DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the  30th  day of  January 2013

Present : Smt.Seena H, President

            : Smt. Preetha.G. Nair, Member

            : Smt. Bhanumathi.A.K, Member           Date of filing:  09/01/2013

(C.C.No.15/2013)

Venugopal,

S/o.Manikan,

Vembalodkalam,

Thenari Post,

Elappulli,

Palakkad                                                      -        Complainant

(By Adv.Rajesh.M)

V/s

1.Secretary,

   K.S.E.B. Pattom,

   Thiruvananthapuram – 695 004

2.Asst.Executive Engineer,

   K.S.E.B. Elappulli Section,

   Palakkad – 678 622

3.Asst.Engineer,

   K.S.E.B.

   Elappulli Electrical Section,

   Palakkad                                                    -        Opposite parties

O R D E R

By Smt.SEENA.H, PRESIDENT

Complaint in brief :

Complaint filed challenging  the bill dated 19/10/2012 issued  by the opposite parties. Earlier the bill issued by the opposite parties was challenged before the Forum and it was dismissed. When taken up Hon’ble State Commission dismissing the appeal directed the opposite parties to issue a fresh penal bill for six months preceding the inspection date and further directed to allow installment facility to pay the revised bill. Opposite parties in compliance of the order issued fresh penal bill for 6 months which is now under challenge before the Forum. According to the complainant opposite party has calculated  the bill under commercial tariff which is against the observation of Hon’ble State Commission. In the absence of proof regarding commercial activity opposite party cannot issue fresh bill under commercial tariff. Hence complaint filed to set aside the penal bill and pay compensation of Rs.25,000/-.

Complaint posted for hearing on admission. Heard the complainant regarding maintainability  of the compliant before the Forum.

We find that opposite party has issued a penal  bill for 6 months in compliance of the order of the Hon’ble State Commission. Hon’ble State Commission in its order has directed the parties to “issue fresh bill calculating the penal bill for six months preceding  the inspection date  and the complaint may be  allowed to avail installments to pay the revised bill.” The grievance of the complainant is that it is issued under commercial tariff and further interest was also charged. The finding of the Hon’ble State Commission is silent on these aspect. Clarification if any cannot be supplied by this Forum. In the absence of any fresh cause of action, we are of the view that complaint be dismissed.

In the result compliant dismissed.

Pronounced in the open court on this the  30th day of January 2013

 Sd/-

Seena H

President

 Sd/-

Preetha G Nair

Member

 Sd/-

Bhanumathi.A.K.

Member