Legal Question in Consumer Law in India

In a recent case the Electricity Board and a TV Cable operator firm were jointly penalized by both District and State Forum(Karnatakas) for deficiency of service when a boy was electrocuted in his house and died during the time he was fixing a wire in his TV. The deceased�s father pleaded that the cable operator had used the electrical pole to draw the TV wire that ultimately got the high current induced from an adjacent bare electrical wire. Both Electrical Company and Cable operator disowned responsibility on grounds that the wire was drawn with out their knowledge. But the forums held it was the duty of the electrical and cable operator company to ensure by periodical inspection and advise to their workers that fatalities do not occur on short circuits. Having failed there was deficiency in service.

This is a case of an un-natural death calling for detailed examination of witnesses and medical report of doctors. Crossing of wires are unavoidable in cities and it is impossible that inspections are done in routine way to stop them. During rainy season we read from dailies that few getting electrocuted when they held to the electrical poles to get some balance. Will the Consumer Forums blame the Electrical Companies on deficiency of service in not ensuring wet poles do not cause accidents?


Asked on 12/08/09, 2:51 am

1 Answer from Attorneys
Mantosh Sarkar M.Sarkar & Associates

Your query has two part. In the first part both District and State commission has apparently justified the case on the plea that due care was not taken. Though it is not passible to

overview the entire situation due to our work culture.

In 2nd para I like to opine that it may be treated as natural phenemon and it is beyond aybody's

control so one should have proper knowledge of nature of electricity and it's usuage. It is merely

limitation which cannot be corrected by any act of law.

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Answered on 12/08/09, 8:35 am


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