orders
CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present
Sri. Santhosh Kesavanath P. President
Sri. K.N. Radhakrishnan, Member
CC No. 262/2010
Thursday , the 29th day of September, 2011
Petitioner : Tom Scariah,
Kozipoovananickal
Mundakkayam
Vs.
Opposite party : 1) The KSEB,
Vaidyuthibhavan,
Pattom, Thiruvananthapuram
reptd. by its Secretary.
2) The Assistant Engineer,
Electrical Section,
KSEB, Mundakkayam.
O R D E R
Sri. Santhosh Kesavanath P., President.
Opposite party submitted that petition is not maintainable. According to opposite party fora cannot sit as an appellate authority in which an appeal under section 127 of Electricity Act is preferred by the consumer.
earned counsel. Who appear for the petitioner submitted that petition is maintainable.
We heard both sides, Moot question to be decided in this case is whether consumer fora can adjudicate a petition in which an appeal under section 127 of Electricity Act 2003 is disposed by the Deputy Chief Engineer.
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Hon’ble National Consumer Dispute Redressal Commission answered this question pursuant to the direction dtd: 9..10..2007 issued by Hon’ble Supreme Court in Civil appeal No. 4734/2007 (Accounts officer Jhankhand Vs. Anwar Ali).
In the said case Hon’ble National Commission answered this question as follows:
i) In case a final assessment order passed under section 126 of Electricity Act 2003 if a consumer is aggrieved, he can file complaint under consumer Protection Act. However, it is his option to file complaint under consumer Protection Act or to file appeal under section 127 of Electricity Act 2003.
ii) Further, against the final order passed by the Appellate Authority under section 127 of Electricity Ac t, no complaint can be entertained by the Consumer Fora.
So, based on the above findings of the apex court we are of the view that present petition is not maintainable.
On the above findings petition is dismissed as not maintainable.
Sri. Santhosh Kesavanath, President Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
By Order,
Senior Superintendent
