PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 28th day of September 2012.
Filed on : 23/03/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 184/2012
Between
Prince Paul, : Complainant
Proprietor, St. George Foods, (By Adv. Tom Joseph, Court
Mother Theresa Road, Road, Muvattupuzha)
Kothamangalam.
And
1. Secretary, : Opposite parties
KSEB, Vydyuthy Bhavan, (By Adv. M.B. Prajith, Chamber
Pattom P.O., No. 446, Kerala High Court
Thiruvananthapuram-690 004. Advocate Association Chamber
Near High Court, Ernakulam)
2. The Assistant Engineer,
KSEB Electrical Section No. II,
Kothamangalam-686 691.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
The complainant is conducting a food products manufacturing unit for earning his livelihood by means of self employment. The complainant availed an electricity connection under LT-IV category with consumer No. 19796. He has been remitting the electricity charges promptly. While so he was served with a short assessment bill dated 23-02-2012 for Rs. 35,620/- for the period from November 2008 to March 2009. The complainant had already paid Rs. 16,000/- as per short assessment bill issued by the 2nd opposite party for the period from November 2008 to March 2009. The disputed bill is not only barred by limitation but also liable to be set aside. This complaint hence.
2. In spite of service of notice from this Forum, the opposite parties opted not to contest the matter for their own reasons. No oral evidence was adduced by the complainant. Ext. A1 was marked on his side. Heard the counsel for the complainant.
3. The only point that arises for consideration is whether the complainant is liable to pay the amount as per Exbt. A1 the impugned bill.
4. During the proceedings in this Forum at the instance of the complainant vide order in I.A. No. 188/2012 dated 23-03-2012 this Forum directed the 2nd opposite party to refrain from disconnecting the electricity connection until further orders.
5. Ext. A1, the bill under dispute goes to show that the short assessment bill was issued for the period from November 2008 to March 2009 which was issued on 24-03-2012 which is admittedly beyond two years from the date of the electricity charges fallen in due. In that view of the matter we have no hesitation to hold that the impugned bill is barred by limitation as per Regulation 18(8) of the Kerala Electricity Supply Code 2005.
6. In the result, we partly allow the complaint and order as follows:
i. The order in I.A. No. 188/2012 is made absolute.
ii. We set aside Exbt. A1 the impugned bill.
Pronounced in the open Forum on this the 28th day of September 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of notice dt. 23-02-2012
Opposite party’s Exhibits : : Nil
