KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
REVISION PETITION.355/13
ORDER DATED:31.01.2014
PRESENT :
JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT
SHRI.V.V. JOSE : MEMBER
John Chandy,
Vattakunnel Pulickal House,
Erayilkadavu Kara,
Muttambalam Village, : REVISION PETITIONER
Kottayam-686 001.
(By Adv: Sri. S.A. Karim)
Vs.
1. Kerala State Electricity Board,
R/by its Secretary,
Vydhuthi Bhavan, Pattom,
Thiruvananthapuram.
: RESPONDENTS
2. The Assistant Executive Engineer,
Electrical Section, Kottayam East,
Kottayam-686 001.
(By Adv: Sri.B. Sakthidharan Nair)
ORDER
JUSTICE SHRI. P.Q. BARKATHALI: PRESIDENT
This is a Revision Petition filed by the complainant in CC.109/13 of CDRF, Kottayam challenging the order of the Forum dated, July 26, 2013 in I.A.70/13 dismissing the petition.
2. Complainant filed the complaint before the Forum against the Electricity Board cancelling the penal bill for Rs.6,30,323/- issued to the petitioner. The said bill was issued by the Board on the allegation that Anti Power Theft Squad of KSEB detected theft in the electrical connection on inspection. I.A.70/13 was filed by the complainant for reconnection of the electric connection.
3. As the Forum found that complainant has approached the Hon’ble High Court challenging the said bill where the High Court has directed the respondents for fresh inspection, the petition is not maintainable. Complainant has challenged the said order in this revision.
4. Admittedly complainant has filed Writ Petition No.1690/13 before the Hon’ble High Court and by its order dated:17.01.2013 it was found thus:-
The officials of the KSEB or Anti Power Theft Squad shall to conduct fresh inspection of the premises within a period of 3 days. Electric supply shall be restored to the petitioner immediately after inspection is done by the anti power theft squad or other officials of KSEB. This is subject to condition that no irregularity or theft is detected at the premises of the petitioner on inspection conducted.
5. The opposite party conducted inspection on 19.1.2013 and as they detected theft of electricity an FIR was lodged with Kottayam police station. That being so we are of the view that Forum is perfectly justified in dismissing the petition. Complaint is also not maintainable. But the revision petitioner/complainant is permitted to file objection before the authority who issued the penal bill dated, November 21, 2013 within one month of the receipt of the copy of this order. The authority shall take a decision on this matter within one month from the date of receipt of the objection. Against the order of the authority if not favourable. Revision petitioner is entitled to file appeal before the appellate authority as provided under Electricity Act, 2003.
JUSTICE P.Q. BARKATHALI: PRESIDENT
V.V. JOSE : MEMBER
VL.
