Daijiworld Media Network – Mangalore (SM)

Mangalore, Jan 4: In the land mark decision rendered on December 14 recently by the Consumers Disputes Redressal Forum constituting president Asha Shetty and members Sulochana V Rao and K Ramachandra directed cable T V operator and Mangalore Electricity Supply Company (MESCOM) to pay a sum of Rs 1, 28, 000/- with interest @ 10% p a. along with Rs.5, 000/- towards compensation and Rs.1, 000/- towards litigation expenses.

The forum had apportioned the liability amongst the MESCOM and Cable T V Operator at 75% and 25% respectively. (Complaint No. 522 / 2005).

C T J Gonsalves, chartered accountant in the city, his wife Flavy M R Gonsalves and son Sunil R Gonsalves lodged a complaint before the D K District Consumers Disputes Redressal Forum against International cable T V and MESCOM alleging deficiency of service in not taking due care which has resulted in electrocution and thereby loss and damage to the electrical and electrical goods of the complainant beyond repair.

During the detailed enquiry the Consumer Forum has found that the cable T V line taken across the road and over the 11 K V power line, came in contact with the power line during rain relating in electrocution and consequent damage. The Consumer Forum has also observed that cable T V borrower has carelessly taken cable T V line without taking precautions and MESCOM officials were also negligent in not conducting proper inspection of the power line in the locality and also in taking the safety measures.

The Court has observed that cable T V operators should take care while drawing Cable T V line over or below the H T lines or in the close proximity and consumer may not know the consequences of such defects and suffers unfortunate accidents relating in loss of life and property. The Forum has also observed that cable T V operators and MESCOM officials should be diligent. They should take precautionary measures by covering the cable line with incidental pipes and getting the distance from high power lines.

The said decision is land mark because in and around the city the cable T V operators have drawn cable across the H T lines and electricity supply lines without taking proper precautions. This judgement is an eye opener to the MESCOM as well as Cable T V operators. The consumers now atleast expect from MESCOM and T V operators some sort of responsibility and protections.

Senior advocate of Manu Advocates, M P Noronha and advocate Manjula argued the case on behalf of the complainant.