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Feroke Boards

High Court Of Kerala|19 June, 2014
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JUDGMENT / ORDER

An electricity connection provided to the petitioner company was dismantled as early as in February, 2012, on the request of the petitioner. Issue involved in this writ petition relates to refund of Security Deposit with respect to the dismantled connection. Petitioner has got a grievance that, despite repeated requests, the refund is not affected. When approached under the Right to Information Act, Ext.P3 reply was given stating that an amount of `8,63,604/- is in credit towards Security Deposit. But it is mentioned that certain debit balance outstanding in the account of the petitioner is being verified. It is also mentioned that an amount of `43,047/- is due towards MD charges for the month of 3/2012. It is mentioned that after verification of the accounts, steps will be taken to adjust the Security Deposit against the dues if any and to make refund of the balance if any due. It is challenging Ext.P3 and seeking direction to affect refund of the amount this writ petition is filed. 2. The petitioner seriously disputes the alleged liability.
According to him no details was furnished with respect to the amounts mentioned in Ext.P3. However, this court is of the W.P.(C). No. 8778 of 2014 -2-
opinion that the matter require settlement by the 2nd respondent. The claim for refund has to be considered and necessary steps should be taken for settlement of the claim with opportunity afforded to the petitioner. Hence a direction in this regard will serve the interest of justice.
3. Under the above mentioned circumstances, the writ petition is hereby disposed of by directing the 2nd respondent to consider the claim of the petitioner for refund of the Security Deposit and to settle the claim by making necessary verifications in the account. A decision in this regard shall be taken after affording opportunity of personal hearing to the petitioner. Refund of balance amount if any due shall be made at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.
Sd/-
C.K. ABDUL REHIM, JUDGE Pn
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Title

Feroke Boards

Court

High Court Of Kerala

JudgmentDate
19 June, 2014
Judges
  • C K Abdul Rehim
Advocates
  • Nias