K.K. Shankaran Nair Vs. Kerala State Electricity Board Rep.by Secretary and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1108868
CourtKerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided OnOct-27-2011
Case NumberRevision Petition No. RP/11/59 (Arisen out of Order Dated 06/09/2011 in Case No. cc/317/10 of District Kottayam)
JudgeTHE HONOURABLE SHRI. JUSTICE K.R. UDAYABHANU PRESIDENT & THE HONOURABLE MR. S. CHANDRAMOHAN NAIR MEMBER
AppellantK.K. Shankaran Nair
RespondentKerala State Electricity Board Rep.by Secretary and Others
Excerpt:
justice sri. k.r. udayabhanu : president the revision petitioner is the complainant in cc.317/10 in the file of cdrf, kottayam. the order sought to be revised is the one issued in ia.108/2011. the revision petitioner is under orders to remit ½ of the assessed amount so as to restrain the opposite party from disconnecting electric supply. 2. we find that revision petitioner has been served with a penal bill for a sum of rs.51423/- for unauthorized connected load of 2kw for the period from 25.4.08 to 23.11.10. previously he was served with a penal bill for the period upto 25.4.08 amounting to rs.22559/-. he has remitted the same. it is seen that the revision petitioner has not got the excess connected load regularized in spite of the fact he had remitted the earlier penal bill rs.22559/-. it was in the above circumstances that the forum has directed the revision petitioner to remit the 50% of the amount and directed the opposite party/kseb not to disconnect the supply. 3. as per section 127(2) of the electricity act in order to file an appeal before the appellate authority of the kseb the consumer has to pay 1/3 of the assessed amount so as to enable him to file appeal. although we find there is no illegality as such in the order of the forum in view of section 127(2) we are inclined to direct the revision petitioner to deposit only 1/3 of the bill amount so as to enable him to retain the electric supply. the amount is to be remitted in 3 equal installments. the opposite parties are directed not to disconnect electric supply. the office will forward the copy of this order to the forum at the earliest.
Judgment:

JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT

The revision petitioner is the complainant in CC.317/10 in the file of CDRF, Kottayam. The order sought to be revised is the one issued in IA.108/2011. The revision petitioner is under orders to remit ½ of the assessed amount so as to restrain the opposite party from disconnecting electric supply.

2. We find that revision petitioner has been served with a penal bill for a sum of Rs.51423/- for unauthorized connected load of 2KW for the period from 25.4.08 to 23.11.10. Previously he was served with a penal bill for the period upto 25.4.08 amounting to Rs.22559/-. He has remitted the same. It is seen that the revision petitioner has not got the excess connected load regularized in spite of the fact he had remitted the earlier penal bill Rs.22559/-. It was in the above circumstances that the Forum has directed the revision petitioner to remit the 50% of the amount and directed the opposite party/KSEB not to disconnect the supply.

3. As per section 127(2) of the Electricity Act in order to file an appeal before the appellate authority of the KSEB the consumer has to pay 1/3 of the assessed amount so as to enable him to file appeal. Although we find there is no illegality as such in the order of the Forum in view of section 127(2) we are inclined to direct the revision petitioner to deposit only 1/3 of the bill amount so as to enable him to retain the electric supply. The amount is to be remitted in 3 equal installments. The opposite parties are directed not to disconnect electric supply.

The office will forward the copy of this order to the Forum at the earliest.