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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Junior Engineer, Electrical Reamal, TPWODL, Dist.-Deogarh – Appellant
Versus
District Consumer Disputes Redressal Commission, Deogarh – Respondent
| Table of Content |
|---|
| 1. compensation for death due to electrocution (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. jurisdiction and appeal process under consumer protection act (Para 7 , 13) |
| 3. petitioner's argument against ex parte order (Para 8) |
| 4. opposite party's defense of commission's order (Para 9) |
| 5. petitioners allowed to appeal to higher forum (Para 10 , 11 , 12) |
| 6. writ petition disposed with direction (Para 14 , 15) |
JUDGMENT :
1. In filing this Writ Petition, the Petitioner challenges the ex parte order dated 26.11.2021 passed by the learned District Consumer Disputes Redressal Commission, Deogarh in C.C. No.48/2020/ Annexure-3 directing the Petitioners to pay Rs.4,00,000/- to the Opposite Party No.2 as compensation with interest @ 9% per annum from the date of death of the deceased (Petitioner’s husband) i.e. from 19.08.2017 till realization.
2. The facts of the case in brief, are that after death of the deceased named late Bada @ Badal Naik in electrocution, his wife/ Opposite Party No.2 filed a complaint case vide C.C. No.48/2020 in the court of the learned District Consumer Disputes Reressal Commission, Deogarh. The husband of complainant was a consumer of electricity having consumer No.414102
Compensation claims under Consumer Protection Act require jurisdictional considerations and proper appeal mechanisms; the High Court is not an appellate authority under the Act.
Death – The very fact that the hands of the deceased contacted/touched the loose and hung live wire while he was carrying heap of paddy, supports the above version of Complainants as such, Commission....
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 caus....
(1) Once a judicial forum comes to conclusion that it lacks jurisdiction in the matter, it must refrain from making any observations on merits of case.(2) Electricity – Being a customer/consumer with....
A consumer complaint against a deceased individual is not maintainable, and a legal heir cannot be held liable for debts without evidence of a direct transaction or relationship with the complainant.
The liability of the respondents under the Electricity Act for negligence in maintaining electric wires and the entitlement of the petitioners to compensation.
The duty of care owed by the Electricity Board in hazardous activities and the application of the multiplier method for determining the quantum of compensation.
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