A consumer commission in Kerala has recently ruled that the Kerala State Electricity Board (KSEB) and two other entities are liable for negligence, mandating them to pay Rs 10 lakh in ex gratia compensation to the mother of a 12-year-old boy who tragically lost his life due to electrocution.
The commission, led by President Krishnan K and member Beena K G, also awarded an additional Rs 25,000 for mental anguish and Rs 10,000 to cover legal expenses.
The order stated, “The legal heirs are entitled to a compensation sum of Rs 10 lakhs, as the death was caused by the negligence of the opposing parties. The failure to ensure safe electricity supply led to the child’s death from a short circuit.”
The incident, which occurred on December 26, 2020, involved the complainant’s son, who died from electrocution. A post-mortem examination confirmed that electric shock was the cause of his death, while a report by the electrical inspector in Kasaragod found that the incident was due to electrical leakage.
The complainant alleged that the boy’s death was a result of flaws in the electrical infrastructure, inadequate maintenance, and electricity leaking through the earth wire.
Claiming negligence and a lack of service quality, the complainant approached the consumer commission seeking Rs 10 lakhs in ex gratia compensation, along with Rs 1 lakh for mental suffering and Rs 25,000 for legal costs.
KSEB contested the allegations, asserting that the consumer commission did not have jurisdiction over such matters and that compensation claims should be resolved in civil court. They further argued that the accident was due to the child’s negligence and insufficient attention from the building’s owner.
However, the commission dismissed the jurisdictional challenge, affirming that complaints regarding service deficiencies by electricity providers are valid in consumer forums.
The ruling clarified that in the event of a conflict between the Electricity Act of 2003 and the Consumer Protection Act of 1986, the provisions of the Consumer Protection Act take precedence. Consequently, complaints related to service deficiencies by electricity suppliers are maintainable in the Consumer Commission.
The commission further noted that the Consumer Protection Act offers an additional avenue for redress without excluding other legal remedies, indicating that the existence of civil suits does not prevent the filing of consumer complaints.
“Consumers have the option to choose their preferred remedy. The fact that damages are significant or that evidence is necessary does not eliminate consumer jurisdiction,” the commission stated.
Recognizing that the incident fell under Category A of KSEB’s Vidyuth Suraksha Scheme, the commission concluded that the legal heirs were entitled to the Rs 10 lakh ex gratia compensation.
It reiterated that the negligence of the involved parties was the cause of the child’s death, attributing it to the failure to provide a safe electricity supply, which resulted in the short circuit.
The commission directed KSEB and the other parties involved to pay the compensation amount of Rs 10 lakh, along with Rs 25,000 for mental distress and Rs 10,000 for legal costs.
For assistance with consumer-related issues, individuals can reach out to their state’s consumer helpline or contact the National Consumer Helpline at 1915. In Kerala, the helpline number is 1800-425-1550.
Ashish Shaji serves as a Senior Sub-Editor at The Indian Express, specializing in legal journalism. With a formal legal education and extensive editorial experience, he provides in-depth analysis and coverage of significant court developments and judicial decisions for a national audience.
Ashish holds a BA LLB from IME Law College, CCSU, enabling him to deliver comprehensive insights into legal statutes, case law, and precedents.
His work at The Indian Express focuses on translating the complexities of legal proceedings into accessible news, including judicial analysis and monitoring legislative changes that affect the public and legal community.
With over five years of experience, Ashish has contributed to various legal and professional platforms, enhancing his ability to communicate intricate information effectively. His previous roles include positions at Lawsikho, Verdictum, and Enterslice, where he gained valuable insights into legal education, high-quality legal news, and the intersection of legal and financial services.
