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2025 Supreme(Online)(SCDRC) 38856

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Smt. Kodapa Ganga Devi – Appellant
Versus
1.The Asst Engineer TSNPDCL/TSTRNSCO – Respondent
SC/36/A/69/2021



Petitioner Advocates:M/s. A. Naveen Kumar ,Respondent Advocate:

ADDITIONAL BENCH BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD FA. No. 69/2021 AGAINST ORDERS IN CC. No.205/2019 ON THE FILE OF DISTRICT FORUM, ADILABAD Between :-

Smt. Kodapa Ganga Devi W/o. Kodapa Jaithu Aged:35 Yrs Occ:- Housewife R/o. H.No.3-9, Salpalaguda, Wanwat, Dist:Adilabad.

.….Appellant/Complainant.

And

1. Assistant Engineer, TSNPDCL/TSTRNSCO Power House Complex, Adilabad.

2. The Divisional Engineer, TSNPDCL/TSTRNSCO Power House Complex, Adilabad.

3. The Superintending Engineer, TSNPDCL/TSTRNSCO Power House Complex, Adilabad.

4. The Chief Managing Director, TSNPDCL/TSTRNSCO Warangal.

……. Respondents/Opposite parties Counsel for the Appellants : M/s. A.Naveen Kumar Counsel for the Respondent No.1 to 4 : Notice Served QUORUM: Hon’ble Sri K.Ranga Rao - Presiding Officer-

Member- (Judicial).

&

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

WEDNESDAY, THE 3rd DAY OF DECEMBER, TWO THOUSAND TWENTY FIVE *****

Order : (Per Hon’ble Sri K.Ranga Rao- Presiding Officer-

Member - (Judicial).

1. This appeal is filed by the Appellant/Complainant U/s.41 of the Consumer Protection Act, 2019 praying this State Commission to set aside the orders of District Forum, Adilabad passed in CC.205/2019 dt.06.1.2021 and pass such other order/s as prayed for.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The appellant herein were Complainant and Respondents was the opposite parties in the complaint bearing No.CC 205/2019 before the District Forum Adilabad.

3. The brief case of the complainant is as follows:-

The complaint is R/o.Salpalaguda, Wanwat of Adilabad District and she is mother of deceased Kodapa Laxmi Bai. That on 11.05.2019 at about 12.00 p.m. the deceased Kodapa Laxmi Bai (Herein after called as deceased for the sake of convenience) went to the house of Sidam Lasmu, who is relative of complainant for watching T.V. and at about 12.30 the deceased touched the cooler due to which she came into contact with electrocution and died on the spot due to high voltage power supply. Immediately dead body was shifted to RIMS hospital Adilabad. Upon report lodged by the complainant, P.S. Adilabad Rural registered a case in Cr.No.55/2019, U/Sec. 174 of Cr.P.C. The Police got conducted autopsy over the dead body of the deceased and also P.M.E. That the deceased was hale and healthy and aged about 11 yrs at the time of her death and was studying 5th class. Due to sudden death of the deceased the complainant sustained loss of love and affection over the deceased. The deceased died due to electrocution with high voltage supply which clearly shows the negligence and carelessness service of the Opposite Parties and there was no negligence or fault on the part of the deceased and also there was no defect in the cooler, hence the Opposite Parties are jointly and severally liable to pay compensation to the complainant as the complainant is consumer and having the service connection. That due to supply of high voltage the complainant and other vicinity consumers also sustained loss, but the loss sustained by the other consumers of vicinity of complainant is very low than the complainant as such they did not chose to lodge any complaint with the Opposite Parties or to any other concerned department. The complainant lost her daughter in the above said accident, as such the complainant lodged report with the police against the opposite parties and knocking the doors of this commission for redressal for her grievance. That complainant got issued legal notice on 08.07.2019 demanding the Opposite Parties for payment ex-gratia of Rs.5,00,000/-. Inspite of receiving the notice the Opposite Parties neither chose to give reply nor made any payment to the complainant. As such the above acts of the Opposite Parties nothing but deficiency in service and complainant is entitled for compensation, contending so prayed to allow the complaint.

Upon receipt of notice the Opposite Parties appeared. The Opposite Parties re

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