MADHU S.NAIR Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Aggrieved by the order of the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram dated 19.12.2007, setting aside the order of the District forum and allowing the appeal of Kerala State Electricity Board, Complainant, Madhu S. Nair has filed this revision petition before us.

(2.) Shorn of unnecessary details, the factual matrix of the case is as follows: Complainant, Madhu S. Nair, Managing Partner, Montecello Hotel, Thiruvananthapuram had purchased a building where the Hotel is located in the name of the firm as per the sale deed dated 17.1.1990. As a vendee he had agreed to discharge the dues to the Electricity Board to the tune of Rs. 9,951 and this change of ownership was allowed with effect from 7.11.1996 after clearance of all dues. The complainant was served on 26.12.2007 with bill for Rs. 73,416 towards arrears relating to the period from December 1982 till November, 1997. The complainant had filed civil suit No.OS59/98 against the Electricity Board which is still pending. His case is that this amount should be recovered from the previous owner Smt. Vijaya G.K. Unnithan.

(3.) District forum after hearing the parties held as follows: The transfer from one consumer to another does not mean that the new consumer is not liable for the dues of the previous consumer. As per the sale deed the previous consumer binds the new consumer to the previously existing liability also. The operative portion of the order reads as follows: From the bill of Rs. 73,416 an amount of Rs. 55,016 is found illegal, and that much amount is deducted and the balance amount payable by the complainant to the opposite party is fixed at Rs.18,400. Complainant is directed to pay Rs. 18,400 to the opposite parties with future interest at 14.5%, within two months, failing with recovery proceedings can be taken.