Kerala

StateCommission

A/14/357

SHABBIR ABDUL TAYEB - Complainant(s)

Versus

THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD - Opp.Party(s)

DAVID KOSHI

06 Oct 2017

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO.357/14

JUDGMENT DATED:06.10.2017

 

 (Against the order in CC.143/12 of CDRF, Kollam)

PRESENT : 

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN: PRESIDENT

SHRI.V.V.JOSE                                                                     : MEMBER

Shabbir Abdul Tayeb,

ATSK Gardens, Olayil Ward,

Kollam Corporation,                                                                      : APPELLANT

Kollam-691 009.

 

(By Adv: Sri. David Koshy)

 

            Vs.

Assistant Executive Engineer,

Kerala State Electricity Board,

Electrical Sub Section, Olayil,                                                     : RESPONDENT

Kollam, Thiruvananthapuram.

 

(By Adv: Sri. B. Sakthidharan Nair)

 

JUDGMENT

JUSTICE SHRI.S.S. SATHEESACHANDRAN : PRESIDENT

Appeal is directed against the Order dated:12.6.2014 of the District Forum, Kollam dismissing the complaint of the appellant.  Aggrieved by the order he has filed the appeal. Appeal coming up for hearing today the appellant remains absent.  There was no representation for appellant also.  Respondent is represented by counsel.

2.      Perused the records and heard the counsel for respondent.  Challenge in the complaint was against a bill issued by the respondent claiming arrears of electricity charges payable for the electric connection to a building owned by the sister of the complainant/appellant, which was let out to a tenant.  Claiming to be the power of attorney holder of his sister complainant moved the complaint but did not tender the power of attorney despite  challenge from the respondents over his competency to prefer the complaint.  Complainant claimed compensation from the respondent alleging that the owner had no liability to pay the amount claimed in the bill.  Over and above impeaching the maintainability of complaint respondent contended that for the liability of a tenant, as per the rules and regulations applicable.  Electricity board is competent to take steps to realize arrears due for the electric connection for the owner as well.  Necessary notification issued by the Government in that regard was also produced before the Forum.  Accepting the above contention the Forum dismissed the complaint. Impeaching its correctness the appeal is preferred by the complainant, but, he has not turned up for prosecution as appeal.

3.      Perusing the materials on records we are satisfied the order passed by the Forum holding that the owner is liable to pay arrears due for the default of the tenant is unassailable.  There is no merit in the appeal and it is dismissed, but, without any order as to costs.

 

JUSTICE S.S. SATHEESACHANDRAN: PRESIDENT

 

 

V.V.JOSE  : MEMBER

 

 

VL.

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V.V.JOSE  : MEMBER

VL.