DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678001, Kerala

Dated this the 28^th day of June, 2010

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC.No.38/2010

Hassainar,

S/o.Alavi Haji,

Parayarukundil,

Post Choorakkode,

Vallapuzha, Ottapalam Taluk,

Palakkad. - Complainant

(By Adv.P.Manoj)

Vs

1. The Assistant Engineer,

Kerala State Electricity Board,

Vallapuzha.

2. The Assistant Executive Engineer,

Kerala State Electricity Board,

Shoranur.

3. The Chairman,

Kerala State Electricity Board,

Vydhyuthibhavan,

Pattam,

Thiruvananthapuram. - Opposite parties.

(By Adv.L.Namassivayan for all opposite parties)

O R D E R

By Smt.Seena.H, President

Complaint filed claiming compensation against the act of opposite parties in disconnecting the agricultural electricity connection without any notice. An interim application was also filed for reinstating electricity connection. Considering the facts and circumstances of the case that the connection is that of agricultural land and in summer season, application for reinstating connection was allowed.

Thereafter opposite parties filed version and it was submitted on behalf of opposite parties that the complaint is not maintainable before the forum. Opposite parties contented that on inspection by opposite parties misuse of electricity was noted and the connection was in such a dangerous situation which warranted immediate disconnection as per Sec.25(c) of the Kerala Electricity Supply Code, 2005. It was submitted on behalf of opposite parties that complainant refused to accept the provisional bill even when it was issued by registered post.

Heard opposite party. There was no representation for complainant. On going through the records it is seen that a provisional bill was issued by opposite parties on 12/03/2010 which was not served upon the complainant for no fault of opposite parties. There is no case for both parties that a final bill has been issued. As per Section 126(3) the person on whom an order has been served under sub section(2) shall be entitled to file objection, if any, against the provisional assessment before the Assessing Officer who may after affording a reasonable opportunity of hearing to such person, pass a final order of assessment of electricity charges payable by such person. Since the opposite parties has not issued a final bill, we are not in a position to entertain the complaint.

In the result, complaint is dismissed without going into the merits of the case. Complainant is at liberty to file a complaint as and when a final bill is issued by opposite parties. Order passed in the interim application filed shall stand vacated. Opposite parties directed to give an opportunity to the complainant to file objection against the provisional bill as contemplated u/s 126 of Electricity Act, 2003.

Pronounced in the open court on this the 28^th day of June, 2010

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Date of filing:20/03/2010