CHHATTISGARH STATE POWER DISTRIBUTION CO LTD Vs. MUKESH KUMAR SATNAMI & 2 ORS S/O SHYAM LAL SATNAMI

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 01.03.2017 of the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (in short, 'the State Commission') in Appeal no. 466 of 2016. This appeal was filed by the petitioner before the State Commission against the order of the District Forum whereby the complaint of the respondent was allowed vide order dated 30th June 2016. The grievance of the petitioner iss that the State Commission has wrongly dismissed the appeal and has failed to consider the fact that the complainant/ respondent has not sent due notice of breaking of the neutral wire and also ignored the rules 5.5 and 5.6 of the Chhattisgarh State Electricity Supply Code 2011 while giving the finding that there was deficiency in service on the part of the petitioner.

(2.) The brief facts of the case necessary for the disposal of the present revision petition, are that a regular domestic electric connection was given to the house of Firtu Ram Lahre in village Kenapali against BP Number 1003531960 by the petitioner. Rukhmani Bai wife of Mukesh Satnami is a consumer of the said electricity. The complaint in the complaint dated 18.05.2015 had stated that the neutral wire transmitted by the petitioner to their house had been broken. He duly informed the department of this fact. The electricity department however, did not pay any heed to his complaint. On 19.05.2015, wife of Firtu Ram Lahre switched on the cooler at about 12.00 noon and due to the electric current flowing through it she got electrocuted due to the electric current which was leaking in the cooler which was due to the snapping of the neutral wire she become unconscious and was immediately taken to the hospital but she was declared brought dead in the hospital. A police complaint was lodged with PS Kharsia and the post mortem report was also got done. In the post mortem report the cause of the death was death due to electric current. The husband and her children has alleged that there was a deficiency in service on the part of the petitioner and claimed a compensation to the tune of Rs.16,77,000/- along with litigation expenses.

(3.) The petitioner contested the complaint, wherein it has been stated that she died due her own negligence as she did not take any precaution. They also took the plea that their responsibility was till the supply points to the consumer and that the consumer has never informed about the breaking of the neutral wire to the department and the documents to this effect was forged and fabricated.