Writ petition filed by a consumer was dismissed and writ petition by the Electricity Board was allowed. The court held that the Ombudsman erred in relying on Clause 42.3 of the Terms and Conditions of Supply which pertains to meter defects, not faulty phase connections.
Writ petition by consumer dismissed; writ petition by Board allowed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 27TH DAY OF MARCH 2018 / 6TH CHAITHRA, 1940
WP(C).No. 31294 of 2008 -----------------------
PETITIONER
JOSE CHACKO, AGED 45 , S/O OF M.C. CHACKO, RESIDING AT MADHAVASSERY HOUSE, PERUMBAVOOR P.O., ALUVA, ERNAKULAM, DISTRICT PIN 683 542.
BY ADVS.SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY
RESPONDENT(S):
1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTRICT.
2. ASSISTANT EXECUTIVE ENGINEER, ANTI-POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTRICT-1.
3. SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PERUMBAVOOR, ERNAKULAM
DISTRICT, PIN 683 542.
4. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PERUMBAVOOR,ERNAKULAM DISTRICT, PIN 683 542.
BY ADVS. SRI.C.K.KARUNAKARAN, SC SRI.P.P.THAJUDEEN, SC SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN,SC SRI.P.A.AHAMED, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-03-2018, ALONG WITH WPC NO.31711/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 31294 of 2008
APPENDIX
PETITIONERS EXHIBITS:
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
K.V. P.S.TO JUDGE 24.04.2018
A.MUHAMED MUSTAQUE, J.
**********************************************************************
W.P.(C) Nos.31294 & 31711 of 2008
JUDGMENT
These writ petitions concern an order passed by the
Ombudsman constituted for hearing complaints from the consumers of electricity. The Kerala State Electricity Board (for short, the Board) challenges the above order in W.P.(C) No.31711 of 2008 and the consumer filed W.P.(C) No.31294 of 2008 to implement the order. Both writ petitions are taken up together for disposal.
with three phases. Two phases found faulty on an inspection by the APTS. The short assessment made by
the Board based on the consumption of single phase, the consumer filed an appeal before the Consumer Grievance Redressal Forum. The said appeal was unsuccessful.
Thereupon, the consumer approached the Ombudsman,
W.P.(C) Nos.31294 & 31711 of 2008 2
which is the subject matter of both writ petitions. The
Ombudsman passed an order in favour of the consumer directing the Board to revise the demand.
W.P.(C) Nos.31294 & 31711 of 2008 3
judgment of this Court in O.P.No.11418 of 2003 dated 9.7.2003 and submitted that computation of the calculation was approved by this Court.
In the light of the above judgment, this Court finds
that the Ombudsman went wrong in deciding the matter. In
that view of the matter, the writ petition filed by the consumer is dismissed and the writ petition filed by the Board is allowed. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
3 issues framed by the court
Whether the Ombudsman correctly applied Clause 42.3 of the Terms and Conditions of Supply for a short assessment based on faulty meter phases.
Whether the demand for short assessment is barred by limitation or without theft of electricity.
Whether the writ petition filed by the consumer should be allowed or dismissed given the Ombudsman's error.
Colour shows how this judgement treated each authority
O.P.No.11418 of 2003 dated 9.7.2003Relied on¶50
1 provisions across 1 enactments
Jose Chacko
Kerala State Electricity Board
A Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
