NCDRC

NCDRC

RP/4264/2009

KERALA STATE ELECTRICITY BOARD & ANR. - Complainant(s)

Versus

SUNIL V. THOMAS - Opp.Party(s)

MR. M.T. GEORGE

04 Dec 2009

ORDER

Date of Filing: 18 Nov 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4264/2009
(Against the Order dated 10/07/2009 in Appeal No. 508/2005 of the State Commission Kerala)
1. KERALA STATE ELECTRICITY BOARD & ANR. ...........Appellant(s)

Vs.
1. SUNIL V. THOMAS ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Ms.Smitharani M.R., Advocate for MR. M.T. GEORGE, Advocate
For the Respondent :NEMO

Dated : 04 Dec 2009
ORDER

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          Petitioner, Kerala State Electricity Board, was the opposite party before the District Forum.
          Respondent is running a movie theatre for the purpose of earning his livelihood by means of self-employment. He had taken electricity connection from the petitioner. Old meter got burnt. Respondent requested the petitioner to install another meter. The old meter was removed and replaced by electronic meter. The electronic meter showed higher reading. Based on the difference between the bills for the previous months with the bills issued after installation of the new meter, petitioner asked the respondent to pay a sum of Rs.42,649/- as additional charges towards short assessment for 6 months immediately prior of the replacement of the meter. Aggrieved by this, respondent file a complaint before the District Forum.
          District Forum allowed the complaint and quashed the additional bill issued by the petitioner in the sum of Rs.42,649/-. Rs.1,000/- were awarded towards mental agony and Rs.750/- towards costs.
          Aggrieved by this, petitioner filed an appeal before the State Commission. State Commission upheld the order of the District Forum in so far as it quashed the demand raised for additional amount of Rs.42,649/-. However, the State Commission deleted the costs and compensation. On merits, it was held that the petitioner had failed to follow the procedure for claiming additional amount based on the short assessment. 
          We agree with the view taken by the State Commission. There is a procedure provided for raising additional bill based on short assessment, which, admittedly in this case, has not been followed. The petitioner did not get the old meter tested in the laboratory to show that it was running slow. In the absence of the same, the petitioner could not raise demand for the short assessment. Dismissed.


......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER