High Court of KeralaWP(C)/10221/2015dismissed

The Assistant Executive Engineeer v. The Consumer Grievance Redressal Forum

2015-07-20Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 WP(C).No. 10221 of 2015 (C) ---------------------------- PETITIONER(S):

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1. THE ASSISTANT EXECUTIVE ENGINEEER, AGED 51 YEARS ELECTRICAL SUB DIVISION, PALA.

2. THE ASSISTANT ENGINEER ELECTRICAL SECTION, PALA.

BY ADV. SMT.P.K.RADHIKA-KSEB RESPONDENT(S):

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1. THE CONSUMER GRIEVANCE REDRESSAL FORUM (CENTRAL REGION, ERNAKULAM-682 035).

2. SRI. JOSEPH MATHEW, JR. MICHEL JOSEPH & CO-HOTEL MAHARANI PALA, KOTTAYAM DISTRICT-686 101.

R2 BY ADV. SRI.M.A.ASIF R BY SR.GOVERNMENT PLEADER SRI.ALOYSIOUS THOMAS.L. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10221 of 2015 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 : A COPY OF THE SITE MAHAZAR DTD.17.7.2013. P2 : A COPY OF THE VERSION DTD.7.9.2013.

P3 : A COPY OF THE ORDER DTD.9.12.2013 BY THE CGRF. RESPONDENT(S)' EXHIBITS : NIL.

------------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.10221 of 2015 --------------------- Dated this the 20th day of July, 2015

J U D G M E N T

Ext.P3 order of the Consumer Grievance Redressal Forum was passed as early on 9.12.2013. The present writ petition has been filed 15 months thereafter (on 27.3.2015 to be precise). The Writ Petition is highly belated.

2. Even otherwise the Consumer Grievance Redressal Forum has adopted a very reasonable stand. The petitioners are not guilty of tampering with the electricity meter. The meter was tested at the laboratory as directed by the Consumer Grievance Redressal Forum.

3. It was found that the meter was creeping even when there was no flow of electrical energy. One phase of the electricity meter was not recording energy justifying a short assessment. The Consumer Grievance Redressal Forum was justified in scaling down the period of short assessment to one month instead of 47 months adopted by the original authority.

The Writ Petition fails, dismissed.

Sd/- V.CHITAMBARESH, Judge.

nj.