IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 OP.No. 11988 of 1999(B) ----------------------- PETITIONER: ------------ M. HAMZA, SECRETARY, AL-HILAL EDUCATIONAL SOCIETY, PADAPPARAMBA, P.O. VATTALUR, MALAPPURAM DISTRICT. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, VYDUTHI BHAVAN, TRIVANDRUM. 2. THE ASST. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, MALAPPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.19236 OF 1999 IN OP.NO.11988 OF 1999 DISMISSED 13.2.2008. SD/= P.N. RAVINDRAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF ORDER IN APPEAL NO.165/98 DTD 9.9.98 OF THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION. EXT.P2 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE R ON 15.1.2.98. EXT.P3 COPY OF NOTICE NO.BB/98-99/2.1.99 ISSUED BY R2 TO THE PETITIONER. EXT.P4 COPY OF APPLICATION SUBMITTED BY THE PETITINER BEFORE R2 ON 5.1.99. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.11988 OF 1999-B -------------------------------------------------------------- Dated this the 13th day of February, 2008. JUDGMENT The petitioner is a consumer of electrical energy. Aggrieved by an adjustment invoice issued by the Kerala State Electricity Board, the petitioner filed O.P.No.1032 of 1997 in the Consumer Disputes Redressal Forum, Malappuram. The amount demanded was Rs.25,459/=. According to the petitioner, pursuant to the order passed by the Consumer Disputes Redressal Forum, Malappuram, he remitted Rs.10,000/= towards the said bill. While so, another adjustment invoice dated 1.3.1994 was issued by the Board demanding payment of the sum of Rs.29,241/=. The petitioner thereupon filed O.P.No.168 of 1997 in the Consumer Disputes Redressal Forum, Malappuram. The Consumer Disputes Redressal Forum granted the petitioner an opportunity to pay the amount demanded in ten monthly instalments. The petitioner thereupon filed Appeal No.165 of 1998 in the Kerala State Consumer Disputes Redressal Commission by Ext.P1 order dated 9.9.1998. By Ext.P1 order,the State Consumer Disputes Redressal Commission permitted the petitioner to pay the amount due from him after deducting the O.P.No.11988/1999 . 2 amount if any already paid in 15 equal monthly instalments commencing from 12.10.1998. The State Commission also directed that if three installments are defaulted consecutively, the balance will carry interest at 24%. The petitioner did not comply with the conditions imposed in Ext.P1. Instead he sent Ext.P2 letter dated 15.2.1998 to the 2nd respondent stating that he received a copy of Ext.P1 belatedly and hence he was not able to remit the instalments on the due dates. The petitioner also sought a clarification as to the date on which the first instalment has to be paid and the amount payable in each instalment. By Ext.P3 letter dated 2.1.1999, the 2nd respondent informed the petitioner that as he has defaulted payment of the instalments in accordance with the directions in Ext.P1 order passed by of the Kerala State Consumer Disputes Redressal Commission, he is liable to pay the balance amount due from him in lump along with interest at 24% per annum. The petitioner was also informed that if he fails to remit the balance amount of Rs.29,241/= on or before 12.1.1999, the service connection will be disconnected without further notice. The petitioner has in this original petition filed on 17.5.1999 challenged Ext.P3 and prayed for a direction to the respondents to restore the electricity connection. The petitioner has also prayed for a direction to the O.P.No.11988/1999 . 3 2nd respondent to restore the electricity connection. It is submitted that as the petitioner did not remit the arrears, electricity supply was also disconnected. 2. When the original petition came up for admission on 18.5.1999 this Court passed an interim order directing restoration of electricity connection to the petitioner if he remits the arrears in terms of Ext.P1 upto 1st May, 1999. The learned Standing Counsel appearing for the respondents brought to my notice that the petitioner has not complied with the said direction as well. He also submitted that this fact has been set out in paragraph 11 of the counter affidavit filed on behalf of the respondents and that the petitioner has not chosen to file a reply affidavit disputing or denying the said averment. 3. The bill in question relates to the year 1992-94. More than 14 years have passed thereafter. By Ext.P1 the Kerala State Consumer Disputes Redressal Commission while rejecting the challenge made by the petitioner to the adjustment invoices granted him an opportunity to pay the amount in fifteen equal monthly instalments commencing from 12.10.1998. The petitioner has not chosen to avail O.P.No.11988/1999 . 4 the said benefit. He has also not remitted the instalments upto 1st May, 1999 as directed by this Court in the interim order passed on 18.5.1999. The petitioner has not challenged Ext.P1 in this original petition. It is evident from the conduct of the petitioner that his attempt has been to avoid payment of the energy charges payable to the Board on one pretext or the other. The conduct of the petitioner in failing to comply with the directions issued in Ext.P1 and the interim order passed by this Court on 18.5.1999 disentitles him to any relief under Article 226 of the Constitution of India. I therefore decline jurisdiction and dismiss the original petition. P.N. RAVINDRAN, JUDGE. cl O.P.No.11988/1999 . 5 P.N. RAVINDRAN, J. O.P.NO.11988 OF 1999-B JUDGMENT 13th February, 2008.