KERALA STATE CONSUMER DISPUTES REDRESSAL   

     COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL  NO:43/2004

                                     JUDGMENT DATED 13.01.2010

 PRESENT

SRI.M.V.VISWANATHAN                        :  JUDICIAL MEMBER

1.The Chairman,

  KSEB, Vydyuthi Bhavanam,

  Pattom, Trivandrum.

                                                                   : APPELLANTS

2.The Asst. Engineer,

  Electrical Section,

  KSE Board, Thiruvampady,

  Kozhikkode.

(By Adv: Sri.B.Sakthidharan Nair)

          Vs.

Smt.Achamma Devassia,

C/o Deassia, Kulathumkal House,

Thiruvampady.P.O,

 Kozhikkode.

                                                                   : RESPONDENTS

Addl. Respondent (Legal heir of R1)

Mr. Devassia,

Puthuparambil House,

Thiruvampady.P.O,

 Kozhikkode.

                                      JUDGMENT

SRI.M.V.VISWANATHAN:  JUDICIAL MEMBER    

The above appeal is preferred from the order dated:6^th October 2003 passed by CDRF, Kozhikkodu in OP:486/01.  The appellants were the opposite parties and the respondent was the complainant in the said OP:486/01.  The said complaint was filed alleging deficiency of service on the part of the opposite parties in issuing the disputed bill for Rs.11,575/- and thereby, the complainant prayed for cancellation of the same.  Even though the opposite parties entered appearance and filed written version they did not adduce any evidence in support of the contentions.  From the side of the complainant Exts.A1 to A5 documents were marked.  It was also alleged that the complainant has been consuming energy by using three bulbs in her shop.  The complainant had also got a case that the meter was not recording the consumption properly and that aspect was not considered by the opposite party/KSEB.  Moreover, the opposite parties were absent in the proceedings before the Forum below.  So, on the basis of the evidence adduced from the side of the complainant, the aforesaid OP:486/01 was allowed directing the opposite parties to restore the electricity connection which was disconnected for the failure to pay the amount covered by the disputed bill.  The complainant had also got a case that the opposite parties failed to give proper notice before disconnecting the electricity supply.  It is further to be noted that the Forum below has also given liberty to the opposite parties for issuing fresh bill by taking into consideration the actual consumption of electrical energy by the consumer.  By virtue of the impugned order the Forum below has only directed the opposite parties to consider the issue regarding issuance of the disputed bill for Rs.11,575/- and the issue as to whether sufficient time was given to remit the amount.  Therefore no prejudice or substantial loss has been caused to the opposite parties by the impugned order passed by the Forum below.  More over, the appellants/opposite parties have not shown any sufficient reason or ground for their failure in defending the complaint in OP:486/01.  Thus, there is no ground warranting inference with the impugned order passed by the Forum below.

In the result the appeal is dismissed.  The impugned order dated:6..10..2003 passed by CDRF, Kozhikkodu in OP:486/01 is confirmed.  The parties are directed to suffer their respective costs.  It is made clear that the appellants/opposite parties will be at liberty to re-consider the issue regarding actual consumption of energy by the complainant. They are also at liberty to issue fresh bill based on actual consumption of energy.  The parties are directed to suffer their respective costs.

M.V.VISWANATHAN:  JUDICIAL MEMBER  

VL.