KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 104/2010

JUDGMENT DATED: 07-12-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU                :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                      : MEMBER

1.         Secretary, KSEB,

Thiruvananthapuram.

2.         Asst. Executive Engineer,

KSEB, Kalpetta.                                          : APPELLANTS

3.         Asst. Engineer,

KSEB, Kalpetta.

(By Adv.Sri.B.Sakthidharan Nair)

            Vs.

Sajeev Kamath, S/o Sebastian D’ Souza,

Suresh Garden, Rattakolly,                     : RESPONDENT

Kalpetta.

(By Adv.Sri.K.O.Asokan)

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellants are the opposite parties/KSEB in CC.50/09.  The penal bill issued for a sum of Rs.32,608/- stands quashed.  Allthe same the appellants have been permitted to issue fresh bill under tariff VII-A from 30/8/2008 after deducting the amount already paid by the complainant.

2. The case of the complainant is that the business owned by him was charged under tariff VII-B.  Subsequently he intimated the enhancement of the connected load after re-wiring the building. It is his case that the opposite party did not demand to deposit any additional CD.  Later a penal bill of Rs.32,608/- was issued on 20/2/2009.

3. On the other hand, the opposite parties have contended that on 29/8/2008 on the application of the complainant connected load was verified and it was directed to remit Rs.14,000/- was additional CD as he did not remit the amount in time and remitted the additional CD on 3/3/2009.  Hence for the above period from 28/8/2009 the penal bill has been issued.

4. We find that the opposite parties have not produced any documentary evidence to establish that on 29/8/2008.  The complainant was directed to remit the additional CD for Rs.14,000/-.  All the same the opposite parties has been permitted to issue fresh bill under tariff VII-A from 30/8/2008.  Hence there is no loss occasioned to the KSEB. In the circumstances we find that there is no scope for admitting the appeal.

In the result the appeal is dismissed in-limine.

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

JUSTICE K.R. UDAYABHANU                :PRESIDENT

S. CHANDRAMOHAN NAIR                     : MEMBER

VL.