IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WA.No. 1217 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.25381/1998 Dated 19/12/2006 .................... APPELLANT(S): PETITIONER ------------------------ THE INDO AMERICAN HOSPITAL VAIKOM OWNED BY BAHULEYAN CHARITABLE FOUNDATION BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE RESPONDENT(S): RESPONDENTS -------------------------- 1. SENIOR SUPERINTENDENT ELECTRICAL MAJOR SECTION, VAIKOM 2. THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD MAJOR SECTION VAIKOM 3. THE ELECTRICAL INSPECTOR, VAIKOM 4. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS CHAIRMAN TRIVANDRUM BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2010, ALONG WITH WA NO. 1227 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W. A. Nos. 1217 & 1227 OF 2007 -------------------------------------------- Dated this the 11th day of January, 2010 JUDGMENT Ramachandran Nair, J. Heard senior counsel Sri. Pathrose Mathai appearing for the appellant and standing counsel appearing for the KSEB. Since we needed clarification on technical matters, at our request, the Asst. Exe. Engineer of the KSEB from Vaikom came and explained the snag that led to under-recording of consumption. In W.A.No. 1227 of 2007, the dispute is with regard to bills raised on additional consumption which was not recorded on account of error in the CT connection. The Asst. Exe. Engineer who appeared before us explained that on account of wrong connection consumption recorded was only one-third of the actual. In fact the learned single Judge has accepted this and upheld the additional bill for the period from 7/94 to 7/97. We however feel that some modification is called for in the judgment and in the additional bill raised because appellant was enjoying power connection with 25KW upto 11.7.1995 and only on 11.7.1995 load was increased to 63 2 KW. The error in the connection which led to under-recording of consumption in the meter was detected only on 12.3.1998 when the error in the connection was stated to be rectified. Considering the controversy that is raised we feel a fair and more equitable relief will be to direct the KSEB to take average consumption recorded for a period of one year 12.3.1998 and then apply the average consumption for the back period from 1.7.1995 and raise a bill for the short billing that is for the short recording of consumption in the meter. Since the KSEB has no allegation that the mistake in connection is manipulation done by the appellant, we feel that appellant can be granted exemption from surcharge or interest provided arrears are paid within two weeks from the date of raising of additional bill in accordance with the above direction. 2. The question raised in the connected appeal, W.A.No. 1217 of 2007 is with regard to bill raised at higher tariff for the period of power cut, only two months of which, falls after enhancement of the load. Therefore for the two months, we do not think there is any need to raise a higher tariff bill because it may not be possible to exactly work out 3 what is the power consumption that exceeded over the quota fixed for two months. Therefor we vacate the additional bill raised for the quota exceeded during power cut period. W.A.No. 1217 of 2007 is allowed vacating the judgment of the learned single judge and by quashing the impugned bill raised for the period of power cut. W.A.No. 1227 of 2007 is disposed of directing the KSEB to charge for the short consumption for the from 11.7.1995 to 12.3.1998 as directed above. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 4