KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.181/03 JUDGMENT DATED 26.5.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.M.K.ABDULLA SONA -- MEMBER 1. The Secretary, KSEB Vyduthi Bhavan, Pattom, Trivandrum. 2. The Asst.Ex.Engineer, -- APPELLANTS KSEB, Major Secion Pothanikkadu, Kothamangalam. (By Adv.B.Sakthidharan Nair) Vs. Mr.Bose Varghese, Chembakasseril House, -- RESPONDENT Pothanikkadu.P.O Kothamangalam. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellants are the opposite parties/KSEB in OP.581/02 in the file of CDRF, Ernakulam. The appellants are under orders to exclude from surcharge the period commencing from the date of sending the meter for testing by the Electrical Inspector till the date of re-installation of the meter after examination. The Forum has also directed the complainant to pay the amount in 10 equal monthly installment starting from 30.12.02. 2. The complainant had filed OP.164/2000 as according to him the additional bill served on 16.4.98 for a sum of Rs.16,674/- is on account of the error in the meter. The Forum had directed to refer the meter to be forwarded to the Electrical Inspector. After testing the Electrical Inspector returned the finding with the error is only 0.743% which is within the permissible limit. Thereafter the appellants issued a fresh bill for a sum of Rs.22,189/- which included surcharge of Rs.10,261/-. The same was disputed in the present proceedings. 3. During the pendency of the proceedings, the opposite parties filed an additional version admitting that there is a mistake in calculating the surcharge and that the surcharge is only Rs.9,021/- and the total amount payable would be Rs.20,949/-. It is about Rs.2000/- less than the earlier bill. The Forum has observed that the surcharge during the period commencing from the date of sending the meter for testing by the Electrical Inspector and till the date of reinstallation of the meter after testing is to be excluded for imposing surcharge. 4. We find that there is nothing illegal or unjust in the order of the Forum. There is no scope for interference. 5. In the result, the appeal is dismissed. The office is directed to forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT M.K.ABDULLA SONA -- MEMBER s/L |