KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

          APPEAL NO.389/2009

 JUDGMENT DATED: 01-04-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

1.      Assistant Engineer,

Electrical Section, KSEB,

Meenangadi.P.O, Wayanad.

2.      The Executive Engineer,

Electrical Division, Kalpetta,

Wayanadu Dist.                                         : APPELLANTS

3.      Secretary, KSEB,

Vydhudhi Bhavan,

Pattom, TVPM.

(By Adv.Sri.S.Balachandran)

          Vs.

C.C.Chakko, S/o Chandy,

Proprietor, Hillview Coffee Works,          : RESPONDENT

Ambalavayal, Sulthanbathery,

Wayanad Dist.

(By Adv:Sri.T.A.Harisankar)

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the opposite parties/KSEB in CC.74/08 in the file of CDRF, Wayanad.  The appellants are under orders to confine the back assessment of 2 years preceding the date of issue of the bill.

2.      The matter is with respect to back assessment made in April 2008 for the period from September 1996.

3.      The evidence adduced consisted of the testimony of PW1, OPW1, Exts.A1 to A8 and B1.

4.      The only dispute is with respect to the entitlement of the opposite parties to issue bill back assessing from April 1996.  The bill has been issued only on 30/9/2008.  The Forum relying on Sec.56(2) of the Electricity Act 2003, cancelled the above and directed the opposite parties/appellants to issue a fresh bill confining the period for 2 years preceding the date of issue of the bill.  We find that absolutely there is no illegality in the order of the Forum.  Hence the order of the Forum is sustained and appeal is dismissed.

Office will forward the LCR along with a copy of this judgment to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

VL.