THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present: Sri. Santhosh Kesavanath P., President Smt. Bindhu M. Thomas, Member Sri. K.N. Radhakrishnan, Member CC. No. 48/2008 Saturday, the 30th day of January, 2010. Petitioner : Athreya Ayurvedic Resorts, Pakkil P.O., Pallom Kottayam. Reptd. By its Managing Partner. Dr. B. Girish. (By Adv. Ranjit. S) Vs. Opposite party : 1) The KSEB, Vaidyuthi Bhavan, Pattom, Thiruvananthapuram. Reptd. By its Secretary. 2) The Asst. Exe. Engineer, KSEB, Electrical Section, Pallim P.O, Pakkil, Kottayam. O R D E R Sri. Santhosh Kesavanath P., President. Both sides represented. Heard both sides. Petitioner disputed provisional assessment Dtd: 10..3..2008 issued by the opposite party under section 126 (2) of Electricity Act 2003. As per Section 126 (3) of Electricity Act 2003, Consumer, on whom a notice under sub section (2) shall be entitled to file objection, if any, against the provisional assessment, before assessing officer, who may, after affording a reasonable opportunity of hearing to such person, pass a final order. In this case no final order under section 126 (3) was passed by the opposite party. So, petitioners petition itself is premature. However an expert Commissioners report was received in this case, with regard to matter in dispute, from the expert commissioner appointed by the Forum in this -2- case. We feel that for just and proper disposal of the petition, petitioner is to be heard. So, opposite party is directed to give an opportunity to the petitioner for hearing the petitioner within 30 days of receipt of the order and pass a final order in accordance with law by considering the report filed by the expert commissioner. Petition is disposed accordingly with foresaid direction. Sri. Santhosh Kesavanath P. President Sd/- Smt. Bindhu M. Thomas, Member Sd/- Sri. K.N. Radhakrishnan, Member Sd/- By Order, Senior Superintendent amp/ 5 cs.
......................Bindhu M Thomas ......................K.N Radhakrishnan ......................Santhosh Kesava Nath P | |