no live parts/wires are so exposed as to cause any damage.

ORDER

K. Ranga Rao, Member.—This Appeal is filed by the Appellants/Opposite parties U/s.15 of the Consumer Protection Act, 1986, praying this State Commission to allow the appeal and to set aside the impugned order of the District Forum, Mahabubnagar, passed in CC. No. 55/2013 dt.25.10.2018 and consequently to dismiss the complaint.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellants 1 to 3 herein, were Opposite Parties1 to 3 and the Respondents 1 and 2 in this appeal were the Complainants in CC 55/2013 before the District Forum.

3. The brief facts of complaint are as follows:-

The deceased Katamoni Anjaneyulu who was the husband of the Complainant No.1, was working as Hitachi Operator. On 02-06-2012 afternoon at 12:00 p.m, he went to his cousin brothers’ house at Indrakal village, Tadoor mandal to attend to Satyanarayana Vratham. Thereafter, he went to the house of Yadamma who is his relative. The house of Yadamma has the Electric service connection bearing.SC No. 140800234 in the name of Rajamoni Sekhar, who is her husband. While the deceased Katamoni Anjaneyulu was putting his cell phone to charging, accidentally got electrocuted through his cell phone charger, over his left hand finger and fell down on the ground. He was shifted to Government Hospital, Nagarkurnool for treatment. While undergoing the treatment he died on the same day. At that time the entire village suffered from electric shock. The said problem of the whole village suffering from electric shock was continuing for one month due to which TVs and bulbs in the houses of villagers were burnt. The village people informed about the said problem to the opposite parties and also gave representation to them for rectifying the said problem but there was no response from the Opposite parties. As per enquiry of Opposite parties, the cause for the said problem was that the LT line neutral wire was cut, so the neutral and the phase were mixed at the transformer of the village and due to the same the earthing system was not working and as a result of the same high voltage was passed all over the village lines due to which the electric fluctuations were taken place and the same was the negligence of the Opposite parties.

The Police of Tadoor police station registered the case in Crime No.58/12 u/s 174 Cr PC about the death of deceased due to electrocution. The Complainants further submit that the husband of the Complainant No.1 was a Hitachi Operator. He was hale and healthy, and was earning monthly income of Rs.10,000/- and contributing the same to his family.

4. The Opposite parties owe legal responsibility to conduct periodical checks on electrical poles and wires to avoid such type of accidents but the Opposite party failed to conduct any inspection. It is the duty of the Opposite parties to take all the safety measures to prevent such unfortunate accident from occurring. The Opposite parties did not perform their duties properly in the said village. So the husband of the Complainant No.1 died due to negligence and deficiency of service of Opposite parties. Hence the present complaint is filed for the above said reliefs.

The counter is filed by the Opposite parties denying the allegations made in the complaint and stated that the Opposite parties do not know as to whether the husband of the Complainant No.1 died due to electrical shock on 02-06-2012 at 12:00 p.m., in Indrakal village of Tadoor mandal. The Opposite parties denied that there was electrical shock in the entire village, even according to the Complainant if there is electric stock in entire village, no incidents were reported by any others except by the Complainant No.1. The Opposite parties also deny that there is no earthing to the transformer in the village and the villagers reported the matter to the Opposite parties for several times. The Complainant are required to put to the stick proof of the allegations made against the Opposite parties. The all