Haul up power supply firms if voltage fluctuation damages electrical goods
INSTEAD OF CONTESTING DECISIONS OF CONSUMER COURTS IN CASES SUCH AS THESE, POWER SUPPLY UNDERTAKINGS SHOULD THINK OF HOW BEST TO IMPROVE THEIR SERVICES
Have steep voltage fluctuations in the power supply been damaging your household electric and electronic goods? It’s time you hauled up the power supply undertakings for their flawed service and got them to recompense you for your losses.
One of the first such cases against the electricity department was filed by the Bellary Citizens Forum, Bellary, Karnataka, way back in 1990, on behalf of nine users, whose household gadgets had gone out of order on account of steep fluctuations. However, even though the consumer court at the district level awarded compensation to the consumers, the consumer court at the state level took a very narrow approach. It said that in order to seek compensation, consumers not only have to prove steep surge in voltage, but also show that such a hike was caused on account of the negligence of the electricity board (The Secretary, Karnataka Electricity Board Vs the Secretary, Bellary Citizens Forum, Appeal No 25 of 1990, decided on 31-10-1990).
But in another case filed in 1992 in Gujarat, the consumer court took a different view and said variations beyond the declared voltage constituted deficiency in service and the electricity board was liable to pay for the consequences of such deficiency. The attitude of the Board was such that even after its own official had investigated into the consumer’s complaint and confirmed that the damages to the household equipment was caused by excessive voltage, it argued before the consumer court that a defective stabilizer connected to the television was responsible for the damage. Dismissing the contention, the consumer court pointed out that the voltage surge was such that it had damaged even the stabilizer, the television and many other household goods (Gujarat Electricity Board Vs Sharda Madhusudan Desai, FA No 48 of 1992, decided on 28-8-1992).
ore recently, in the Haryana State Electricity Board vs Anand Medicos (RP No 563 of 2002, decided on August 1, 2003), the National Consumer Disputes Redressal Commission upheld the order of the state consumer court, directing the Haryana State Electricity Board to pay the consumer a compensation of Rs 2,19,316, along with 12 per cent interest. A steep surge in voltage had caused a short-circuit and the fire had destroyed the medical supplies in the shop, besides a refrigerator and a television . The surveyor 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.
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.
Instead of contesting the decisions of consumer courts in cases such as these, power supply undertakings should think of how best to improve their services.