Ref : E&R/Press/2004/gebacci_40/JSD

CERS Petitions to GERC for Death of Innocent Citizens in Gujarat

Consumer Education and Research Society (CERS) had filed a petition on 17 September 2002 before the Gujarat Electricity Regulatory Commission (GERC) for the death of innocent citizens due to the dropping of overhead lines within the jurisdiction of the Gujarat Electricity Board (GEB).

Only one hearing took place on 1 May 2003 where, instead of accepting the fault, the GEB questioned the jurisdiction of the GERC to take these types of cases and the locus standi of CERS to file such cases. The number of deaths continued unabated as no hearings were held nor any order was passed by the Hon’ble Commission. CERS filed another two petitions involving the number of deaths and requesting the GERC to pass an early order so that further deaths of innocent citizens can be avoided.

Date of affidavit	Date of accident	Details of death
28.11.2002	17.09.2002	4 men aged 23, 55, 58 & 18 years, 1 woman aged 21 years
17.07.2003	June/July 2003	Death of 15 persons in Saurashtra & Kutch
07.07.2004	07.09.2003 28.05.2004 04.06.2004	Woman of 37 years Man of 40 years Man of 22 years.
Present affidavit	22.7.2004	1 boy of 10 years 1 girl of 10 years and one adult man.

The matter remained pending due to subsequent changes in the GERC for appointment of Hon’ble Chairman and members.

CERS filed one more petition on 10 August 2004 complaining to the GERC about the death of innocent children and a person who had tried to save them from electric shock. The power supply in this case was put off by the GEB on receiving complaint from a person for receiving shock on his premises. After two hours the GEB switched on the supply without investigating or attending the fault. The 11 KV overhead line snapped from the jumper and dropped on the ground killing three persons instantaneously.

CERS in its submission and presentation before the GERC has pointed out that all overhead lines must have protective devices as per Indian Electricity Rules 1956 whereby they get disconnected automatically from incoming and outgoing supplies making the line dead so that it does not harm anybody. The dropping of live overhead lines on the ground proved that either such devices had not been provided or they were not functioning.

CERS has requested the Hon’ble Commission to issue immediate order to the GEB and the Chief Electrical Inspector to take measures to prevent the death of innocent people.

The petitioner has complained to the GERC that the GEB has not taken any measure to prevent electrical accidents which continue unabated and is nothing but second degree murder of innocent citizens of Gujarat.

CERS has also requested the GERC to devise a formula in line with the Motor Vehicles Act-1988 to pay compensation to the persons who lost their lives due to negligence of the GEB.

CERS has requested the Hon’ble Commission to collect the amount of compensation from the salaries of the staff/persons responsible for the accident and has quoted a judgment of the National Consumer Disputes Redressal Commission in the case of M/s. Padamsri Tobacco vs. Divisional Manager, New India Assurance Co. Ltd. CERS has also submitted the details of procedures being followed by the Karnataka Electricity Regulatory Commission to penalise licensees for their negligence and pay compensation to victims of the electrical accidents in its submission dated 19 May 2003. The petitioner - CERS - has requested the GERC to direct all licensees to provide data of the number of electrical accidents occurred during the last three years. The petitioner has demanded the appointment of an independent Committee of Energy Experts and representatives of various consumer organisations to inquire into each accident and the submission of report to the Hon’ble Commission.

The petitioner submits that the Gujarat or State Act-2003 Sec.17 sub-section (K) empowers the Hon’ble Commission “to set and enforce standards for the electrical industry in the State including standards relating to safety, quality, continuity and reliability of service.’’

Section 39 and sub-section 1&2 also empower the Commission to impose penalty on licensees for non-compliance or violation on above and pay compensation to such consumers or victims of the violation of standards on safety.

The Supreme Court has given wide powers to State Electricity Regulatory Commissions in the matter of West Bengal Electricity Regulatory Commission Vs. Calcutta Electricity Supply Co. Ltd. and we requested the GERC to issue immediate orders and protect the lives of innocent citizens of Gujarat.

Date : 24/08/2004
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine

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CONSUMER EDUCATION AND RESEARCH SOCIETY
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway, Ahmedabad - 380 054 (INDIA)
Phone: 079-27489945-46 Fax: 079-27489947
E-mail: cerc@wilnetonline.net
Web Site: http://www.cercindia.org
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