DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 31st day of May 2010 .

Present : Smt. H. Seena, President

:

: Smt. Bhanumathi.A.K, Member

C.C.No.41/2010

M. Rajan

S/o. Mayandi

Kalappura House

Kakkathode

Thenari Post

Palakkad. - Complainant

(Adv. M. Rajesh)

Vs

1. K S E B (Rep by) Secretary

Vidhuth Bhavan

Pattom

Thiruvananthapuram

2. Assistant Executive Engineer

K S E B Elappully

Electrical Section

Palakkad

(Adv. L. Namassivayan)

3. Sub Engineer

K S E B Electrical Section

Elappully

Palakkad - Opposite parties

(Adv. L. Namassivayan)

O R D E R

By Smt. Seena.H, President.

Complaint filed challenging the electricity bill dated 16/03/2010 for an amount of Rs.85,114. The electricity was disconnected alleging misuse of agricultural connection. Complainant also filed three interim application along with the complaint. One for reinstating electricity connection, 2^nd one for appointment of an Advocate Commissioner and third one seeking permission to give notice to the standing counsel for hearing the application. Application for reinstating connection was heard and it was allowed on condition of depositing an amount of Rs.10,000/- towards the electricity bill. There after

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opposite party filed an application to revoke the order in IA No. 92/2010 stating that there is a violation of principles of natural justice. Version filed contending interalia that complaint is not maintainable before the forum since the complaint is filed challenging a provisional bill.

Preliminary issue regarding maintainability of the complaint was framed. Both parties heard.

Opposite parties has specifically contented that complaint is not maintainable against the provisional order issued by the opposite parties.

The forum has admitted the complaint and allowed the application for reinstating connection under the mistaken belief that bill issued was a final one. As per Section 1261(3) of Electricity Act 2003, “ the person on whom a notice has been served under Sub Section (2) shall be entitled to file objections, if any against the provisional assessment before the assessing officer, who may after affording a reasonable opportunity of hearing to such person, pass a final order of assessment of the electricity charges payable by such person. So it is clear that opposite party has not so far issued a final bill. Hence we are not in a position to entertain the complaint.

In the result complaint is dismissed without going into the merits of the case. Complainant at liberty to file a complaint as and when final bills issued by opposite parties. All the order in the interim application passed so far shall stand vacated.

Pronounced in the open court on this the 31^st day of May 2010.

President (SD)

Member (SD)

Date of filing:22/03/2010