- (1.) THIS appeal is directed against order dated 10.2.2009, passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short), in complaint case No. 382/07, whereby the appellants herein have been directed to pay Rs. 5,00,000 as compensation to the complainant / respondent on account of death of son of the respondent by electrocution, holding that the appellants were deficient in service and it was the cause of death of son of the complainant.
(2.) BRIEFLY stated the facts of the case are that the respondent / complainant D. Prakash Rao is residing in House No. 17/3, Vasundhara Nagar, Bhilai -03 and was having electric connection vide consumer No. 1000161663. It is alleged that Mr. K.P. Banchhore, residing in House No. 17/4, Bhilai -3, neighbouring to the house of complainant, with the help of an electrician changed the direction of supply line of electric supply to house of the complainant. Such line was going over the house of K.P.Banchhore, who cut that service line and then with the help of Iron angles placed on the wall, without taking measures for insulation, diverted the way of supply line. He had also made complaints to the appellants herein on two occasions, but no action was taken by the appellants. On 22.11.2005, when the son of the complainant was taking bath in bathroom, then all of a sudden on account of severe electric current, passing through the door of the bathroom, he suffered electric shock and died due to electrocution. It is alleged that this was on account of failure of the appellants herein in performing their duties even after complaint and so it was deficiency in service.
(3.) THE appellants herein, in reply of the complaint, have refuted the allegations levelled against them and averred that as per the provisions of Electricity Act and Electricity Supply Code, certain standards have been set and the consumers are also expected to take care of electric lines. So far as changing direction of the service wire is concerned it was not informed to the appellants by anyone and so the incident had not happened, on account of some action or inaction of the appellants. It has been averred that Shri K.P. Banchhore has not been made party in the complaint. It has also been objected that the Electricity Board itself has not been made party in the complaint, though they were all necessary parties. It has also been averred that the matter involves complicated questions of facts and Law and allegation of some crime and such matter cannot be decided by summary jurisdiction available to the District Forum. Thus, prayer for dismissal of the complaint was made. Learned District Forum agreed with the contention of the complainant and directed the appellants to pay compensation.;