M/S.Wave Online Infoway (Private) Limited v. Kerala State Electricity Board Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 13303 of 2015 (K) ---------------------------------------- PETITIONER:

-------------------------- M/S.WAVE ONLINE INFOWAY (PRIVATE) LIMITED, REP. BY ITS MANAGING DIRECTOR, ANOOP S.R.

PREETHI BUILDINGS, VYTTILA PO, KOCHI-682019.

BY ADV. SRI.V.S.AFSAL KHAN RESPONDENTS:

----------------------------

1. KERALA STATE ELECTRICITY BOARD LIMITED, REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN THIRUVANANTHAPURAM-695 001.

2. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE KERALA STATE ELECTRICITY BOARD LIMITED ERNAKULAM COCHIN-682018.

3. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, PERUMBAVOOR ERNAKULAM-686 693.

4. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION VYTTILA, KOCHI-682019.

5. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED ELECTRICAL SECTION, VYTTILA, KOCHI-682019.

6. CONSUMER GRIEVANCE REDRESSAL FORUM, CENTRAL REGION, REP. BY ITS CHAIRPERSON CGRF-CR POWER HOUSE LINE ROAD, KOCHI-682018.

R1 TO R5 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD R6 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13303 of 2015 (K) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :

A TRUE COPY OF THE JUDGMENT DATED 19-6-2013 IN WPC.NO.15559/13 T OF THIS HONORABLE COURT.

EXT P2 :

A TRUE COPY OF THE JUDGMENT DATED 2-6-2014 IN WPC.NO.22781/13W OF THIS HONORABLE COURT.

EXT P3 :

A TRUE COPY OF THE ORDER DB 20/HEARING/2014-15 DATED 4-8-14 ISSUED BY THE 5TH RESPONDENT.

EXT P4 :

A TRUE COPY OF THE LETTER NO.BB/GL/07-08 DATED 18-6-2007 ISSUED BY THE 5TH RESPONDENT.

EXT P5 :

A TRUE COPY OF THE JUDGMENT IN WPC.NO.22520/14 OF THIS HONOURABLE COURT.

EXT P6 :

A TRUE COPY OF THE ORDER NO.DB 20/HEARING/2015-16/81 DATED 64-2015 ISSUED BY THE 5TH RESPONDENT. EXT P7 :

A TRUE COPY OF THE BILL DATED 6-4-2015.

EXT P8 :

A TRUE COPY OF THE PETITION DATED 23-4-2015 BEFORE THE CONSUMER GRIEVANCE REDRESSAL FORUM, CENTRAL REGION, CGRF-CR KOCHI.

EXT P9 :

A TRUE COPY OF THE RECEIPT DATED 02.05.2015 EXT P10:

A TRUE COPY OF THE BILL DATED 06.05.2015 EXT P11 :

A TRUE COPY OF SHORT ASSESSMENT BILL DATED 01.06.2015 EXT P12 :

A TRUE COPY OF THE BILL DATED 2.6.2015 EXT P13 :

A TRUE COPY OF THE BILL DATED 6.6.2015 RESPONDENT(S)' EXHIBITS:- NIL ---------------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 13303 OF 2015 ---------------------------------------- Dated this the 26th day of June, 2015

JUDGMENT

The question of unauthorised additional load is engaging the attention of the sixth respondent forum. Ext. P8 complaint filed by the petitioner is pending consideration. I direct the sixth respondent to consider Ext. P8 complaint within a period of two months. Needless to say that the petitioner shall be afforded an opportunity of being heard.

2.

Ext. P11 bill is on account of short assessment to which the petitioner can object. Any objection filed to Ext. P11 to the fifth respondent within two weeks shall be dealt with within a period of two weeks therefrom. Orders passed consequential thereto can also be challenged before the sixth respondent forum if the petitioner so desires. 3.

The electricity connection to the premises of the petitioner shall not be snapped in the meanwhile. This is subject to the condition that the petitioner remits a sum of Rs.65,000/- towards the demand in Ext. P13 bill within a

W.P.(C). NO. 13303 OF 2015 2 period of two weeks. The petitioner is at liberty to move the fifth respondent for an on the spot inspection. The writ petition is disposed of.

V. CHITAMBARESH JUDGE