P J THOMAS Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The appellant herein was the Complainant before the State Commission of Kerala at Thiruvananthapuram. The complaint was filed against the Kerala State Electricity Board (for short KSEB). By the impugned order, the State Commission dismissed the complaint vide order dated 9.6.1992. Aggrieved by that order, the Complainant has filed this appeal.

(2.) The facts as can be gathered from the records are that the Complainant is the proprietor of St. George Furniture Industries which is registered as S.S.I, unit. After the completion of the factory building and the erection of machineries, the complainant approached the Opposite Party for necessary power supply. The complainant initially applied for power connection under the General Scheme for 25 HP and power allocation was made to him on 16.8.85. Under the conditions of supply of electrical energy registration for service connection has to be made within two months of power allocation, failing which the allocation will automatically stand cancelled. The complainant did not register for service connection and the power allocation made in favour of the Complainant stood cancelled. Thereafter, the appellant applied under the Priority Scheme for 35 HP power connection on 2nd August, 1986. Under the priority scheme, the Complainant was required to deposit Rs. 36,000/-. As the Complainant was in financial difficulties, he applied to the Minister for payment of the amount in instalments, which was allowed. The amount to be paid in instalments; the first one on 19th December, 1987 and the last one on 7th June, 1988. The Complainant executed a bond for payment of Rs. 36,000/- on 19th December, 1987 on which date he remitted the first instalment. The Complainant obtained the licence from Panchayat Authorities for running the factory on 23rd November, 1987. On 21st January, 1988 the Complainant revised his requirement and made an application to the respondent for supply of 18 HP power and not 35 H.P. as already demamded. On 2nd March 1988,18 H.P. power and not 35 H.P. as already demanded. On 2nd March 1988, 18 H.P. power connection was given to the Complainant. After the Complainant had paid the last instalment he was given the additional power connection of 17 H.P. from 8th July, 1989 after the transformer was installed at the premises of the Complainant.

(3.) The allegation of the Complainant is that even after he had paid the first instalment the Opposite Party did not take even the preliminary step to provide electric connection to him and the delay on the part of the Opposite Party resulted in heavy loss to him and he had to pay interest for the loan amounts taken from the State Bank of Travancore and the Kerala Financial Corporation.