KERALA STATE ELECTRICITY BOARD Vs. A.J SUNNY

JUDGEMENT

(1.) Present revision petition has been field against the order dated 30.4.2019 in first appeal No.301/2015 of the petitioners against the order dated 12.2.2015 in complaint No.CC/658/2012 of the respondent (hereinafter called "the complainant.)

(2.) The admitted facts of the case are that the complainant was running a textile shop for earning his livelihood by means of self-employment and an electricity connection was provided to him by the petitioners. During the inspection in November, 2005 he has found using the more electricity load than was sanctioned to him. A provisional bill was issued to him on 11.1.2006. Thereafter, on the application of the complainant, misuse of electricity was regularized in the year 2008 and extra load was sanctioned in his favour. Thereafter a bill dated 14.9.2012 was issued to the complainant for the period February, 2006 to December, 2008 for a sum of Rs.1,07,476/-. The complainant filed the complaint alleging that since the said bill was issued under Section 56 of the Indian Electricity Act after four years, the bill was barred by limitation and no demand can be raised.

(3.) The complaint was contested by the petitioner. They took several objections including that the complaint was not maintainable and complainant was not a consumer and that the textile shop was a commercial establishment. They had also submitted that this bill had been issued for the period when the unauthorized load was being used by the complainant and was not regularized and that since this amount was due, therefore the complainant was liable to pay that amount and the limitation clause was not applicable. Parties led their evidences.