JUSTICE.K.R.UDAYABHANU          : PRESIDENT

The appellant is the complainant is OP.411/2000 in the file of CDRF, Kollam.

          2. It is his case that he applied for shifting of electrical connection from the old building proposed to be demolished in 1994.  The old building was demolished and the new building was constructed.  The  construction was completed in 2000. Then he applied for reconnection.  The opposite party replied that the connection already stands dismantled on 8.11.96.  Hence the complaint filed for shifting of the electrical connection   to consumer No.5084 of the old building to the new building and also for damages of Rs.5000/-.

          3. The opposite party has content that the consumer number stands in the name of Smt.K.Kamalakshy.  There is no agreement in between the present complainant and the KSEB.  The consumer number has been changed as per the provisions in Clause 15 of the conditions of Supply of Electrical Energy.  It is also contended that as per the provisions Supply of Electrical Energy the shifting application cannot remain live for more than 12 months altogether.  It is also contended that the complainant has defaulted payment of monthly fixed charges for  a long period and hence the service  connection was dismantled.

          4. The evidence adduced consisted of the testimony  PW1 the complainant, Exts. P1 to P5 and DW1 the Assistant Engineer and Exts.D1 to D3.

          5. It is the contention of the appellant/complainant that the complainant was the consumer in slab 2 in the non payment group and hence he is not bound to pay any amount for the period for which the meter was kept separately from the building ie during the period of construction of the new building.  As pointed out by the counsel for the opposite parties the relevant provision of Conditions of Supply of Electrical Energy ie; Clause 34(c)  sub clause ii and iii provides that no service shall be kept disconnected for  more than  six months continuously at a time and that such service shall be  dismantled  and the agreement  determined.  But if a request is received from the consumer within six months of disconnection on bonafide grounds  to keep  the service  disconnected beyond six months, the Assistant Executive Engineer concerned may consider such case  on its own merits and extend the period of disconnection upto a  maximum of  12 months, provided the consumer  undertakes the responsibility for the safe custody of service mains, equipments and  pay the prescribed charges.  In the instant case it is about 6 years of the shifting of meter etc from the building, the  shifting to the new building is sought.  The same cannot be allowed as per provisions of Conditions of Supply of Electrical Energy.

          It was also submitted that after filing the complaint before the Forum new connection was availed by the complainant.  We find that there is no ground to interfere  in the order of the Forum.  The appeal is dismissed.