State Consumer Disputes Redressal Commission
Assistant Secretary, vs K.T. Thomas, on 23 March, 2012
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/12/154 (Arisen out of Order Dated 06/07/2011 in Case No. CC/08/273 of District Trissur) 1. SECRETARY,TRISSUR CORPORATION TRISSUR KERALA ...........Appellant(s) Versus 1. K.T.THOMAS POST OFFICE ROAD TRISSUR KERALA ...........Respondent(s) BEFORE: HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO.154/2012
JUDGMENT DATED : 23.03.2012
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT
SHRI. M.K. ABDULLA SONA : MEMBER
1. Assistant Secretary,
Electricity Department,
Thrissur Corporation.
:APPELLANTS
2. Thrissur Corporation,
R/by Secretary.
(By Adv:Sri. Shihabudeen Kariyath)
Vs.
K.T. Thomas,
Partner, Thomas & Ignatious,
Chartered Accountants,
Post Office Road, Thrissur.
JUDGMENT
JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT The appellants are the opposite parties/Thrissur Corporation in CC.273/08 in the file of CDRF, Thrissur. Notice issued by the appellant for realization of a sum of Rs.17,392/- as arrears of energy charges stands set aside.
2. According to the complainant on 11.3.2008 he received a demand notice for Rs.17,392/- for the period prior to 3/01. The appellants were exparte before the Forum. The Forum has allowed the complaint relying on Sec.56(2) of the Indian Electricity Act.
3. The counsel for the appellant has relied on the decision of the High Court of Kerala in Abdul Nazer Vs. Kerala State Electricity Board and Others 2006 (1) KLJ 440. On a perusal of the above decision we find that in the above case demand notice was issued prior to the date of commencement of the Indian Electricity Act in the State of Kerala ie on 10.12.2003. It was observed therein that the Act is not retrospective and hence the Electricity Board is entitled to realize the amount. As per Sec.56(2) no sum due from the consumer shall be recoverable after the period of 2 years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied. As noted above in the above cited decision demand notice was already issued prior to the said date. Hence we find the above decision is not applicable to the facts of the instant case.
In the result we find that there is no illegality in the order of the Forum. There is no scope for admitting the appeal.
In the result the appeal is dismissed in-limine.
Office will forward a copy of this order to the Forum.
JUSTICE K.R. UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER VL.
[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT