INDUS TOWERS LTD. Vs. KERALA STATE ELECTRICITY BOARD, THE ASSISTANT ENGINEER ELECTRICAL SECTION, EXECUTIVE ENGINEER ELECTRICAL CIRCLE AND DEPUTY CHIEF ENGINEER ELECTRICAL SECTION

JUDGEMENT

(1.) EXT . P2 order passed by the Consumer Grievance Redressal Forum (South) Kottarakkara on a petition filed by the petitioner, a consumer of the Kerala State Electricity Board, is under challenge in this writ petition. Ext. P2 order was passed on 15.3.2013. It was served on the petitioner on 2.4.2013. The order itself recites that an appeal lies to the State Electricity Ombudsman. The period of limitation within which the appeal has to be filed is also mentioned therein. Under regulation 56(3) of the Kerala State Electricity Board (Terms and Conditions of Supply), 2005, there is no stipulation that a portion of the amount involved in the dispute should be deposited before invoking the jurisdiction of the State Electricity Ombudsman. In such circumstances, I am of the opinion that the petitioner should move the State Electricity Ombudsman challenging Ext. P2 order in appeal instead of straight away invoking the jurisdiction of this Court. I accordingly dispose of the writ petition with a direction that in the event of the petitioner filing an appeal before the State Electricity Ombudsman challenging Ext. P2 order within two weeks from today, the State Electricity Ombudsman shall entertain it as one filed within 2 time and dispose it of on the merits. Until such time as the State Electricity Ombudsman disposes of the appeal if filed pursuant to this judgment, electricity supply to the petitioner (Consumer No. 16741 of Electrical Sub Division, Beach, Trivandrum) shall not be disconnected, in the event of the petitioner remitting 25% of the amount demanded namely 25% of the sum of Rs. 2,12,961/ - within ten days from today.