KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.710/04 JUDGMENT DATED.12.8.09 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT 1. The Secretary, KSEB., Trivandrum. 2. The Asst.Ex.Engineer, -- APPELLANTS Electrical Major Section, Erattupetta, Kottayam. (By Adv.B.Sakthidharan Nair) Vs. M.J.Mathew, Bharat Petroleum Dealer, -- RESPONDENT Erattupetta, Kottayam. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU:PRESIDENT The appellant is the opposite party in OP.254/02 in the file of CDRF, Kottayam. The Bill issued by the appellant stands cancelled and the appellant is also under direction to issue a fresh bill for the period February-March 2002 only taking the average consumption of previous 3 months. Appellant is also directed to pay cost of Rs.750/-, which can be adjusted in future bills. 2. The case of the complainant is that he has been issued with an adjustment invoice for Rs.6389/- reassessed for 50% of the recorded consumption for the past 6 months on the ground that one phase was found to be not recording energy at the time of inspection by APTS in the petrol pump of the complainant. It is pointed out that only in the bill issued in the month of February-March 2002 there was a fall in the energy consumed. Hence issuing bill for 6 months is in proper. 3. The case of the opposite party/appellant is that at the time of inspection, one of the 3 phases was not recording consumption. Hence 50% for the past 6 months was assessed as escaped energy. 4. The Forum after considering the evidence found that there was fall in the energy consumed only for the period February-March 2002 taking the average consumption of previous 3 months. I find that the energy consumption pattern from April, May 2001 bi- monthly is 437 units, 439 units, 407 units, 469 units, 447 units and for the period February-March 2002 is 363 units. Evidently, there is a marked fall in the energy recorded in February-March 2002 only. Hence, it is unjust to issue additional bill for the previous periods. I find that there is no illegality in the order of the Forum. Hence the appeal dismissed. JUSTICE K.R.UDAYABHANU-- PRESIDENT S/L
......................JUSTICE SHRI.K.R.UDAYABHANU | | 
