KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

                        VAZHUTHACAUD THIRUVANANTHAPURAM                                                                                                                       

APPEAL NO.106/07

JUDGMENT DATED 10.1.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

1.      Asst.Engineer,

Electrical Section, KSEB,

Kaipamangalam, Thrissur.

2.      KSEB reptd by its                                     --  APPELLANTS

          Secretary, Pattom, Trivandrum.                                                                    (By Adv.S.Balachandran)

                             Vs.

K.S.Satheesan, Kollara House,

Kannampillipuram P.O,                                                --  RESPONDENT

Chenthrappini, Thrissur.

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties/KSEB in CC. 567/06 in the file of CDRF, Thrissur.  The appellants are under orders to restore the agricultural electricity connection and to refund the cost of the meter realized and to pay compensation of Rs.2000/- and cost of Rs.1,500/-.

          2. It is the case of the complainant that he was having an agricultural connection and domestic connection. It is his case that due to lightning in June 2006, the insulation of R-Y phase got burnt and the matter was intimated to the opposite parties.   On 4.7.06, the opposite parties conducted an inspection and prepared a site mahazer  and the meter was replaced and directed to pay Rs.2,235/- towards the cost of meter.   It is denied that the agricultural connection was used from domestic purpose.  The opposite parties disconnected the agricultural connection.

          3. It is the case of the opposite parties that on inspection by the APTS on 4.7.06, it was found that the copper strips of R.Y phases was burnt off.  It is stated that the above happened since unauthorisedly supply was taken from the agricultural connection.  It was also contended that the agricultural connection was disconnected on the request of the complainant.

          4. The evidence adduced consisted of Exts.P1 to P3, R1 and R2.

          5. The Forum has found that there is no evidence at all to prove that the petitioner had requested to dismantle the agricultural connection.  It was noted that in the mahazer, it is mentioned that there was no pertinent use for agriculture and hence the connection is to be dismantled. 

          6. The case of the complainant that his plot consisted of coconut trees, areca trees and other cultivations stands not disproved.  No expert evidence was adduced to establish that the damage to the phases was occasioned on account of the misuse as alleged.  In the above circumstances the Forum below allowed the complaint as above.

          7. We find that there is no illegality at all in the appreciation of the evidence by the Forum.   In the circumstances, we find that there is no scope for interfering in the order of the Forum.

          8. In the result, the appeal is dismissed.

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

JUSTICE  K.R.UDAYABHANU  --  PRESIDENT