Kerala

StateCommission

1055/2004

Bhasi - Complainant(s)

Versus

K.N.Parameswaran Nair - Opp.Party(s)

B.Sakthidharan Nair

27 Nov 2007

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. 1055/2004

Biju
Mathew Valiaveedan
Bhasi
The Asst.Exe.Engineer
The Secretary
...........Appellant(s)

Vs.

K.N.Parameswaran Nair
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACADU, THIRUVANANTHAPURAM
 
APPEAL No.1055/2004
JUDGMENT DATED : 27.11.2007
 
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU                     : PRESIDENT
SMT.VALSALA SARANGADHARAN                      : MEMBER
 
1. Shri.Bhasi,
    Asst. Engineer, Electrical Ssection Office,
    Thanneermukkom, Cherthala.
2. Sri.Mathew Valiyaveedan.
    Senior superintendent,
    Electrical Section Office,
    Thanneermukkom, Cherthala.
3. Sri.Biju, Lineman,
    Electrical Section Office,
    Thanneermukkom, Cherthala.                         : APPELLANTS
4. The Secretary, KSEB,
    Vaidhyuthi Bhavan, Pattom,
    Trivandrum.
5. The Asst. Exe.Engineer,
    Electrical Division, Cherthala
(By Adv.B.Sakthidharan Nair)
                Vs.
Sri.K.N.Parameswaran Nair,                                       : RESPONDENT
Puthen Veedu,
Muttathiparambu.P.O.,
Alapuzha-688527.
(By Adv.Koliyacode V.Suresh)
 
JUDGMENT
    
JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT
 
            The appellants/the respondents/KSEB who are under orders to pay Rs.1500/- as compensation and cost of Rs.200/- to the complainant apart from ext.A9 bill for sum of Rs.2250/- cancelled. The case of the complaint was that at the time of reconstruction of his old house he approached 3rd  respondent/lineman of the Electrical section to get the meter board shifted and as suggested by him the meter was shifted to the wooden board placed on 2 sticks as he was ignorant of the formalities for shifting. On 10.8.03 the service wire to the complainant’s house was broken and the same was intimated to the respondents and the same was repaired.   On 21.8.03 the respondent came to the spot and got the copy of the mahazar and issued the penal bill for Rs.14,927 alleging that the seal of the meter was broken and the connected load is not regularized. On 20.9.03 the supply was disconnected. Subsequently penal bill was reduced to 9000/-. Thereafter he has filed the appeal before the Chief Engineer on 5.9.03. The penal assessment was reduced to 15 days. He had no electric supply for 2 months. He has sought for compensation as well as refund of Rs.2375/- the bill amount paid.
          The respondent/appellants pointed out that the complainant has unauthorisedly shifted the meter. They have denied that bill for Rs.14927 has been issued. The penal charge is reduced taking a lenient view. Evidence adduced confined to exts.A1 to A9 which included photocopy of the receipt for Rs.14,927/-. Forum found in favour of the complaint. It is particularly noted that opposite party did not appear or cross examine.
          We find that it is evident from the complaint that he removed the meter and placed it on a board unauthorisedly. Of course there is no justification for issuing the penal bill for Rs.14927/- which has been reduced  to Rs.2250/-.
In view of the fact that complainant unauthoriseldy removed the meter and placed it on a wooden board, he is not entitled to raise the claims. Private persons are not entitled to tamper with electric connections which


 

may result in fatal consequences. In the circumstances orders of the Forum can not be sustained. The same is setaside. Appeal is allowed.
 
 
JUSTICE SHRI.K.R.UDAYABHANU             : PRESIDENT
 
SMT.VALSALA SARANGADHARAN                      : MEMBER