MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED & ANR Vs. SHAHJANBEE W/O IBRAHIM SHAIKH; AFREEN D/O IBRAHIM SHAIKH; PARVIN; MEHBOOB; SANIYA; JAMALSAB

JUDGEMENT

(1.) Challenge in these two Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by Maharashtra State Electricity Distribution Co. Ltd. through its functionaries, the Opposite Parties in the Complaints, is to a common order dated 21.09.2016, passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad (for short "the State Commission") in First Appeals No. 691 and 692 of 2015. By the said order, the State Commission has overturned two orders, both dated 03.09.2015, passed by the District consumer Disputes Redressal Forum, Latur (for short "the District Forum") in Complaint Cases No. 129 and 128 of 2014 respectively. First Appeal No. 691 of 2015 was filed by the original Complainant, namely, Shahjanbee w/o Ibrahim Shaikh, whereas First Appeal No. 692 of 2015 was filed by the Complainant on her own behalf and that of her minor children and father-in-law.

(2.) In the first instance, the District Forum had dismissed both the Complaints, filed by the Respondents, alleging deficiency in service on the part of the Petitioners herein in poor maintenance of the service wire, which came in contact with the main gate of their premises, resulting in electrocution of two members of the family of the Complainant, namely, her husband and daughter, aged 44 years and 14 years respectively, on the ground that (i) the Complainant(s) was not a 'consumer' as defined under the Act; and (ii) they had managed the report of Electrical Inspector, which was filed during the pendency of the Complaints.

(3.) As noted above, relying upon the report of the Electrical Inspector, the State Commission has come to the conclusion that there was deficiency in service on the part of the Petitioners as the service wire was not properly laid; the same touched the main gate made of iron; the said wire had become weak and had caused damage at different places of the gate, which caused the electric current, resulting in the loss of two human lives due to electrocution, observing thus: