MASTER SHIVAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a complaint under Section 17 of the Consumer Protection Act (hereinafter referred the Act ), with the allegations that the complainant and his family members are permanent residents of Shanti Avas Yojna, Chhatnag Road, Jhunsi, Allahabad where the incident took place on 26.7.2000. It was further stated that on 26.7.2000 at about 3.15 p.m. electric transmission wire of 11000 volts came in contact of the residential telephone wire of domestic telephone connection No. 667153 and the complainant Shivam Singh sustained grevious injuries on different parts of the body while he came in contact of the telephone instrument.

(2.) CONSEQUENTLY different nature of compensation was called for in the complaint. In the written statement the plea of opposite parties 1 and 3 has been that there was no deficiency in service on the part of the Telephone Department rather it was a result of use of unauthorised non -departmental yellow colour telephone instrument installed by the subscriber without permission of the department. It was also pleaded that touching of 11000 volts electric line with the telephone line was not established. It was also pleaded that telephone works with only 50 D.C. supply which is not harmful and it was further pleaded that the complainant failed to prove that it was on account of deficiency in service rendered by answering opposite parties that the present accident took place. The opposite parties 2 and 4 set up a plea that the complainant was not the consumer and at no point of time any deficiency in service was committed. The complainant failed to prove that it was on account of fault of electricity wire that the present accident took place. Thus two points arise for active consideration.

(3.) AS regards first point is concerned it is clear that in the instant case that at no point of time the complainant or his father or any other member of the family living in that house had any power connection for their use.