Kerala

StateCommission

A/10/150

KSEB - Complainant(s)

Versus

Emmanuel George - Opp.Party(s)

B.Sakthidharan Nair

12 Apr 2010

ORDER

First Appeal No. A/10/150
(Arisen out of Order Dated 29/01/2010 in Case No. CC 190/07 of District Kottayam)
1. KSEB ...........Appellant(s)

Versus
1. Emmanuel George ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

APPEAL  NO:150/2010

                              JUDGMENT DATED:12..04..2010

 

PRESENT

 

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

 

1.The Kerala State Electricity Board,

  Vydyuthi Bhavanam, Pattom,

  TVPM, R/by its Secretary.

                                                                                                : APPELLANT

2.The Assistant Executive Engineer,

  KSEB, Athirampuzha.

 

(By Adv:Sri.B.Sakthidharan Nair)

 

                        Vs.

Emmanuel George,

Aykkara Kunnel House,                                                   : RESPONDENT

Hospital Road, Athirampuzha,

Kottayam.

 

                                                JUDGMENT

 

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

                                               

 

The appellants are the opposite parties/KSEB in CC:190/07 in the file of CDRF, Kottayam and are under orders to issue fresh bills of energy consumption. Bills from 18/1/2007 stands cancelled.  The appellants are also under direction to install a fault free meter.  The appellants are also under orders to pay Rs.2000/- as compensation and Rs.1000/- as cost.

2.  It is the case of the complainant that he started receiving exorbitant bills from 18/1/2007.   He informed them the opposite parties that the meter is faulty and requested to replace the same.  The opposite parties did not replace the meter and continued to issue excess bills.

3. On the other hand, the opposite parties/appellants have contended that the meter was tested by the opposite party and that the same was found to be without any defects.  It was also contended that average bimonthly consumption for the previous period used to be 810 units.

4. The evidence adduced consisted of the proof affidavits of the respective parties and Exts.A1 to A5, B1 and B2 and X1.

5. As requested by the opposite parties the meter was sent by the Forum to the Electrical Inspectorate for testing.  The Electrical Inspector has submitted Ext.X1 report wherein it is noted that the meter is recording an excess of 154% to 112%.  It was in the above circumstances that the Forum ordered cancellation of the bills from 18/1/2007 and directed the appellants to issue fresh bills as per Regulation 33(2) of the Conditions of Supply after replacing the meter.  We find that there is no illegality in the order of the Forum.  There is no scope for admitting the appeal.

In the result the appeal is dismissed in-limine.

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

 

 

JUSTICE K.R.UDAYABHANU:  PRESIDENT

 

 

VL.

 

PRONOUNCED :
Dated : 12 April 2010

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT