Kerala

StateCommission

A/10/127

Secretary, KSEB - Complainant(s)

Versus

K.S.Shanmughadas - Opp.Party(s)

S.Balachandran

12 Apr 2010

ORDER

First Appeal No. A/10/127
(Arisen out of Order Dated 30/06/2009 in Case No. CC 232/03 of District Kollam)
1. Secretary, KSEB ...........Appellant(s)

Versus
1. K.S.Shanmughadas ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

APPEAL  NO:127/2010

                              JUDGMENT DATED:12..04..2010

 

PRESENT

 

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

 

1.The Secretary,

  KSEB, TVPM.

                                                                                                : APPELLANTS

2.The Asst. Engineer,

  KSEB Major Section,

  Karunagappally.

 

(By Adv: Sri.S.Balachandran)

 

            Vs.

K.S.Shanmugha Das,

Consumer No:2027,                                                          : RESPONDENT

Kalpakasseril, Kozhikkode Mekku.

 

                                                JUDGMENT

 

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

                                               

The appellants are the opposite parties/KSEB in OP:232/03 in the file of CDRF, Kollam.

2. The case of the complainant is that he was using less than 20 units per month and hence included in the non payment group. Subsequently the benefits were stopped with retrospective effect on account of ill will to one Assistant Engineer.  Subsequently he informed that the extensions to his house were demolished but the request for inclusion in the non payment group was rejected.  According to him his consumption was less than 17 units.

3. The opposite parties have resisted the claim.  According to the opposite parties the connected load exceeded 500 watts.

4.  The evidence adduced by the testimony of PW1, PW2, DW1, DW2, Exts.P1 to P4 and D1 and D2.  The matter was remanded once.

5. The Forum has relied on Ext.P3 site mehazar prepared by DW2, the engineer concerned on 6/11/2006 wherein the connected load is mentioned as 340 watts.  The Forum has directed the opposite parties to include the complainant in the non payment group and also directed to pay Rs.5000/- as compensation and Rs.3000/- as costs.

6. On a perusal of the order of the Forum we find there is no illegality in the order.  Hence there is no scope for admitting the appeal.  Hence the appeal is dismissed in-limine.

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

 

 

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.

 

PRONOUNCED :
Dated : 12 April 2010

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT