M.A.JOSE Vs. SECRETARY K.S.E.B.
LAWS(KERCDRC)-2009-4-5
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 25,2009

M.A.Jose Appellant
VERSUS
Secretary K.S.E.B. Respondents

JUDGEMENT

M.V.VISWANATHAN, JUDICIAL MEMBER - (1.)The above two appeals are preferred from the order dated 31st July 2003 passed by the CDRF, Ernakulam in OP. Nos. 7/03 and 51/03. The above complaints were preferred by the appellant in these appeals as complainant alleging deficiency in service on the part of the opposite party KSEB in issuing bill dated 10.11.2002 for Rs. 25,305/ - and the second bill dated 10.01.2003 for Rs. 22,151/ -. The opposite parties entered appearance and contended that there was no deficiency in service on the part of the opposite parties in issuing the aforesaid energy bills. They further contended that there was no defect in the meter and the meter was found functioning properly. But there was earth leakage in the installation at the premises of the complainant. They also contended that the Assistant Executive Engineer of the KSEB Major Section, Muvattupuzha inspected the premises of the complainant and prepared the site mahazar and the same was got signed by the Manager of the complainants company. Thereby, it was ascertained as to whether there was any defect in the meter. It is also the case of the opposite parties that the energy meter was tested and it was found that there was no defect in the meter. Thus, the opposite parties requested for dismissal of the complaint.
(2.)Before the forum below Exts. A1 to A3 and Ext. C1 meter reading register were produced and marked. On an appreciation of the evidence on record the forum below accepted the case of the opposite parties and thereby dismissed the complaints in OP Nos.7/03 and 51/03. Aggrieved by the dismissal of the complaints the present appeals are preferred by the consumer.
(3.)We heard both sides. The learned counsel for the appellants in these appeals submitted his arguments based on the grounds urged in the memorandum of the present appeals. He much relied on the previous energy bills issued by the Board for an amount of Rs. 3000/ - for the monthly consumption and submitted that the issuance of the impugned bills would amount to deficiency in service. On the other hand, the counsel for respondents/opposite parties supported the findings and conclusions of the forum below. He has also produced the test report submitted by the electrical inspector and submitted that there was no defect in the energy meter installed at the premises of the appellant/complainant. He has also submitted his arguments based on the inspection conducted by the Assistant Executive Engineer and that the fact that the site mahazar prepared by the Assistant Executive Engineer was signed by the Manager of the complainant. Thus, the respondents/opposite parties requested for dismissal of these two appeals.


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