Decided on April 13,2009

Beyatris Rolente Respondents


K.R.UDAYABHANU, PRESIDENT - (1.)The appellants are the opposite parties/KSEB in OP.696/98 in the file of CDRF, Trivandrum. The appellants are under orders to pay a sum of Rs. 1,05,000/ - with interest at 16.5% and cost of Rs.2000/ - to the complainant. The case of the complainant 7 in number is that they are separate consumers of the KSEB having different consumer numbers. On 10.9.1998 at about midnight the electrical equipments, furniture etc inside the house of the 1st complainant got totally damaged on account of fire that emanated due to excessive flow of electricity. The interiors of the house got set fire and it was the fire force that put out the fire. The 1st complainant and her daughters had a providential escape. The incident was occasioned on account of the short circuit in the electric line. The police also inspected the premises in the night itself. The electric line from the post in front of the 1st complainant was found snapped. The snapped wire was the neutral wire. So, as a result the neutral was also converted into phase and there was a flow of double voltage. On the next day morning the line men of the opposite parties rejoined the snapped wire. In the neighboring houses also there was over flow of electricity and damages were caused. On 7.10.1998 officials from the electrical inspectorate inspected the house and made enquiries. The 1st complainant was employed at Paris for more than 15 years and her relatives are working in western countries. A number of costly items were kept in her house. On account of the proposed marriage of the elder daughter of the 1st complainant the house was painted about 2 months back. The articles damaged in the 1st complainants house has been elicited in the complaint. The same amounts to 26 items. With respect to the other complainants there sustained minor loss. The 1st complainant has claimed a sum of Rs. 2,26,718/ - towards the value of the articles damaged and Rs.50,000/ - as compensation for mental agony etc.
(2.)The 3rd opposite party on behalf of the opposite parties 1 to 3 and 6. KSEB authorities have filed a version totally denying the allegations. The alleged short circuit is denied. It is pointed out if short circuit occurs in the line the section fuse or transformer fuse will be off instantaneously. The system is so designed to avoid occurrence of any such accident. It is also pointed out that the metering equipment in the house of the complainant was intact. If short circuit had occurred the meter would be damaged. It is pointed out that the earth wire in the premises of the complainant were seen connected by rusted GI nut and bolt. That was also connected with a wire having several joints. It is the responsibility of the complainant to keep the internal insulation defect free. No complaint was made in the section office from the nearby area. The officials who visited the area on 11.9.1998 found that the meter as well as the service wire were in good condition. It is denied that the snapping of the electric line in the area is a daily occurrence as alleged.
(3.)The evidence adduced consisted of the testimony of PW1, PW2, DWs1 and 2, Exts.P1 to P13(e), D1 to D6 and Exts.X1 to X3.

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