THE SECRETARY, KSEB, VIDHUTHI BHAVAN Vs. JUSTIN JAMES

JUDGEMENT

(1.) The appellant in FA.347/08 is the opposite party KSEB in OP73/05. The appellant in FA348/08 is also the opposite party/KSEB in OP - 78/05 in the file of CDRF, Kollam. The order in OP 73/05 cancelling the bill issued and directed to repay the excess amount Rs. 233 and also an amount of compensation of Rs. 2,000 and Rs. 1,000 as cost is sought to be set aside. In appeal 348/08 the order in OP78/05 directing to refund the bill amount of Rs. 233 and pay sum of Rs. 1,000 as compensation is sought to be set aside.

(2.) In both the matters it is seen that the bills have been issued finding that the meter is not properly recording the energy consumed. It was found that only 34 units are seen recorded whereas for the previous periods the energy consumed vide 7 bills would work out to 147 units. The meter was not tested or replaced. Evidently the procedure adopted by the appellant is not supported by any provision of law. Hence we find that there is no scope for interference so far as the finding of the Forum is concerned.

(3.) All the same in appeal 347/08 ie.OP.73/05 the appellant has been directed to repay the amount with 12% interest and hence we find that the further direction to pay compensation of Rs. 2,000 is not called for. Hence the order to pay compensation Rs. 2,000 is set aside. The rest of the order is sustained. In appeal 348/08 there is no scope for interference. Appeal 348/08 is dismissed. In the result appeal 347/08 is allowed in part and appeal 348/08 is dismissed. Appeal allowed.