The court ruled that victims of electrical accidents can approach Consumer Fora under the Consumer Protection Act, 2019, despite the existence of a grievance mechanism under the Electricity Act, 2003.

Dt: .04.2024 (per Hon’ble Sri Justice R.Raghunandan Rao) Heard Sri V.R. Reddy Kovvuri, and Sri Metta Chandra Sekhara Rao, learned counsel appearing for the petitioners in all the writ petitions and learned Government Pleader for Civil Supplies appearing for respondents in all the writ petitions.

2. All these cases are being disposed of by way of a common order as they all raise the same question of law.

3. The petitioners in all these writ petitions are the distribution companies supplying electrical power to their consumers. These distribution companies have an established network of wires and cables for distributing and supplying electrical power to its consumers.

There have been various incidents/accidents where the persons purchasing power from these distribution companies or other persons have come in contact with live wires due to which they have lost their lives or have suffered injuries. Similarly, persons purchasing electrical power from these distribution companies have suffered losses on account of voltage fluctuations etc., damaging their equipment and other gadgets.

3. The dependents and family members of the persons who have lost their lives, persons who have suffered injuries to their body, or persons who claim damages on account of damage caused to their equipment or gadgets, have all been approaching the Consumer Fora, established under the Consumer Proetection Act,

2019. These consumer fora, after hearing both sides had been awarding damages to the applicants. The distribution companies have now filed the present set of writ petitions challenging the jurisdiction of the Consumer Fora established under the Consumer Protection Act, 2019 to take up such complaints and to award damages against the distribution companies.

4. The contention of the distribution companies / petitioners herein are as follows:

• a) The distribution companies operate under the provisions of the Electricity Act, 2003. The Electricity Act also provides for the constitution of a State Regulatory Commission, which would prescribe the standards and regulations to be followed, apart from the provisions in the Electricity Act itself.

• b) The Andhra Pradesh Electricity Regulatory Commission has issued regulations called as Compensation to Victims of Electrical Accidents Regulations, 2017, which stipulate payment of ex-gratia compensation of Rs.5,00,000/- in cases of any injury or damage to any person if there is any wrongful act, omission, rashness, neglect or default on the part of the distribution company.

• Clause 14 of these Regulations also stipulates that the quantum of compensation payable in case of death or injury to a human being shall be arrived by the Chairman and the Managing Director of the distribution company. In addition to these regulations, G.O.Ms.No.7, Energy (Services) Department, dated 13.02.2012 also casts a duty on the engineering officials to send information to the Chairman and the Managing Director for ascertaining and paying necessary compensation. The orders passed by the said Chairman and Managing Director are to be treated as a grievance, which shall be referred before the Consumer Grievance Redressal Forum established under Section 42(5) of the Electricity Act, 2003.

• c) It is the case of the distribution companies that in view of the elaborate procedures set out for ascertaining the compensation payable to any person, who has been injured on account of any failure of the distribution company to maintain specified standards, it would not be permissible for these consumers to approach the Consumer Fora under the provisions of the Consumer Protection Act, 2019.

5. Sri V.R. Reddy Kovvuri, learned counsel appearing for the petitioners submits that the Consumer Fora are equivalent to Civil Courts as they are having the same powers as a Civil Court in relation to certain matters, as per Section 38(9) of the Consumer Protection Act, 2019 and would consequently have to be treated as Courts. He would s