KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

FIRST APPEAL 73/2010

JUDGMENT DATED: 24.3.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU            : PRESIDENT

SRI.M.K.ABDULLA SONA                        : MEMBER

Assistant Executive Engineer,                       : APPELLANT

Kerala State Electricity Board,

Edappal, Malappuram.

.

(By Adv.S.Balachandran)

                 vs.

Koyassan.C,                                                          : RESPONDENT

S/o Hassan(Late),

Chakkayil House, Vattamkulam-

Udinikkara, Malappuram.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

The appellant is the opposite party/KSEB in CC.167/08 in the file of CDRF, Malappuram.  The penal bill issued for a sum of Rs.6000/- stands cancelled.

          2. The bill was cancelled as Section126 of the Indian Electricity Act, 2003 was not complied with.  We find that  for more than  any other person it should be the appellant/authorities of KSEB  who should be aware of the provisions  of Indian Electricity Act.   There can be no   excuse for not  complying with the provisions before the issuance of the penal bill.  In the circumstance we find that there is no scope for admitting the appeal. 

In the result the appeal is dismissed in limine.

Office is directed to forward the copy of this order to the Forum.

JUSTICE SRI.K.R.UDAYABHANU            : PRESIDENT

SRI.M.K.ABDULLA SONA                        : MEMBER

ps