KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 798/2006

JUDGMENT DATED:  09-02-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU            :  PRESIDENT

SHRI. M.K. ABDULLA SONA                            :  MEMBER

APPELLANT

Assistant Executive Engineer,

Electrical Section, KSEB,

Kottiyam, Kollam.

          (Rep. by Adv. Sri. S. Balachandran)

                    Vs

RESPONDENT

Muyunudeen, S/o Abdul Salam,

Managing Partner, A.B. Industries,

Kanjiramkadavu, Mylakkad, Kollam.

(Rep. by Adv. S.S. Kalkura & others)

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:   PRESIDENT

            The appellants are the opposite parties/KSEB in OP No. 393/04 in the file of CDRF, Kollam.  The appellants are under orders to permit the opposite party to pay the bill amount in 12 monthly instalments and without levying any surcharge and interest.

          The disputed bill ie, Ext.P1 is for the period from 10/02 to 08/04 for a sum of Rs. 1,75,314/-.  It is admitted by the opposite parties/appellants that the above bill represented the excess amount for the above period, which happened to be not charged on account of the mistake on the part of the opposite parties.  The multiplication factor was wrongly taken as 10 instead of 20.  Hence the lumpsum bill for Rs. 1,75,314/- was issued.

          The Forum has upheld the entitlement of the appellant to claim the amount but directed the amount to be paid in instalments and without surcharge and interest.  We find that there is no illegality in the order of the Forum.  The complainant cannot be burdened with surcharge and interest for the mistake on the part of the officials of the opposite parties.  We find that no interference is called for the order of the Forum.  The appeal is dismissed.

          The office is directed to forward the LCR to the Forum urgently.

                                    JUSTICE K.R. UDAYABHANU:   PRESIDENT

                                       M.K. ABDULLA SONA                  :  MEMBER