- (1.) An extremely narrow and pedantic approach adopted by the National Consumer Disputes Redressal Commission (for short, 'the National Commission') in dealing with the issue of limitation and consequential dismissal of the complaint filed by her for award of compensation in lieu of the death of her husband has compelled the Appellant to seek intervention of this Court. The Appellant's husband Shri Jagbir Singh was employed with Mahanagar Telephone Nigam Ltd., Delhi. On 5.2.2000, he suffered 85% burn injuries on his body due to sudden bursting of the transformer installed by Respondent No. 1-U.P. Power Corporation Ltd. He succumbed to the injuries leaving behind the Appellant and three minor children.
(2.) The Appellant claims to have made representation dated 28.7.2000 to the Respondents for award of Rs. 25,00,000/- as compensation but they did not respond. Therefore, she filed Civil Suit No. 196/2000 in the Court of Civil Judge (Senior Division), Ghaziabad for payment of compensation of Rs. 20,00,000/-. The same was dismissed on account of non-payment of deficit court fees amounting to Rs. 1,50,607.50. Her plea for waiver of the court fee was also rejected by the trial Court vide order dated 7.8.2000.
(3.) The Appellant then filed a petition under Article 226 of the Constitution and prayed for issue of a mandamus to the Respondents to pay compensation by alleging that her husband had died due to their negligence. The same was dismissed by the Division Bench of the High Court by observing that the Appellant can avail remedy by filing civil suit. SLP (C) No. 5210/2002 filed by the Appellant against the order of the High Court was summarily dismissed by this Court on 15.3.2002.;