State Consumer Disputes Redressal Commission
N Ravindran Nair vs Assistant Engineer Kseb on 27 September, 2022
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM First Appeal No. A/16/194 ( Date of Filing : 27 Feb 2016 ) (Arisen out of Order Dated 31/12/2015 in Case No. CC/544/2004 of District Trissur) 1. N RAVINDRAN NAIR MANAGING PARTNER GLOBE GLASS INDUSTRIES KACHERY INDUSTRIAL AREA P O ANCHERY ...........Appellant(s) Versus 1. ASSISTANT ENGINEER KSEB ELECTRICAL SECTION NADATHARA THRISSUR 2. SECRETARY KSEB THIRUVANANTHAPURAM ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE SRI.K.SURENDRA MOHAN PRESIDENT HON'BLE MR. SRI.T.S.P.MOOSATH JUDICIAL MEMBER SMT.BEENAKUMARI.A MEMBER PRESENT: Dated : 27 Sep 2022 Final Order / Judgement KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL Nos. 193/2016 & 194/2016 COMMON JUDGMENT DATED: 27.09.2022 (Against the Order in O.P. 536/2004 & 544/2004 of CDRF, Thrissur) PRESENT: HON'BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT SRI.T.S.P. MOOSATH : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
APPEAL No. 193/2016
APPELLANT:
N. Ravindran Nair, alias Ravi Nair, Managing Partner, Globe Glass Industries, Kachery Industrial Area, P.O. Anchery, Thrissur.
(By Adv. R.S. Kalkura) Vs. RESPONDENTS:
Assistant Engineer, Electrical Section, Kerala State Electricity Board, Nadathara, Thrissur.
Kerala State Electricity Board, represented by its Secretary, Vidyuthi Bhavan, Thiruvananthapuram.
(By Adv. B. Sakthidharan Nair) APPEAL No. 194/2016 APPELLANT:
N. Ravindran Nair, alias Ravi Nair, Managing Partner, Globe Glass Industries, Kachery Industrial Area, P.O. Anchery, Thrissur.
(By Adv. R.S. Kalkura) Vs. RESPONDENTS:
Assistant Engineer, Electrical Section, Kerala State Electricity Board, Nadathara, Thrissur.
Kerala State Electricity Board, represented by its Secretary, Vidyuthi Bhavan, Thiruvananthapuram.
(By Adv. B. Sakthidharan Nair) COMMON JUDGMENT HON'BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT Both these appeals are filed by the same person challenging a common order passed by the Consumer Disputes Redressal Forum, Thrissur (District Forum for short) dismissing two separate complaints filed by him. The complaints so dismissed are O.P. Nos. 536/2004 and 544/2004. The appellant was the Managing Partner of M/s Globe Glass Industries, Ancheri. He had filed the complaint challenging two bills issued by the 1st respondent who is common to both the appeals. The District Forum found that the appellant had committed theft of electricity and therefore the complaints were dismissed.
2. The counsel for the respondent has handed over to us a copy of the judgment dated 21.02.2017 of the Hon'ble High Court in WP(C) No. 17899/2016. A perusal of the judgment shows that the appellant had approached the Hon'ble High Court after the order of the District Forum, challenging the disputed bills. Copies of the complaints filed before the District Forum as well as the common order against which these appeals are filed were produced before the Hon'ble High Court. In the meanwhile, a final assessment bill dated 26.03.2016 was issued by the respondents for an amount of Rs. 10,77,619/-. The appellant complained that the final bill had been issued to him without issuing notice to or hearing him. The Hon'ble High Court passed final orders on the writ petition filed by the appellant directing him to pay an amount of Rs. 1,00,000/- towards the amount covered by the disputed bill. On such payment, it was directed that the bill would be treated as a provisional bill to which the appellant was permitted to file objections. Thereafter, the Assessing Authority was directed to give a notice to him and to afford a personal hearing to him. It is submitted that, accordingly the appellant was heard and final orders have been passed on 17.06.2017. Thereafter the final bill issued, dated 19.06.2017, has also been paid by the appellant, according to the counsel for the respondent. Therefore, it is submitted that the entire dispute has been finally resolved and that nothing further remains to be decided in these appeals. The counsel for the appellant submits that he has no information regarding any of the above developments. However, since we have perused the copy of the judgment of the Hon'ble High Court and satisfied ourselves of the correctness of the submissions made on behalf of the respondent, there is no purpose in keeping these appeals pending.
In view of the above, both these appeals are dismissed as infructuous. No costs.
JUSTICE K. SURENDRA MOHAN : PRESIDENT T.S.P. MOOSATH : JUDICIAL MEMBER BEENA KUMARY. A : MEMBER jb [HON'BLE MR. JUSTICE SRI.K.SURENDRA MOHAN] PRESIDENT [HON'BLE MR. SRI.T.S.P.MOOSATH] JUDICIAL MEMBER [ SMT.BEENAKUMARI.A] MEMBER