C G M P AND O NPDCL vs KOPPU DUDDARAJAM

-THIS is a case where a live high-tension wire fell on a farmer when he was sitting in front veranda of Gram Panchayat office along with two other persons. He immediately removed it with his hands resulting in severe electrocution and spot death.

PARENTS of the deceased filed a complaint before the District Forum alleging negligence and deficiency in service on the part of the electricity company NPDCL Warangal. FIR was lodged on 10. 8. 2001 and the Government doctor conducted the post-mortem examination on the body of the deceased complainants were totally dependent upon the earnings of their son for their livelihood. As the electricity company NPDCL (herein after referred to as Company) did not respond to their request for compensation they were compelled to file a complaint before the District Forum which was contested by the Company stating that on 9. 8. 2001 there was gale at that time and due to the said gale the live electric wire suddenly fell on the roof of the Gram Panchayat building and not on the deceased and it was an act of God and he died due to his own negligence and the complaint was time-barred. The Company also raised the objection that the complainant is not a consumer. The District Forum held that every villager has right to access to the Gram Panchayat Office and right for payment of taxes and seeking facilities such as street lights, drainage and library, etc. As the villagers pay taxes to the Gram Panchayat and pays consumption charges to the Company the complainants were beneficiaries to the service provided by the Company. Though the complainants have claimed Rs. 6 lakh as compensation, District Forum awarded Rs. 2,50,000 as compensation along with interest @ 9% p. a. from the date of the complaint i. e. 2. 1. 2006 till the date of payment along with Rs. 1,000 as costs.

Dissatisfied by the order of the District Forum the Company had filed an appeal before the State Commission with the delay of 192 days.

THE State Commission held that no justifiable reason for the delay has been given except making a generalized statement that the delay was due to obtaining necessary sanction for filing the appeal and also held that no record was filed to indicate what steps have been taken by the appellant Company between the date of pronouncement of the order and the date of filing the copy of the application. State Commission further held that order passed by the District Forum is a well reasoned and there is no merit in the appeal. Accordingly, the appeal was dismissed. At the time of admission hearing of the revision petition learned Counsel for the petitioner submitted that consumer fora cannot entertain any complaint for mental agony. Further in this case, the petitioner negligently caught hold of the live electric wire with both hands and threw it away which resulted in electric shock. There was no need for him to do so. We find both these submissions are ill founded. Records of the case and report of the post-mortem examination indicate that the live electric wire which fell on the deceased due to heavy gale which he tried to throw away by both his hands resulted in injury to his both palms and electric shock percolated to the body and he died instantanoeously.

DISTRICT Forum has analysed the case in succinct details and come to the correct conclusion that the deceased is a consumer under the Consumer Protection Act and had every right to sit in front of the Panchayat Office. Village Panchayat Offices are set up under Panchayat Raj system following the democratic decentralization process as envisaged in the Constitution of India and village Panchayat uses electricity for its office and street lights and pays for the same. The villager pays taxes to village Panchayats and power consumption charges to the electricity company hence they are the consumers. Accordingly, we do not see any material irregularity or jurisdictional error in the orders passed by the lower Fora. Therefore, this revision petition is dismissed. Revision Petition dismissed.