AID News for Jan 10 2004
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AID News for Sat Jan 10 2004
AID News for Sat Jan 10, 2004
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AID News for Sat Jan 10, 2004
Good morning everybody
Today's Headlines
1) KERC orders BESCOM to compensate ESG for power surge
damages: Landmark ruling supports full claim
2) World Social Forum
3) Other Articles
Today's News
1) KERC orders BESCOM to compensate ESG for power surge damages
Landmark ruling supports full claim
PRESS RELEASE: 08 January 2004
In a landmark ruling, the Karnataka Electricity Regulatory
Commission, constituted by Mr. Phillipose Mathai,
Mr. H. S. Subramanya and Mr. S. D. Ukkali, ordered Bangalore
Electricity Supply Company (BESCOM) to compensate Environment
Support Group ``damages to the tune of Rs. 32,935/- within 90 days
from the date of the order''. The Commission made this ruling suo
moto on the basis of a letter petition from ESG demanding
compensation for extensive damage to its computer network caused by
a high voltage spike on 2nd June 2003.
ESG demanded this compensation on grounds that BESCOM had failed in
its fundamental obligation as electricity supplier to provide power
that was free from danger and within the regulated voltage stream.
In particular it had not taken due precautions to keep power lines
free of interference and danger, and as a result neglected the
pruning of a coconut frond, which fell causing the surge. This
surge caused extensive damage to ESG's electrical and computer
installations, causing a total damage to the tune of Rs. 32, 935/-.
BESCOM moved the Commission to dismiss the petition on many grounds,
significant amongst which are:
1. That ESG was a tenant, and thus not a registered consumer to
claim damages.
2. ESG's office was unauthorized making commercial use of a
residential power supply.
3. That surge protectors had not been installed, and thereby the
damage was caused ``due to ill/non-maintenance of such protective
equipments'', and thereby, ESG is not entitled for relief.
4. BESCOM admitted the surge was caused by a ``falling tree in the
vicinity'' which it claimed to be an ``Act of God'' and thus did not
constitute ``negligence/lapse on the part of the respondent''.
The Commission dismissed these charges making the following
observations:
- The respondent has raised the issue of the petitioner not being
the registered consumer. The petitioner's installation is being
supplied with electricity and that makes him a consumer under the
law. The argument that the installation was not provided with
safety instruments like ELCB and MCB is not supported with any
evidence. The petitioner contends that he did use the safety
apparatus.
There is no reason why we should disbelieve the petitioner. The
petitioner is a NGO and is granted the status of a charitable trust
under the Income Tax Act, according to the copy of the certificate
produced by the petitioner. The petitioner has produced a
certificate to this effect. Therefore we reject the plea of the
respondent that the petitioner is engaged in commercial operations
and is not entitled to any relief.^Ô
Supporting the full claim of damages of ESG, the Commission held:
``The respondent has not raised any objections to this amount but on
the contrary contended that the petitioner has made academic
discussions on his case and has not presented the facts. We do not
agree with the contention of the respondent.We feel that the
respondent ought to have taken this case more seriously, instead of
making light hearted averments.'' (emphasis ours)
The Commission remarkably noted:
``This is one of the many cases of frequent occurrence, which could
have been avoided, if the licensee were to care for the
responsibilities cast on him by the law. Many such cases do not see
the light of the day because of 'grin and bear it' attitude of
majority of consumers. It is for this anxiety that the laws
relating to the protection of life and property of the consumers of
electricity should not remain dormant in the statute books, we took
up this case suo moto.'' (emphasis ours)
In so deciding, the Commission supported the averment of the
Petitioner's Counsel that per the ruling of the Karnataka State
Consumer Disputes Redressal Commission, Bangalore in the case KEB v
H. S. Sitaram (I (2000) CPJ 508), ``it is held that a duty is cast
upon the licensee to protect supply lines from any source that may
hamper, fluctuate, or cut off power supply''. The Commission also
supported the Counsel's contention that per the decision of Hon'ble
Supreme Court in Divisional Controller, KSRTC v Mahadev Sheetty and
another (2003 AIR SCC 3797), the expression 'act of God' is
explained as one that ``provides no excuse unless it is so
unexpected that no reasonable foresight could be presumed to
anticipate the occurrence, having regard to the conditions of time
and place known to be prevailing a''.
The Commission, thereby, observed that:
``Falling of mature fronds from the coconut tree is an expected
natural occurrence and an anticipated event of routine nature. It
cannot be considered as an act of God. The licensee cannot simply
point the accusing finger towards the Almighty and escape from the
responsibility''. (emphasis ours)
KERC's landmark order has paved the way for many hapless consumers
to now claim their full Right of quality service, free from any
deficiency and threat to life and property from service providers.
ESG was represented by its Counsel, Mr. Sunil Dutt Yadav.
Leo F. Saldanha
Dr. Ananth Chikkatur
Coordinator
Environment Support Group
-- Contributed by ESG India <e...@bgl.vsnl.net.in>
2) World Social Forum (WSF)
National Alliance of People's Movements (NAPM) is happy to announce to all
its affiliates, well-wishers and friends that in cooperation with Socialist
Front we are now all set for making your stay and food arrangements during
WSF, comfortable and convenient!
Dates : Jan 16 thru 21 2004
Venue : NESCO Grounds, Western Express highway
opp Mahanand dairy,
Goregaon (E), Mumbai
Registration Fees:
1. Rs. 25/- per head registration fees for entire duration
2. Rs. 50/- per head per day for simple stay and
food.(Rs. 300/- for entire 6 days)
Those of us who cant afford even this subsidised rates can
contact for further concession to Sanjay M.G. 98203 24062
For more information contact :
Sanjay MG. 98203 24062(mobile)
Joe 022- 2529 2448(office) 2527 8206(Res)
Mukta 022-2568 1425(Res.)
Sanjeev Sane 98208 87906(mobile)
-- contributed by NAPM <themo...@riseup.net>
3) Other articles
a) `India will be the most populous by mid-century'
Another article on population.
India's population will be 1.4 billion by 2026, according to
projections by `Twentyfirst Century India: Population, Economy,
Human Development and the Environment', a research
project. Conceived to examine the nature and consequences of
population growth, it is the first integrated study that looks into
the country's future, said Tim Dyson, Professor, Developmental
Studies, London School of Economics and Political Science.
http://www.hinduonnet.com/2004/01/09/stories/2004010910910500.htm
-- Contributed by sivarao_...@yahoo.com
Thats all for today
Sid
Make a difference this holiday season. Visit
http://www.OneForIndia.org
where every One counts
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