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BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION:HYDERABAD

(ADDITIONAL BENCH)

FA. No.103/2021 AGAINST ORDERS

IN CC. No.14/2017

ON THE FILE OF DISTRICT FORUM, ADILABAD

Between :-

1.The Superintending, Engineer, TSNPDCL, Adilabad,

Dist, Adilbaad.

…..Appellant/Opposite party.

And

Gundaveni Lasum Bai, W/o. Mallesh Age:- 59 Yrs, Occ:- House Wife,

R/o. H.No.1-6-239, Shanthinagar Street, Adilabad.

…Respondent/Complainant

Counsel for the Appellant :M/s. Mir Aqueel Ali Counsel for the Respondent : Sri. Peri Venkatramana

QUORUM: Hon’ble Sri K.Ranga Rao - Presiding Officer-

Member- (Judicial).

&

Hon’ble Sri V.V.SESHUBABU- Member ( Judicial).

WEDNESDAY, THE 25^th DAY OF MARCH, TWO THOUSAND TWENTY SIX

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

Member - (Judicial).

1. This appeal is filed by the Appellant/opposite party U/s.41 of the Consumer Protection Act, 2019 praying this State Commission to set aside the impugned order dt.18.12.2019 passed in CC.No.14/2017 of the District

Forum, Adilabad, and consequently to allow the appeal as prayed for.

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2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellant herein was opposite party and the Respondent were complainant in the CC. No. 14/2017 before the District Forum, Adilabad.

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

The complainant is mother of deceased Gundaveni Dattu,

S/o.Mallesh, Age:26 yrs, Occ:Catlle Grazer, R/o. Shanthinagar, Adilabad. On 21.10.2015 at about noon hours complainant’s son Gundaveni Dattu, while he was cattle grazing when reached S.P. Camp Officer, Adilabad, a wire supporting to the electric pole touched the deceased Gundaveni Dattu and he was electrocuted immediately he was shifted to RIMS. Adilabad where the doctors noticed that he was died. On a complaint the police of PS Adilabad 1 town registered a case in Cr.No.317/2015, U/Sec. 174 Cr.P.C. Complainant’s son namely Gundaveni Dattu was hale and healthy, aged 26 yrs at the time of his death and used to earn Rs.12,000/- per month by cattle grazing and used to contributes his entire earnings on the welfare and benefits of complainant. Due to untimely death of her son, the complainant suffered a lot physically, mentally and monetarily. The complainant’s son electrocuted and died accidentally due to careless and negligent acts of officials of Opposite Party failed to maintain proper services due to which the Complainant’s son electrocuted and died. The acts of Opposite Party are clearly shows that the

service is very highly deficiency, negligently and carelessly.

4. Upon receipt of notice counter filed by Opposite Party. It is further submitted that no information has been received in the department of the Opposite Party with regard to the electrocution and death of the deceased. After receipt of the notice from the Hon’ble forum, this Opposite Party has instructed the concerned officials to inspect the spot and make enquiries and

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report. The concerned Addl. Engineer, Adilabad South has visited the spot and made enquiries and reported that the deceased neither was electrocuted and nor he died due to electrocution. The complainant has set up the false case to claim compensation from the Opposite Parties. The allegation of the complainant is that the deceased while grazing cattle near the camp office of S.P. Adilabad came into contact with a live supporting wire of electric pole and that as a result of which the deceased was electrocuted and died are false and baseless and are created, as the deceased died not due to electrocution and as such the complainant is not entitled to claim compensation from the Opposite Parties. After receiving the notice from the Hon’ble forum and at the instructions of this Opposite Party, the Addl.Asst. Engineer (OP) TSNPDCL, Adilabad South had inspected the spot, made enquiries and sent a letter to the effect that no electrical incident took place as alleged by the complainant and the deceased did not di