NORTHERN POWER DISTRIBUTION CO. LTD Vs. ALWALA MANGAMMA

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 20.02.2013 passed by A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Appeal No. 48 of 2012 Alwala Mangamma & Ors. Vs. Northern Power Distribution Co. Ltd. & Ors. by which, while allowing appeal, order of District Forum dismissing complaint was set aside and complaint was allowed.

(2.) Brief facts of the case are that complainants/respondents are wife and children of deceased Alawala Krishnaiah. It was further alleged that they own a house and obtained electricity service connection for domestic purpose and were paying electricity charges to OP/petitioners regularly. On 13.11.2010 at 5.30 p.m. deceased Alawala Krishnaiah while taking towel came into contact with the service connection wire portion in between the pole No. 28/T and electricity meter and died due to electrocution. FIR was lodged. Notice was issued to OPs to pay compensation of Rs.10,00,000/-. As no response was received, alleging deficiency on the part of OP, complainants filed complaint before District Forum. OP No. 3 filed written statement and submitted that Alwala Mangamma died due to his own negligence. It was further submitted that service connection was higher rated one and the same ought to have been decreased to low rated electricity and due to higher rated electricity, the service wire and its insulation melted resulting in the electrocution. OP is responsible only for connection in between pole to pole, but not pole to service meter and its wire. Denying any deficiency, OP prayed for dismissal of complaint. OP Nos. 1 & 2 adopted the same written statement. Learned District Forum after hearing both the parties, dismissed complaint. Appeal filed by the complainants was allowed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the petitioners on the application for condonation of delay and perused record.