Kerala

StateCommission

A/09/491

Asst.Exe. Engineer, KSEB - Complainant(s)

Versus

Kunhikkoya - Opp.Party(s)

S.Balachandran

29 Sep 2010

ORDER

First Appeal No. A/09/491
(Arisen out of Order Dated 28/03/2009 in Case No. CC 100/07 of District Malappuram)
1. Asst.Exe. Engineer, KSEBKerala ...........Appellant(s)

Versus
1. KunhikkoyaKerala ...........Respondent(s)

BEFORE :
HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

 

FIRST APPEAL 491/2009

JUDGMENT DATED: 29/9/2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU                   : PRESIDENT

 

1. Assistant  Executive Engineer,            : APPELLANTS

    Electrical Section, K.S.E.B.,

     Vengara, Malappuram.

2. K.S.E.B., represented by its

     Secretary, K.S.E.B.,

     Thiruvananthapuram.

 

(By Adv.S.Balachandran)

 

          Vs.

Kunjikkoya.V.P.,                                        : RESPONDENT

S/o Cheriya Mohammed,

Vydhyakkaranpotti House,

Valiyora.P.O., Vengara,

Malappuram.

JUDGMENT

 

JUSTICE SRI.K.R.UDAYABHANU                   : PRESIDENT

 

          The appellants are the opposite parties/KSEB in CC.100/07 in the file of CDRF, Malappuram.  The bill issued by the appellants for a sum of Rs.4,622/- stands cancelled.

          2. It is the case of the complainant that he was having bimonthly consumption of 131 units only for the past 9 months on an average.

          3. Opposite parties have contended that on 6.8.07 the consumption recorded was 1078 units.  On complaint the meter was replaced and the old meter was tested   by the Electrical Inspectorate and found free from any defects. The present reading in the new meter is only 66 units.  It is stated that the complainant has reduced the consumption.

          4. The evidence adduced consisted of the proof affidavits filed by the respective sides and Exts.A1 to A5 and Ext.B1.

          5. The Forum has cancelled the bill assuming that there was spurt in recording the energy and hence the bill was set aside. Ext.B1 meter testing report  by Electrical Inspectorate would show that the meter had no defects.  No reason as such for the excessive consumption recorded in the meter could be found out  as the meter is not having any defects.  The only possibility is that the complainant  would have consumed more energy.  In the circumstances the order of the Forum is set aside and the appeal is allowed.

          Office will forward the copy of this order to the Forum urgently.

 

 

          JUSTICE SRI.K.R.UDAYABHANU                   : PRESIDENT

ps

 

         

 

 

PRONOUNCED :
Dated : 29 September 2010

[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT