KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUDTHIRUVANANTHAPURAM APPEAL NO.543/2009 JUDGMENT DATED 21.8.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT 1. The Asst.Engineer, Electrical nSection, KSEB P.O Valluvambrum, Malappuram District. 2. The Senior Superintendent, -- APPELLANTS Electrical Section, KSEB P.O.Valluvambrum. (By Adv.S.Balachandran) Vs. B.Mohammed Unni, Proprietor, M/s Spark Rubber Industries, Mongam P.O, Malappuram. -- RESPONDENT JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellants are the opposite parties/KSEB in CC.23/2008 in the file of CDRF, Malappuram. The bills issued by the opposite parties stands cancelled. 2. It is the case of the complainant that the opposite parties issued a bill dated 21.6.05 for Rs.47,841/- and another bill dated 9.8.05 for Rs.1,37,351/-. It is the contention that in the bill 9.8.05, it is stated that it is for the period from 1/03 to 11/03 and from 9/04 to 12/04, as per the audit report. It is the contention that the bills issued are illegal. 3. The opposite party/appellant had contended that on 14.11.03, the APTS found that the meter was faulty and the same was replaced. At the time no back assessment was issued. Subsequently, the bill was issued on 2.8.05 as per the audit inspection report. Meanwhile, on 17.6.05 another inspection was conducted by APTS and found that phase B of the meter was not working and hence the meter was not recording 1/3rd of the consumption. A site mahazer was prepared and the meter was replaced. On 21.6.05 a back assessment bill was issued for Rs.47,841/-. 4. The evidence adduced consisted of the proof affidavits of the respective parties and Exts.A1 to A7 and B1 to B8. 5. The Forum below has set aside both the bills with the finding that the bills has not been issued properly in time. We find that Ext.A4 bill for Rs.1,37,351/- is issued as per the direction of the audit party as the opposite parties omitted to issue back assessment bill consequent on the inspection of the APTS on 14.11.03. It is seen from Ext.B3 the report of the audit party, which is dated 2.8.05 that in Ext.A4 bill it is also included the assessment for the meter faulty period from 9/04 to 12/04 apart from the period 1/03 till 11/03. The period from 9/04 to 12/04 was back assessed consequent to the inspection of the APTS in 6/05. It is noted in the audit report that there was a sharp fall in the recorded consumption during the meter faulty period from 9/04 to 12/04. It is seen that after inspection of the APTS on 17.6.05, the back assessment bill was issued and the same was remitted. The above Ext.A2 bill for Rs.47,841/-, the back assessment for the permissible period has been made as per Ext.A2. Hence, we find that the further back assessment made and included in Ext.A4 bill is not permissible. The above amount works out to Rs.34,897.50 as per Ext.B3 the audit party report. Further, as pointed out by the Forum as per Section 52 (2) of the Indian Electricity Act, the amounts can not be recovered after a period of 2 years from the date when such sum become due. As per Ext.B3, the amount for the period 1/03 to 11/03 mentioned is Rs.1,02,454.15. The bill for this part of the amount has been issued on 9.8.05. The same has to be limited to 2 year period ending on 9.8.05 ie; only from the period from 8.8.03 to 7.8.05 can be claimed by the opposite party. The opposite party will be entitled only for the energy charges for the above period. The opposite party is at liberty to issue fresh bill without any penal charges for the above period. 6. So far as Ext.A2 bill for Rs.47,841/- is concerned we find that the same does not suffer from any infirmity. The opposite party/appellant is entitled to realize Ext.A2 bill amount. 7. Hence, the order of the Forum is set aside and the appeal is allowed in part as above. Office will forward the LCR to the Forum along with the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT s/L | 
