Compensation Case Against BESCOM

KERC supports ESG’s claim against Power surge

Background

Environment Support Group wrote to BESCOM to lodge a complaint regarding an electrical voltage spike that we experienced in June 2003 and again in November 2003 and requested for compensation. In an article in the Sunday Times of India, 8/6/2003, it was suggested that we can receive compensation for damages resulting from high-voltage spikes from BESCOM. The voltage surge damaged a UPS, computer and a printer and damages to the extent of Rs 40,000/- were incurred.

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. Read the ruling.

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/-. Read the Press Release.

Documentation

• Ruling of the Karnataka Electricity Regulatory Commission, Bangalore dated 8th January 2004
• ESG’s rejoinder to the statement of complaints filed by BESCOM dated 28th Aug, 2003

Articles

• Bescom asked to pay for consumer’s goods damage, Deccan Herald, 9th Jan, 2003
• BESCOM asked to pay compensation for damaged equipment, The Vijay Times, 9th Jan 2004
• BESCOM ordered to pay Rs. 32,935 to NGO, The Hindu, 9th Jan 2004
• NGO wants Bescom to pay for damaged computer, Deccan Herald News Service, Oct 30, 2003
• High Voltage? Blame the surge on BESCOM, The Times of India, 8th June, 2003

Press Release

• January 8, 2004: KERC orders BESCOM to compensate ESG for power surge damages, Landmark ruling supports full claim

Take Action

In case of power surge related damages

• Find out if neighbouring houses have been affected.
• Lodge a joint complaint with the local office or sub-division.
• Contact KERC (Karnataka Electricity Regulatory Commission) consumer advocate at [email protected] or 5320213 / 214. You can see the KERC website for further details.