BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

FA. No. 105/2021 AGAINST ORDERS IN CC. No.301/2018 ON THE FILE OF DISTRICT FORUM, ADILABAD Between :

1. Assistant Engineer, TSNPDCL Ltd., Chinthamanepalli.

2. Divisional Engineer, TSNPDCL, Ltd., Sirpurkagazanagar.

3. Superintending Engineer, TSNPDCL Ltd., Kumrambheem, Asifabad.

4. Chief Managing Director, TSNPDCL, Ltd., Warangal.

…..Appellants/opposite parties And

1. Shila Ray, W/o. Sukumar Ray @ Shukumar Ray, Aged about 32 years, Occ:- Agriculture.

2. Malathi Ray, D/o. Sukumar Ray @ Shukumar Ray, Aged about 11 years, Occ:- Student of II Class.

3. Amit Ray, S/o. Sukumar Ray @ Shukumar Ray, Aged about 9 years, Occ:- Student of II Class.

4. Manish Ray, S/o. Sukumar Ray @ Shukumar Ray, Aged about 5 years.

5. Prasant Ray S/o. Shivpada Ray, Aged about 68 years, Occ:- Agriculture.

6. Susma Ray W/o. Prashanth Ray, Aged about 60 years, Occ:- Housewife.

Complainants 2 to 4 are minor’s rep. by their mother, Natural guardian complainant No.1, Shila Ray. All native, Of H.No. 2-28, O.C. Colony Ravindranagar, Camp No.1, Chinthamanepalli Mandal, District Komrabheem, Asifabad.

…Respondents/Complainants Counsel for the Appellants/ opposite parties : M/s. Mir Aqueel Ali Counsel for the Respondents/ Complainants : PIP QUORUM: Hon’ble Sri K.Ranga Rao - Presiding Officer-

Member- (Judicial).

&

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

TUESDAY, THE 23RD OF SEPTEMBER, TWO THOUSAND TWENTY FIVE *****

Order : (Per Hon’ble Sri K.RangaRao, Member -Judicial)

1. This appeal is filed by the Appellants/ opposite parties U/s. 41 of the Consumer Protection Act, 2019, praying this State Commission to set aside the impugned order of the District Forum, Commission, Adilabad passed in CC. No. 301/2018 dt.16.12.2020 as prayed for.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellants herein was the opposite parties and the Respondents was the complainants in the CC. No. 301/2018 before the District Commission.

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

The Complainant No.1's husband Sukumar Ray @ Sukumar Ray, Age :- 34 yrs, Occ:- Agriculture, while proceeding to agricultural field all of sudden H.T. Line wire snapped and fell on Complainant no. 1's husband Shukumar Ray @ Shukumar Ray, due to which he electrocuted and fell unconscious, immediately while shifting to Govt. Hospital on the way to hospital he died. The said incident occurred only due to high voltage supplied, due to negligence service of Opposite Parties No. 1 to 4 officials. On a complaint the Police of P.S. Chinthamanepalli, registered a case in Cr.No. 114/2018. Complainant No.1 is wife, complainant No.2 to 4 are sons and daughter and complainants No.5 & 6 are parents of deceased Sukumar Ray @ Shukumar Ray. The deceased was hale and healthy, aged 34 yrs at the time of accident. But due to untimely death of deceased, complainants No.1 to 6 lost their only earning member as they were depend or the earning of deceased, due to which complainants caused mental shock and fell in sorrow and also suffered a lot physically, mentally and monetarily. Hence the Opposite Parties No. 1 to 4 are jointly and severally liable to pay compensation to the complainant. The complainants issued legal notice to the Opposite Parties No.1 to 4 to pay the compensation of Rs.18,00,000/- to the complainants, but the Opposite Parties neither paid the compensation nor replied the notice. The deceased died due to electrocution, due to fallen HT line wire on the deceased, due to negligent and carelessness service of the Opposite Parties No.1 to 4 officials, which clearly shows deficiency in service of opposite parties No.1 1 to 4 are jointly and severally liable to pay compensation to the complainants.

Upon receipt of notice the Opposite Party No.2 filed counter. The Opposite Party No.1,3 & 4 filed a memo to adopt the counter filed by the opposite party no.2. The other allegations made in the complai