KSEB Vs. M.P.SOMAN

JUDGEMENT

(1.) THE above appeal is preferred from the order dated 30th day of October, 2003 of the CDRF, Idukki in O.P. No. 36/03. The complaint in the said op 36/03 was filed by the respondent herein as complainant against the appellants as opposite parties claiming compensation of Rs. 50,500 on the ground of deficiency of service on the part of the opposite parties in providing electric connection to the complainant for agricultural purpose. The lower Forum accepted the case of the complainant to a greater extent and thereby deficiency of service was found on the part of the appellants/opposite parties. The opposite parties are directed to pay sum of Rs. 10,000 as compensation for the deficiency of service with a cost of Rs. 1,000. Aggrieved by the said order the present appeal is filed.

(2.) NOTICE of this appeal was served on the respondent/complainant, but he remained absent. We heard the Counsel for the appellants/opposite parties. He submitted his argument on the basis of the grounds urged in the memorandum of the present appeal. He also relied on the order passed by the KSEB -B.O. No. 499/99 (Planning Commercial 3443/97) Trivandrum, dated 25.2.1999. The learned Counsel for the appellant has also relied on the Government Order (M.S.)/30/99, Agriculture, Trivandrum, dated 4.2.1999 and submitted that the KSEB is authorized to disconnect the supply of electrical energy to agriculturist in the event of failure to remit electricity charges by the Agriculture Department. Thus, the appellants justified their action in disconnecting the electricity supply connection to the complainant/respondent.

(3.) THE points that arise for consideration are: 1. Is there occurred any deficiency of service on the part of the appellants/opposite parties in disconnecting supply of electricity to the complainant/respondent? 2. Is there any sustainable ground to interfere with the impugned order passed by the lower Forum in O.P. : 36/03? Points 1 and 2