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2025 Supreme(Online)(SCDRC) 34816

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
1.The Additional Asst Engineer TSNPDCL – Appellant
Versus
1.Smt. Anukmandla Mallikamba – Respondent
SC/36/A/142/2019



Petitioner Advocates:M/s. Zakir Ali Danish ,Respondent Advocate:

BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

F.A. No.142/2019 AGAINST ORDERS IN CC.No.15/2018 ON THE FILE OF DISTRICT CONSUMER COMMISSION,WARANGAL Between:

1. The Addl. Asst. Engineer, TSNPDCL, Sangem (P & M), Warangal Rural District.

2. Divisional Engineer, Operation, TSNPDCL, Warangal Rural (P & M), Warangal District.

3. The Superintending Engineer, Operation, TSNPDCL Ltd., Hanumakonda (P & M), Warangal Urban District.

4. The Chairman & Managing Director, TSNPDCL, H.No.2-5-31/2, Corporate Office, Vidyut Bhavan, Nakkalagutta, Hanamkonda (P & M), Warangal Urban District – 506001.

…. Appellants/Opposite parties And

1. Smt. Anukmandla Malikamba, W/o. Saraiah, Aged about: 45 years, Occ: Household, R/o. H.No.2-19, Eluguru (Rangampet) Village & Post, Sangem Mandal, Warangal Rural District – 506330.

2. Mr. Anumandla Saraiah, S/o. Sailu, Aged about: 52 years, Occ: Labour, R/o. H.No.2-19, Eluguru (Rangampet) Village & Post, Sangem Mandal, Warangal Rural District – 506330.

..… Respondents/Complainants.

Counsel for the Appellants/Opposite Parties : M/s. Zakir Ali Danish & Mr. A. Jaya Raju Counsel for the Respondents/Complainants : M/s. K. Karunakar QUORUM: HON’BLE SRI KOLLA RANGA RAO, MEMBER-

JUDICIAL, &

HON’BLE SMT.R.S.RAJESHREE, MEMBER (N-J)

WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY, TWO THOUSAND TWENTY FIVE *****

Order : (Hon’ble Smt. R.S. Rajeshree, Member Non- Judicial)

1. This appeal is filed u/s.15 of the Consumer Protection Act,1986 by the opposite parties being aggrieved by the order dt.29.01.2019 passed in C.C.No.15/2018, by District Consumer Commission, Warangal, wherein the District Commission had passed the following orders:

“In the result, this complaint is allowed in part directing the Opposite Parties jointly and severally liable to deposit in this forum a sum of Rs.4,00,000/- towards ex-gratia with interest @12% p.a., from the date of filing of the complaint i.e.,18.09.2017 to till the date of realization and to pay Rs.9,24,000/- towards compensation and to pay Rs.50,000/- towards funeral expenses, loss of consortium, loss of love and affection and legal expenses including costs within one month. The total amount comes to Rs.13,74,000/- + 12% interest on ex-gratia amount. The Complainants shared the claim amount equally.”

2. For the sake of convenience, the parties are described as complainants and opposite parties as arrayed in the original complaint.

3. The case of the complainants is that they are eking out their livelihood by doing agriculture, that on 09.06.2016 at about 20:30 hours their son Mr. Mahender who is student of MBA, after having his bath was drying his banian on iron wire unfortunately power passed through service wire and got electrocuted and was battling for life. The Complainant NO.1 had seen him and immediately the neighbours called 108 ambulance and he has rushed to hospital, but however, the Doctors declared brought dead. As such the complainants approached the police station and lodged a complaint and an FIR was registered. The Doctors conducted autopsy over the dead body and opined that the cause of death was due to electric shock. After 20 days the Complainants have made an application to Opposite Party No.1 requesting to pay an ex-gratia by submitting all relevant documents, but the Opposite Parties had neither rejected the claim nor paid the ex-gratia amount. That the death of the deceased was caused due to gross negligence of Opposite Parties in not maintaining the service wire properly. Due to which the Complainants have lost their son aged 26 years who was studying MBA and was doing part time job and was drawing a salary of Rs.9,000/- per month. That he had a bright career ahead. That due to the death of their son they have not only incurred monetary loss, but also suffered severe mental agony and have lost the support during their old age. Hence, the complaint was filed seeking ex-gratia, compensation for loss of love and affection funeral expenses etc., 4. The Opposite

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