KERALA STATE ELECTRICITY BOARD Vs. MATHEW SYRIAC

JUDGEMENT

(1.) THE Kerala State Electricity Board and another (hereinafter referred to as Petitioners) have come in revision against the State Consumer Disputes Redressal Commission, Kerala (hereinafter referred to as the State Commission) which has confirmed the order of the District Forum and dismissed the Petitioners appeal against the District Forums order dated 17.01.2005 in favour of Mathew Syriac, original complainant before the District Forum and Respondent in this case.

(2.) THE Petitioners case briefly stated is that on 09.08.2001, the Assistant Engineer of the Petitioners Board found that the Respondent who owns a jewellery shop, was using a connected load of 5166 W against the sanctioned load of 2 KWs. A Site Mahazar was prepared and Respondent signed it. THE use of the connected load being more than the sanctioned one is a violation of Section 42(d) of the Conditions of Supply of Electrical Energy, hence a penal bill for Rs.23,559/- was sent to the Respondent for payment.

(3.) THE District Forum also observed that according to a News item published in the Kerala Kaumudi dated 12.09.2001, a press release of the Petitioner Board was referred to, which invited the consumers to intimate their connected load by 21.10.2001 so that the Petitioner Board could regularize or refix the connected load. THE Assistant Engineer of the Petitioner has denied having received any such instructions from the Petitioner Board. District Forum has, therefore, drawn a presumption that the News item was correct and the instructions were not produced before it as it would have weakened the case of the Petitioners. THE Petitioners, however, did not say that the News item was wrong or that they had not issued any such press note. In short, even if there was any excess connected load the same would have been regularized rather than penalized if it was detected before 21st October, 2001.