Kerala

StateCommission

A/08/294

KSEB - Complainant(s)

Versus

K.P.GEORGE KUTTY - Opp.Party(s)

S.BALACHANDRAN

24 Sep 2010

ORDER

First Appeal No. A/08/294
(Arisen out of Order Dated 28/07/2008 in Case No. CC 290/2005 of District Kollam)
1. KSEBKerala ...........Appellant(s)

Versus
1. K.P.GEORGE KUTTYKerala ...........Respondent(s)

BEFORE :
HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

 

 

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

 

APPEAL No. 294/2008

 

JUDGMENT DATED:24-09-2010

 

 

PRESENT:

 

JUSTICE SHRI. K.R. UDAYABHANU              :PRESIDENT

 

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

 

1.      The Secretary, KSEB,

Vydyuthi Bhavan,                                       : APPELLANT

Pattom Palace.P.O, TVPM.

 

2.      Assistant Executive Engineer,

Electrical Major Section,

Thevalakkara.P.O, Kollam.

 

(By Adv:Sri.S.Balachandran)

 

          Vs.

 

K.P.George Kutty,

George Villa, Arinalloor.P.O,                    : RESPONDENT

Kovoor, Kollam.

 

(By Adv:Sri.Dinesh Sajan)

 

 

 

JUDGMENT

 

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

 

The appellants are the opposite parties/KSEB authorities in CC.290/05 in the file of CDRF, Kollam.  The bill issued by the appellants stands quashed and the opposite parties are under orders to issue fresh bill taking the average consumption of 12 months and to pay Rs.1000/- as compensation and cost.

2. The matter is with respect to the impugned bill wherein exorbitant number of units are noted and charge levied.  The complainant who was remitting a sum amount Rs.405/- was issued with a bill of Rs.13,983/-, subsequent to the installation of electronic meter after replacing the mechanical meter. On receiving the complaint from the petitioner the opposite parties located earth leakage and directed to rectify the same and install ELCB to prevent earth leakage.  It was in the above circumstances the Forum directed the opposite parties to issue fresh bill after taking the average consumption of 12 months.  We find that there is nothing illegal in the order of the Forum.  It would be quite unfair to direct the complainant to pay the bill amounting to Rs.13,983/- for the energy not consumed by the complainant.  Hence we find that there is no scope for interfering in the order of the Forum.  All the same the direction to pay Rs.1000/- as compensation and costs is set aside.

In the result the appeal is allowed in part.

Office will forward the LCR along with the copy of this order to the Forum urgently.

 

 

JUSTICE K.R. UDAYABHANU:PRESIDENT

 

 

 

 

S. CHANDRAMOHAN NAIR : MEMBER

 

 

 

VL.

 

PRONOUNCED :
Dated : 24 September 2010

[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT