SECRETARY, KSEB, THIRUVANANTHAPURAM Vs. VIJAYALEKSHMI
LAWS(KERCDRC)-2010-3-13
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 03,2010

Secretary, Kseb, Thiruvananthapuram Appellant
VERSUS
VIJAYALEKSHMI Respondents

JUDGEMENT

- (1.) THE appellants are the opposite parties/KSEB in CC No. 55/2008 in the file of CDRF, Kollam. The appellants are under orders to pay sum of Rs. 24,650 as compensation and Rs. 1,000 as costs.
(2.) THE case of the complainant is that on 25.8.2007 in the midnight 66 KV line near the house of the complainant fell on the single phase line and as a result on account of high voltage of energy passed the electric and electronic devices at the house of the complainant and others were damaged. Although the matter was intimated to the officials of the opposite party, they have not cared to look into the matter. The complainant and 6 others have on 15.9.2007 filed complaint before the 4th opposite party Executive Engineer. But no action has been taken. They have not assessed the loss sustained to the complainant and others. Lawyer notice sent was replied to mentioning untenable contentions. It is only on account of the negligence of the opposite parties that the incident has taken place. The complainant s electronic equipments i.e., TV worth Rs. 14,500; DVD player costing Rs. 4,000; CD cassette player valued at Rs. 3,000; satellite radio valued at Rs. 2,000 and V Guard stabilizer worth Rs. 1,000 were damaged. The complainant has sought for payment of the above amounts i.e., Rs. 24,500.
(3.) THE opposite parties have filed version admitting the incident but denying the alleged damages to the electronic equipments. It is denied that any complaint has been lodged before the authorities. It is contended that the incident has happened due to heavy rain and storm. It is further contended that it was the duty of the complainant to install safety devices. It is only on account of the low quality of fuse wire used that the damages if any might have occurred. The evidence adduced consisted of the testimony of PW1, DWs 1 and 2, Exts. P1 to P4 series and D1 and D2.;


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