STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/178/2021 null SECRETARY KSEB LTD PRESENT ADDRESS - VYDHYUTHI BHAVAN THIRUVANANTHAPURAM ,KERALA.

ASSISTANT ENGINEER KSEB LTD ELECTRICAL SECTION PRESENT ADDRESS - MUNDOOR ,KERALA.

DEPUTY CHIEF ENGINEER PRESENT ADDRESS - ELECTRICAL SECTION THRISSUR ,KERALA.

.......Appellant(s)

Versus CRAFT TILES PERINGANNUR PRESENT ADDRESS - PERAMANGALAM P O ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: INVALID DATETIME

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 178/2021 JUDGMENT DATED: 03.03.2025 (Against the Order in C.C. 268/2012 of DCDRC, Thrissur)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER APPELLANTS:

1. K.S.E.B. Ltd., Vaidyuthi Bhavan, Thiruvananthapuram, represented by its Secretary.

2. Assistant Engineer, KSEBL, Electrical Section, Mundoor.

3. Deputy Chief Engineer, Electrical Section, Thrissur.

(By Adv. Aniyoor K. Venugopalan Nair and Adv. N.G. Mahesh)

Vs.

RESPONDENT:

Craft Tiles, Peringannur, Peramangalam P.O., represented by Proprietor, M.

Krishnankutty, S/o Dhamodharan Nair, Kattoor House, Konikkara P.O., Thrissur.

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT The appellants are the opposite parties in C.C. No. 268/2012 on the files of the District Consumer Disputes Redressal Commission, Thrissur (for short “the District Commission”).

2. The complainant is the consumer of the opposite parties, having consumer number 9545. In the year 2003, the Anti-Power Theft Squad of the Kerala State Electricity Board inspected the premises of the complainant and a bill for Rs. 46,394/- (Rupees Forty Six Thousand Three Hundred and Ninety Four only) was issued to the complainant on 08.05.2003. The complainant challenged the said bill. According to the complainant, the further proceedings of the bill had been stopped. However, the complainant received a notice dated 17.02.2012 to remit an amount of Rs. 46,394/- (Rupees Forty Six Thousand Three Hundred and Ninety Four only). The complainant also stated that he received a notice dated 25.05.2012 to remit an amount of Rs. 73,596/- (Rupees Seventy Three Thousand Five Hundred and Ninety Six only) on or before 30.05.2012. The complainant contended that the complainant was not bound to remit the said amount. In the said circumstances, the complainant filed the above complaint alleging deficiency in service against the opposite parties.

3. The opposite parties filed a version denying the contentions of the complainant. The opposite parties further contended that the Anti-Power Theft Squad inspected the premises of the complainant on 09.04.2003 and at that time, it was noticed that the power load was connected to the light load by looping using electric wire and hence the capacitors attached to the motors were not working. In connection with the inspection by the Anti-Power Theft Squad, the opposite parties issued a penal bill for Rs. 46,394/- (Rupees Forty Six Thousand Three Hundred and Ninety Four only). The complainant challenged the above bill before the High Court of Kerala in a writ petition and the High Court disposed of the said writ petition on 16.05.2003. The High Court also directed the second opposite party to reconsider the penal bill mentioned above. Accordingly, the complainant was heard, and it was decided that the complainant was liable to pay the above-said amount of Rs. 46,394/- (Rupees Forty Six Thousand Three Hundred and Ninety Four only) as already ordered. It is contended that the assessment was made under Sec. 126 of the Electricity Act. There was no deficiency in service on the part of the opposite parties.

4. Before the District Commission, the complainant filed proof affidavit and Exhibits P1 to P5 were marked for the complainant. The proof affidavit was filed for and on behalf of opposite parties als