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M/S.Pazhassi Rubbers (P) Ltd. v. the Executive Engineer,Kseb, Thalassery

Kerala HC23 Mar 2022CC/3/2003

Case brief

AI extract

What is this about?

In a claim petition by a liquidated company against KSEB regarding a deposited security deposit, the court determined that the Board failed to realize dues and refund the balance upon demand in 2001. Consequently, interest liability was fixed from 2001-02 onwards. The balance amount was directed to be computed and paid within one month.

What did the court decide?

The Board is liable to pay interest from 2001-02 onwards on the balance amount, which shall be computed and paid within one month.

M/S.Pazhassi Rubbers (P) Ltd. Vs the Executive… — Consumer Protection | Kerala HC (2022)

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V.G.ARUN, J.

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========================= C.C NO.3 OF 2003 IN C.P NO.2 OF 1999

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========================= Dated this the 23^rd day of March, 2022

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J U D G M E N T

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The claim petition is filed on behalf of the M/s Pazhassi Rubbers (P)Ltd (company in liquidation)claiming an amount of Rs. 79150/- deposited with the KSEB. In the written statement filed by the KSEB, the security deposit of Rs.79150/- is admitted. It is stated the electric connection to Pazhassi Rubbers (P) Ltd was disconnected on 09.09.1996 and dismantled on 12.03.1999. According to the Board, after adjusting the dues, the balance cash deposit available is Rs. 55372/- and the eligible interest on the deposit is Rs. 63124 as on 17.11.2021.

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2.The dispute between the Official Liquidator and the

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Board is with respect to the date from which the interest is

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C.C NO.3 OF 2003 IN C.P NO.2 OF 1999

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to be reckoned. The Board has reckoned interest from 2004-05 onwards, while the Official Liquidator claims interest from 1999-2000,as the electric connection itself was dismantled on 12.03.1999. Calculated from 19992000, an additional amount of Rs. 19761/ would be due towards interest. According to the Official Liquidator on dismantling the electricity connection the security deposit ought to have been refunded and the interest accrued on the deposit after that date is payable to the consumer. On the other hand, learned Standing Counsel for the Board relied on the Regulations 131(2) and 136(4) to contend that the Board is entitled to interest from the date of default till realisation.

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Going by the records, refund of the security deposit was demanded by the Official Liquidator on 22.1.2001. Thereafter as per its Regulations, the Board should have realized the amount due to it at that point of time and

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C.C NO.3 OF 2003 IN C.P NO.2 OF 1999

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refunded the balance amount to the Official Liquidator. The Board, having failed to do so, is liable to pay interest from 2001-2002 onwards. The balance amount shall be computed accordingly and paid to the Official Liquidator within one month.

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Sd/- V.G.ARUN JUDGE

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SJ

M/S.Pazhassi Rubbers (P) Ltd. v. the Executive Engineer,Kseb, Thalassery

Case brief

What is this about?

What did the court decide?

M/S.Pazhassi Rubbers (P) Ltd. v. the Executive Engineer,Kseb, Thalassery

Case brief

What is this about?

What did the court decide?

What the court decided

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