ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL OFFICE Vs. AUGUSTINE

JUDGEMENT

(1.) The above appeal is preferred against the order dated:8th March 2011 passed by CDRF, Thrissur on I.A.120/11 in CC.734/08. Appellants were the respondents and the respondent in this appeal was the petitioner in the said I.A.120/11. It was filed under Sec.27 of the Consumer Protection Act. It was the case of the petitioner/complainant that the respondents (appellants) failed to comply with the interim order passed on I.A.1032 A/08. So, the aforesaid I.A.120/11 was filed to proceed against the respondents/appellants under the provisions of Sec.27 of the Consumer Protection Act.

(2.) The appellants who are the respondents in I.A.120/11 entered appearance and filed counter stating that there was no violation of the order passed by the Forum below. They further contended that there was no order in existence to be complied with and that there was no prohibitory order restraining the appellant/KSEB from demanding the amounts for the electricity supplied to the complainant. Thus, the respondent/KSEB prayed for dismissal of the I.A.120/11.

(3.) The complainant/petitioner was examined as PW1, Exts.P1 to P6 documents were marked on his side. On the side of the respondent/KSEB, Exts.R1 and R2 documents were also produced. On an appreciation of the evidence on record, the Forum below passed the impugned order dated:8th March 2011 finding the 1st respondent/Assistant Executive Engineer, Electricity Office, Pattikkad, Thrissur as guilty of violating the order passed by the Forum below. Thereby the offender is sentenced to imprisonment for a term of 3 months and to pay a fine of Rs.5000/-. Aggrieved by the said order, the present appeal is filed by the appellant/Assistant Executive Engineer, Pattikkad, Thrissur.