Kerala

StateCommission

A/09/577

Sankarankutty - Complainant(s)

Versus

KSEB - Opp.Party(s)

05 Nov 2009

ORDER

First Appeal No. A/09/577
(Arisen out of Order Dated 14/09/2009 in Case No. EA 154/05 of District Trissur)
1. SankarankuttyKerala ...........Appellant(s)

Versus
1. KSEBKerala ...........Respondent(s)

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

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ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
                   VAZHUTHACAUD THIRUVANANTHAPURAM
 
                                                APPEAL NO.577/09
                                                    JUDGMENT DATED 5.11.09
 
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU           -- PRESIDENT
SRI.M.K.ABDULLA SONA                                      -- MEMBER
 
P.Sankarankutty,
Nagathu Veedu,, Thalavanikkara
Thathole P.O, 680306                                        -- APPELLANT
Thrissur District.
 
          Vs.
1. Sunny P.A, Overseer,
    KSEB, Marathakkara Electrical Section,
    Marathakkara.P.O.
2. Asst.Engineer, KSEB,
    Marathakkara Electrical Section,
    Marathakkara.P.O.
3. Deputy Chief Engineer,                                  -- RESPONDENTS
    Electrical Circle office,
    KSEB, Kottappuram, Thrissur.
4. KSEB rep. by the Secretary,
    KSEB, Thiruvananthapuram.
 
 
                                                JUDGMENT
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
 
          The appeal is filed over the order of the Forum in EA 16/2009 in OP.154/05. The case of the appellant/complainant is that the opposite party remitted only Rs.5000/- as per the order of the Forum. The Forum have ordered to pay the amount within one month. The amount has been paid after filing the EP. According to him, he had to appear before the Forum a number of times and finally after 215 days the amount has been deposited the opposite party. The case of the complainant is that although the order passed by the forum within one month the matter has been deliberately protracted and he has sought for interest and costs.
          We find that the Forum has not specified that the amount would carry interest after the stipulated period mentioned in the judgment. All the same, we find that the Forum ought to have allowed costs to the petitioner for    filing the EP and pursuing the matter. There is no reason as to why the amount has not been paid in time.  
          In the circumstances, the respondent/KSEB is directed a sum of Rs.500/- towards costs to the petitioner.   The amount is to be paid within one month of receipt of copy of this order failing which the same will carry interest at 12% per annum from today. The amount can also be adjusted in the energy charges due if any.
 
JUSTICE K.R.UDAYABHANU          -- PRESIDENT
 
 
 
 M.K.ABDULLA SONA                     -- MEMBER
PRONOUNCED :
Dated : 05 November 2009

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