Kerala

StateCommission

A/08/148

KSEB - Complainant(s)

Versus

Kizhakke Perinchiri Aboo - Opp.Party(s)

S.Balachandran

20 Oct 2009

ORDER

First Appeal No. A/08/148
(Arisen out of Order Dated 30/04/2008 in Case No. CC 60/07 of District Malappuram)
1. KSEBAsst. Exe. Engineer,KSEB, Chelari, MalappuramKerala2. Asst.Exe. EngineerKSEB, Parappanangadi, MalappuramKerala3. ChairmanKSEB, Pattom, ThiruvananthapuramKerala ...........Appellant(s)

Versus
1. Kizhakke Perinchiri AbooS/o Mammunny, Chenakkalangadi, Thenhippalam,MalappuramKerala ...........Respondent(s)

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ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHAPURAM
APPEAL 148/08
JUDGMENT DATED: 20.10.09
Appeal filed against the order passed by CDRF, Malappuram in CC.60/07
PRESENT
JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT
SMT.VALSALA SARANGADHARAN          : MEMBER
SRI.M.K.ABDULLA SONA                             : MEMBER
 
 
1.     Assistant Engineer,                        : APPELLANTS
Kerala State Electricity Board,
Chelari, Malappuram.
2.     Assistant Executive Engineer,
Kerala State Electricity Board,
Parappanangadi, Malappuram.
3.     Chairman, K.S.E.B., Pattom,
Trivandrum.
(By Adv.S.Balachandran)
 
        vs.
 
    Kizhakke Perinchiri Aboo,                              : RESPONDENT
    S/o Mammunny, Chenakkalangadi,
    Thenhipalam, Malappuram.
  
JUDGMENT
 
SRI.M.K.ABDULLA SONA          : MEMBER
 
This appeal prefers from the order passed by CDRF, Malappuram in the file of CCNo.60/07.The appellants are the opposite parties prefers this appeal from the above impugned order. In this case the complainant challenged this bill for Rs.7152/- dated 11.6.07 issued by the opposite parties.
2. The opposite parties appeared and contended that the alleged service connection is under L.T.IV tariff and date of connection is 14.12.2000. The registered connected load is 6.165KW. At the time of inspection by Regional Audit Officer it was found that bills were issued to the consumer for 5KW instead of 7KW till the date. Hence the above bill was issued for short assessment for the period of 12/02, 4/07. The complainant is liable to pay charges for the energy consumed by him and that complaint is to be dismissed. 
3. From the part of the complainant 4 documents were produced and marked the Ext.A1 to A4. Apart from these documents he filed an affidavit. Opposite parties filed and marked Ext.B1 and filed their affidavit. The Forum below found that due to bonafide mistake, bills were issued for lesser connected load, the mistake was brought to light in audit               arrangements for counter checking such errors. The forum below found that the opposite party entitled to have the mistake the opposite party is entitled to have the mistake rectified and recover the charges for the energy actually supplied. The provisions envisaged in the new Act, 2003 intends to    give finality to the demands raised by electricity board. Finally the Forum below directed the opposite party to issue revised bill of short assessment for the period of 2 years prior to the date of inspection without any penalty. It is also ordered the complainant to pay an amount of Rs.492/- which is charged towards monthly current charges in Ext.A1 bill. The Forum below setaside the Ext.A1 bill for Rs.7152/- dated 11.6.07 and also further ordered that any amount already paid toward Ext.A1 bill issued, adjusted to future bills if necessary. The appellants prefers this appeal from this above impugned order passed by the Forum below.
4.Heard. This Commission taken a view that the order passed by the Forum below is in accordance with law and evidence. There is no apparent error in the above said order. This Commission is not seeing any reason to interfere in the order.
In the result the appeal is dismissed and confirmed the order passed by CDRF, Malappuram. Both parties are directed to suffer their own respective costs. Points are answered accordingly. 
 
SRI.M.K.ABDULLA SONA                     : MEMBER
 
JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT
 
 
SMT.VALSALA SARANGADHARAN          : MEMBER
 
 
 
 ps
 
PRONOUNCED :
Dated : 20 October 2009