STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/671/2017 V THYAGARAJAN PRESENT ADDRESS - GEETHA KUMARI, W/O THYAGARAJAN, GEETHA BHAVAN, NEAR KANIYAPURAM MUSLIM MOSQUE, KANIYAPURAM TVM,KERALA.

.......Appellant(s)

Versus KERALA STATE ELECTRICITY BOARD PRESENT ADDRESS - SECRETARY, VAIDYUTHI BHAVAN, PATTOM, TVM,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 31/10/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 671/2017 JUDGMENT DATED: 31.10.2025 (Against the order in O.P.No.154/2004 on the files of DCDRC, Thiruvananthapuram)

PRESENT:

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

1.

V. Thyagarajan (died on 20.09.2007) and Legal Heirs were impleaded as supplementary complainants 2 to 4

2.

Geetha Kumari, W/o V. Thyagarajan, Geetha Bhavan, Near Kanuapuram Muslim Mosque, Kaniyapuram, Thiruvananthapuram

3.

T.G. Prasantha, S/o V. Thyagarajan, Geetha Bhavan, Near Kanuapuram Muslim Mosque, Kaniyapuram, Thiruvananthapuram

4.

T.G. Praveen, S/o V. Thyagarajan, Geetha Bhavan, Near Kanuapuram Muslim Mosque, Kaniyapuram, Thiruvananthapuram (by Adv. S. Reghukumar and Adv. K.P. Ranadive)

Vs.

RESPONDENTS:

1.

Kerala State Electricity Board represented by its Secretary, Vaidyuthi Bhavan, Pattom, Thiruvananthapuram

2.

Deputy Chief Engineer (APTS), KSEB Vaidyuthi Bhavan, Pattom, Thiruvananthapuram

3.

Deputy Chief Engineer, KSEB Electrical Circle (Urban), Power House Building, Thiruvananthapuram

4.

Assistant Engineer, KSEB Electrical Section, Kaniyapuram, Thiruvananthapuram (By Adv. B. Sakthidharan Nair)

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT The appellants are the complainants in O.P.No.154/2004 on the files of the District Consumer Disputes Redressal Commission, Thiruvananthapuram (for short, the District Commission).

2. The deceased original complainant was a consumer of the electric supply provided by the opposite parties. He was conducting fashion jewellery under the name and style ‘Raja Fashion Jewellery’ in the said premises. On 04.02.2004, at about

1.30p.m., the officers of the opposite parties visited the shop and installed a meter therein. Thereafter, at about 5.30p.m. on the same day, some other officers of the opposite parties visited the shop and disconnected the electric connection alleging theft of electricity. The opposite parties also issued a penal bill for Rs.2,53,353/-. The connection was restored on 10.03.2004 on payment of Rs.50,671/-.

3. The opposite parties 1 to 4 contended that the electric connection was in the name of Shanavas and the original complainant was a tenant, running a jewellery shop in the premises. On 04.02.2004, the Anti Power Theft Squad of the Kerala State Electricity Board, Thiruvananthapuram conducted a surprise visit to the premises of the complainant and on inspection, it was found that the complainant had committed theft of electricity using a remote relay mechanism. Therefore, a penal bill was prepared for 10 KW connected load and 3500 units average bi-monthly consumption at three times the normal rate for the previous six months, which amounted to Rs.2,53,353/-. There was no deficiency in service on the part of the opposite parties.

4. During the pendency of the complaint, the original complainant died and his legal heirs were impleaded as the additional complainants 2 to 4. The additional second complainant filed proof affidavit and she was examined as PW1. Exhibits P1 to P5 were marked for the complainants. DW1 was examined and Exhibits D1 to D4 were marked for the opposite parties. After evaluating the evidence, the District Commission dismissed the complaint.

5. Originally, the District Commission had passed an order, which was challenged before this Commission