SHARUTI SHAUKEEN Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) Mr. Shaukeen Singh was a Staff Correspondent of a Newspaper at Chandigarh and he was allotted residential House No. 111, Sector 19/A, Chandigarh by the Administration. The electric wires were allegedly defective and required repairs. These were changed in 1989 and circuit breakers were also installed. The complainants were given to understand that in case of any leakage of electric current or any other defect in the circuit, the breaking unit will automatically cut off the electricity supply. On 4.5.89 at about 7.30 p.m. Shaukeen Singh handled the room cooler installed in the aforesaid residential premises and he was electrocuted. It has been alleged that it was on account of leakage of electricity and defective circuit breaker installed by the respondent. It has been further averred that had the electricity installation been proper, checked and maintained, this accident could certainly be avoided. Shaukeen Singh was aged 40 years and was getting Rs. 4,000/- per mensem and had he survived he could progress further in his career. The service rendered by the respondent was defective resulting in this occurrence and the compensation has been claimed in the sum of rupees ten lacs by the widow and two minor children of the deceased.

(2.) A reply has been filed on behalf of the respondent wherein it has been averred that the complaint is not maintainable under the Consumer Protection Act, 1986 because the complainant first approached the Civil Court but the suit was dismissed and the second remedy is not admissible. On merits it has been averred that electrical installations in the permises in question were replaced by the department in routine alongwith other Government houses in the locality in October, 1988. The function of the respondent is to do the wiring and maintenance of electric points which are to be used. Respondent was not responsible for the loss occurring due to use of other appliances and gadgets like room cooler etc. The maintenance of the gadgets is the responsibility of the owner of the house. The department is not responsible for the mishap on account of defective appliances/ gadgets utilised by the occupants. No complaint was received regarding wiring. All the circuits were protected through MCB's and they were functioning properly. No understanding was given to the complainant that even in the event of any leakage of the current it will automatically cut off the electric supply. The premises of the complainant like over Government houses were properly earthed. Mrs. Rita Sharma was major and was fully aware of the proper use of the electricity in the house and in case she found any defect in the wiring or in the circuit breakers she could have immediately the lodged complaint at the complaint centre of the Department which she never did. It is incorrect that leakage of electricity was due to defective circuit breakers installed at the premises of the complainant. The room cooler be-longed to the deceased. On an investigation it was found that the room cooler was connected to light plug through two core cables (without earth wire) and without plug top for feeding power to the cooler. The protection of earth wire provided in the socket was not availed of by the deceased while handling the cooler. In such circumstances the leaked current from defective cooler passed through the body of the person who was handling the gadget resulting in electrocution. Had the occupant of the house used three core cable and made use of earth terminal available in the light plug from where the supply of cooler was taken, there would have been no case of electrocution of the body of deceased. It has further been averred that no fault was noticed in the electricity installation at the time of inspection. The complainants are not entitled for any compensation because the suffering if any was their own lapse on account of use of defective cooler.

(3.) The complainants had been the consumers of electric supply provided by the respondent and we hold that this complaint is maintainable under the Consumer Protection Act, 1986.