KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 550/2009

 JUDGMENT DATED:  05-01-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU                :  PRESIDENT

1.         Sub Engineer,

Melady Electricity Office,

KSEB, Kozhikode.

2.         The Assistant Engineer,

Melady Electricity Office,

KSEB, Kozhikode.

3.         Deputy Chief Engineer,                            : APPELLANTS

Electrical Circle, Kozhikode.

4.         Deputy Chief Engineer,

Vatakara Electrical Circle,

Kozhikode.

5.         The Executive Engineer,

Vatakara Electrical Division,

Kozhikode.

(By Adv:Sri.S.Balachandran)

            Vs.

C.K.Rajan,

Chandramkuni House,

Chingapuram.P.O,                                     : RESPONDENT

Tikkoti (via), Kozhikode.

(By Adv.Sri.Madhusudhanan.K)

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the opposite parties in CC.115/06 in the file of CDRF, Kozhikkode.   The appellants are under orders to pay a sum of Rs.25,000/- as compensation and Rs.1000/- as cost to the complainant.  It is also directed that the amounts can be realized from the opposite parties 1 and 2, the Assistant Engineer and Sub Engineer respectively.

2. It is the case of the complainant that he had applied for electric connection to his residence and remitted the CD on 20/6/2004 vide Consumer No.22885.  After sometime it was informed that he will have to deposit a sum of Rs.12,000/- towards OYEC as the electric post standing in the next compound was shifted and the owner withdrew the consent given to draw the service wire.  He has exclaimed a sum of Rs.1.lakh as compensation.

3. It is the contention of the opposite parties that the neighbouring  owner who is the brother of the complainant on account of personal enemity  withdrew the consent and the post was shifted.  It is contended that there was no deficiency of service.

4. The evidence adduced consisted of the testimony of PW1, RW1, Exts.A1 to A12 and B1 and B2.

5. We find that Ext.A11 proceedings of the CGRF, Kozhikkode headed by the Deputy Chief Engineer of the KSEB itself it was found that the concerned officials did not act as per law and punishment was imposed on them barring one increment and directing to bear additional expenditure of Rs.7700/- by sharing equally.  The direction in the above order that the petitioner should pay the expenditure for extending the line from the shifted position of the post was set aside by Ext.A12 order of the Ombudsman.  Therein also it has been stressed that the delay was occasioned only on account of the unfair action from the side of the opposite parties/officials.  It is also seen that subsequently additional electric posts were installed at the expense of the Electricity Board and connection given to the complainant.  Evidently till the time the complainant had to remain in dark without the supply of electricity. In the circumstances we find that no interference in the order of the Forum is called for.

 The appeal is dismissed.

The office will forward the LCR along with the copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

VL.