Kerala

Idukki

CC/75/2020

Shibu Jacob - Complainant(s)

Versus

K S E B Board - Opp.Party(s)

Avd: Shiji Joseph

28 Oct 2021

ORDER

DATE OF FILING :16/06/20

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 28^th day of October 2021

Present :

SRI.C.SURESHKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

SRI.AMPADY K.S. MEMBER

CC NO.75/2020

Between

Complainant : Shibu Jacob, S/o T.X.Jacob,

Thakadiyel House,

1^st Mile, Vazhoor P.O., Kottayam

(Adv. Pratheesh Prabha)

And

Opposite Party : 1 .The Secretary,

Kerala State Electricity Board,

Vydhudhi Bhavan, Pattom P.O.,

Thiruvananthapuram.

2 . The Assistant Engineer,

Electrical Section,

Vazhoor P.O., Kottayam.

3 . The Assistant Engineer,

Kerala State Electricity Board,,

Painave P.O., Kuyilimala.

 

O R D E R

 

SMT. ASAMOL P. (MEMBER)

 

Brief facts of the case are:-

 

Complainant is a consumer of electricity connection having Consumer No: 1156343014026 under electrical section, Vazhoor P.O., Kottayam District. The complainant is residing in Kottayam District at Vazhoor Kara. First opposite party is Secretary, Kerala State Electricity Board, Vydhuthi Bhavan, Pattam P.O., Thiruvananthapuram and second opposite party is Assistant Engineer, Electrical

(Cont......2)

 

-2-

 

Section, Vazhoor P.O., Kottayam District. Third opposite party is arrayed as a necessary party for getting Jurisdiction of this Commission and no relief is claimed against the third opposite party.

 

Complainant filed this complaint for getting reliefs from first opposite party and second opposite party against the electricity bill issued by second opposite party. The cause of action for this complaint arosed at Vazhoor Kara, complainant stated that he is working as a consultant at Thodupuzha hence this Commission has jurisdiction to entertain this complaint.

 

Opposite parties entered appearance and have filed written version with challenging the jurisdiction of this Commission to entertain this complaint. Opposite party has stated that third opposite party has no connection with allegations made by complainant. Hence this commission has no territorial jurisdiction to entertain this complaint.

 

We have heard both counsels. The complainant's counsel argued that this complainant is working as a consultant at Thodupuzha. Hence as per the Consumer Protection Act, 2019 this Commission has jurisdiction. This complaint is seen filed on 16/06/2020, which was before the new Act of 2019 come into force. As per the old Act, complaint cannot be filed before the Forum within the

 

(Cont......3)

-3-

jurisdiction of which complainant is residing or working for gain. Hence we are of the considered view that this commission has no territorial jurisdiction to entertain this complaint.

 

Hence this complaint is returned for presentation before proper Forum.

 

Pronounced by this Commission on this the 28^th day of October, 2021.

 

Sd/-

SMT.ASAMOL P., MEMBER

Sd/-

SRI.C.SURESHKUMAR, PRESIDENT

Sd/-

SRI.AMPADY K.S., MEMBER

 

Forwarded by Order

 

SENIOR SUPERINTENDENT