JAYACHANDRAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE appellant/petitioner challenges the judgment dated 24.1.2011 in W.P.(C) No.992/2011, by which the learned Single Judge dismissed the Writ Petition filed by the petitioner.

(2.) ON 5.10.2009, the Sub Engineer of the Kerala State Electricity Board conducted an inspection at the industrial unit of the petitioner. It was found that the petitioner had not installed capacitors in the motors. A notice was issued, demanding payment of Rs.2,83,733/-, as penal charges. The petitioner challenged that order before the Consumers' Grievance Redressal Forum. The Redressal Forum accepted the contention of the petitioner in part and directed the bill to be revised. The Forum held that levy of penal interest shall be made only from the date of inspection, viz., 5.10.2009. The petitioner was not fully satisfied with that order, since even after that order, no inspection of the site was made by the Electricity officials. He challenged the same before the State Electricity Ombudsman. The Ombudsman, by Ext.P4 order dated 18.11.2010, held that penal charges can be levied only till the date of installation of the capacitors. The Board was directed to inspect the premises and to verify whether the capacitors were installed. According to the petitioner, the capacitors were installed on 9.1.2010. However, there is no record to indicate that the installation of the capacitors was intimated to the Electricity Board. The petitioner sent Ext.P5 letter dated 22.11.2010 to the Electricity Board. Ext.P5 is styled as a reminder to another letter. Shortly after receipt of Ext.P5, the Assistant Executive Engineer conducted the inspection, on 30.11.2010. Penal charges are now claimed from 5.10.2009, the date of first inspection, to 29.11.2010.