APPEAL NO.291/09

JUDGMENT DATED 14/09/09

PRESENT:-

JUSTICE SRI.K.R.UDAYABHANU:PRESIDENT

SMT.VALSALA SARANGADHARAN :MEMBER

SRI.M.K.ABDULLA SONA :MEMBER

1. The Kerala State Electriciity Board,

Vydyudhi Bhavan, Pattom,

Thiruvananthapuram, represented by the

Secretary.

:APPELLANTS

2. The Assistant Engineer, Electrical Major

Section,Kuravilangad, Kottayam.

(By Adv.B.Sakthidharan Nair)

Vs

Lovely Lukose, Malanakarottu, :RESPONDENT

Pakalomattom, Kuravilangadu, Kottayam.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU: PRESIDENT

The appellant is the opposite party/KSEB in CC 100/08 in the file of CDRF, Kottayam.The bill issued by the appellant for a sum of Rs.17,150/- stands cancelled.The appellant/opposite party is also directed to pay an amount of Rs.1,000/- as compensation.

2.The case of the complainant is that he isrunning an SSI unit for earning his livelihood.On 21/4/08 the petitioner was served with a bill for an amount to Rs.17,150/- alleging that the complainant failed to segregate power and light points.There was no prior direction from the opposite party in this regard.

3.It is the case of the opposite party that the tariff order insisted that the lighting load and power load shall be segregated and metered by the separate meters.But such separation was not done. Hence the entire current charges will be increased by 50%.Theaudit wingof the opposite party notedthe above illegality and hence the bill was issued.

4.We find that the Forum has rightly held that the power connection is provided after inspection by the officials of the appellant.Evidently there was some collusion or lapse on the part of the appellant when providing connection. The matter was noticedaccording to the appellant only when the audit wing pointed out thesame.For the lapse of the appellant/opposite party the consumer cannot be penalized.There is no case for the appellant that any action was taken against the erring officials.In such a circumstances we find that there is clear deficiency and hence there is no scope for admitting the appeal.

In the resultthe appeal is dismissed in limine.

The office is directed to transmit the copy of the order to the Forum urgently.

JUSTICE K.R.UDAYABHANU: PRESIDENT

VALSALA SARANGADHARAN : MEMBER

M.K.ABDULLA SONA ; MEMBER

PK.