|
I am a resident of Ludhiana. In July last year, several of my household appliances got damaged because of steep fluctuations in power supply. The service provider is not compensating me for my losses despite several requests. Can I go to the consumer court? Since steep fluctuations in power supply constitutes deficiency or negligence in the service, you can hold the service provider accountable for the consequent losses. However, you will have to prove that (a) there was steep power fluctuation and (b) that it damaged the appliances. Or to put it differently, you have to establish that the damage to the appliance was caused by the voltage fluctuation. As soon as you come across such damage, you should complain to the service provider and also request (in writing) that an electrical inspector or any official competent to inspect the damage and assess the loss be sent immediately. That official's report would form the most important evidence in such cases. If the undertaking fails to send anyone, record that too, in writing. You could also call a certified loss assessor or a surveyor to independently assess the damage to strengthen your case. If the fluctuation has affected the neighbouring houses, get letters from them too to back your claim of erratic power supply. Armed with this evidence, you can file your complaint before the consumer court. You can even join other residents who have suffered similarly and file a class action suit.
If the fluctuation has affected the neighbouring houses, get letters from them, too, to back your claim of erratic power supply. Armed with this evidence, you can file your complaint before the consumer court. You can even join other residents who have suffered similarly and file a class action suit
We have been having lot of problems with the power supply in our area and want to go to the consumer court. Are there any decided cases wherein the consumer court has awarded damages for loss caused by voltage fluctuations? In Haryana State Electricity Board vs Anand Medicos (RP No 563 of 2002), the National Consumer Disputes Redressal Commission upheld the order of the State Commission directing the Haryana State Electricity Board to pay the consumer a compensation of Rs 2,19,316, along with 12 per cent interest. His case was that a steep surge in voltage had caused a short-circuit and the resultant fire had destroyed the medical supplies in his shop, besides a refrigerator and a television set. The surveyor in this case had assessed the loss at Rs 2,19,316. Similarly, in Rajendra Kumar Tripathi vs Chairman, Uttar Pradesh State Electricity Board, Lucknow and General Manager, KASA (presently KESCO). (First appeal no 80 of 2001) the National Commission directed the UP State Electricity Board and the Kanpur Electric Supply Corporation (KESCO) to pay the consumer Rs 1.75 lakh, along with six per cent interest calculated from the date of filing the complaint. This was meant to compensate the consumer for the destruction of household gadgets on account of a sudden voltage spike. Here, one of the main arguments put forward by the electricity board was that under the Electricity Rules, the electricity inspector was the competent authority to assess the loss and there was no report from him. Brushing aside such a contention, the Commission pointed out that first of all, an assistant engineer who had visited the house of the complainant had confirmed that the loss was caused on account of the HT line coming in contact with the LT line. Secondly, despite Mr Tripathi's complaint and repeated reminders, the service provider did not appoint an inspector, as required under the law. Eventually, the consumer was forced to approach the District Collector, who in turn appointed the tehsildar. There was nothing wrong in the tehsildar assessing the loss, considering that in cases of natural or man-made calamities, the collector or the tehsildar often assessed the loss caused, the Commission said.
|
|||