NCDRC

NCDRC

RP/3829/2009

G.N. RAVINDRA PANICKER - Complainant(s)

Versus

KERALA STATE ELECTRICITY BOARD (KSEB) - Opp.Party(s)

IN PERSON

08 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3829 OF 2009
 
(Against the Order dated 30/06/2009 in Appeal No. 859/2006 of the State Commission Kerala)
1. G.N. RAVINDRA PANICKER
Gopalapurathu House, Thekkuthodu. P.O.
Dist. Pathanamthitta
KERALA -689699
...........Petitioner(s)
Versus 
1. KERALA STATE ELECTRICITY BOARD (KSEB)
The Seretary, Vaidyuthi Bhawan, Pattom,
Thiruvananthapuram
KERALA
2. THE ASSISTANT ENGINEER
Electrical Section Office, Konni
Pathanamthitta Dist.
KERALA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 08 Dec 2010
ORDER

          Petitioner/complainant filed the complaint stating therein that the respondents had illegally collected meter rent at the rate of Rs.10/- per month from 16.4.2004 to 22.4.2005.  According to the petitioner, respondents were not empowered to collect the meter rent from him, as the meter installed in the premises was faulty during the above-said period.

          District Forum allowed the complaint and directed the respondent to return Rs.60/- collected as meter rent for the said period along with interest at the rate of 12% per annum along with a compensation of Rs.1,000/-. 

          In the appeal filed by the respondent, the State Commission has reversed the order of the District Forum by observing thus :

“On hearing the learned counsel for the appellants and on perusing the relevant provisions we find that the disputed period is 16/10/04 to 22/4/05 and the Electricity Act, 2003 has come into force on 10/6/03.  It is also noted that the Sec.26(2) has been replaced by Sec.55 of the new Act and unless the consumer elects to purchase a meter himself he is liable to pay the hire charges if the meter is installed by the KSE Board.  In the instant case the complainant has no case that he has purchased the meter and the same was installed in the premises.  It seems that the Forum has passed the order on an apprehension that the disputed period is covered by the Indian Electricity Act, 1910.  We find that it is not correct.  As the period involved is after the commencement of the Act, the dispute cannot be resolved under the provisions of the old Act and in such a circumstance we are not inclined to uphold the order of the Forum below in directing the opposite parties to pay back the amount of Rs.60/- with interest and compensation and cost of Rs.1,000/-.”

 

          We agree with the view taken by the State Commission.  Petitioner, who is appearing in person, has not been able to displace any of the findings recorded by the State Commission.  Otherwise also, the dispute is of a meagre amount of Rs.60/-.  No interference is called for.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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