ASST EXE ENGINEER ELECTRICAL MAJOR SECTION,VIYYUR,THRISSUR AND ORS Vs. PULLARKKATTIL SIVADASAN PADUKKAD, PO VIYYUR AND ORS
LAWS(KERCDRC)-2010-1-7
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 01,2010

Asst Exe Engineer Electrical Major Section,Viyyur,Thrissur And Ors Appellant
VERSUS
Pullarkkattil Sivadasan Padukkad, Po Viyyur And Ors Respondents

JUDGEMENT

- (1.) THE Appellant is the opposite party/KSEB in OP.777/03 in the file of CDRF, Thrissur. The appellants are under orders to pay different amounts to the 9 complainants as specified in the order and also Rs.1000/ - each as compensation and to all the complainants together a sum of Rs.2500/ - as cost.
(2.) IT is the case of the complainants that the 9 complainants with different consumer Nos. had sustained loss on account of damage to the electrical household equipments on account of over voltage on 30.6.03. Each of the complainants have claimed different amounts depending on the value of the damaged electrical equipments like TV, Fridge, Mixi, Fan etc.
(3.) OPPOSITE parties/appellants have contended that the over voltage that happened was not on account of any deficiency in service on their part. It is also contended that the damage was due to lightening or natural calamities. On the particular day on application of one K.G.Chandran, one of the consumers, the electrical supply was cut off from 10 AM including overhead LT line and transformer. It is also contended that the plants near about are seen blackish due to fire. The same can be due to lightening and thunder. If voltage stabilizers were used the equipments would not have damaged. If there was appropriate fuse service connection the connection would have been cut off. The consumers ought to have switched off the main switch during lightening and thunder. As per Section 27 of the Conditions of Supply, the Board is not liable to compensate the damage is due to natural calamities. The evidence adduced consisted of Exts.P1 series 16 in Nos. and C1.;


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