KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.660/04 JUDGMENT DATED 7/7/2008 PRESENT:- JUSTICE.SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.S.CHANDRAMOHAN NAIR : MEMBER 1. K.S.E.B., Rep.Secretary, K.S.E.B., Vaidhyuthi Bhavan, Trivandrum. : APPELLANTS 2. K.S.E.B., Viyyoor Electrical Sec. Rep.by Asst.Engineer (By Adv.B.Sakthidharan Nair) Vs C.P.Philomina, Konnikkara House, Green Park, Peringavu.P.O., Thrissur – 18 JUDGMENT SMT.VALSALA SARANGADHARAN : MEMBER This appeal is directed against the common order dated 18/6/04 in OP Nos.960/03, 961/03, 962/03,963/03, 1055/03 & 1056/03 passed by the CDRF, Thrissur. The appellants herein were the opposite parties in OP No.963/03 which was filed by the respondent herein to get the enhanced meter rent reduced to the original rent whereby the opposite parties are directed to refund or adjust the enhanced rent realized before 1/1/04 and to pay Rs.500/- as cost to the complainant. 2. The facts of the case are that the complainant is a consumer of KSEB and the bimonthly meter rent of the complainant was Rs.40/- and the meter was replaced on 2/5/03 with a new one and the bimonthly rent was enhanced to Rs.150/- 3. The opposite party in their version contended that the enhancement of rent is fixed by the Board. As per B.O.(FB)No.669/2002 (Plg.Com.3809/99) dated 9.5.02 the bimonthly rent of meter having capacity of above 30 amps. is fixed as Rs.150/-. Hence the rent was enhanced to Rs.150/- on replacement of the meter. According to the opposite parties now as per the B.O.No.2142/03 (Plg.Com.3809/99) dated 24.12.03 the bimonthly rent is fixed as Rs.40 irrespective of the capacity of meter with effect from 1/1/04 and that from 1.1.04 the complainant was charged only Rs.20 per month. They further contended that the K.S.E.B is empowered to collect rental charges notified from time to time in exercise of powers conferred by Section 79 (J) of the Electricity (Supply) Act 1948 (Central Act, 54) 1948 and the meter rent charged to the consumers was as per the then existing Board order. 4. We have heard for the counsel for the appellants/opposite parties. There was no representation for the respondent/complainant. During the course of argument the learned counsel for the appellant reiterated the respective stand taken before the lower Forum. The order reducing the rent to Rs.20 per month irrespective of the capacity of the meter came into existence only from 1/1/04 and prior to that date the complainant was liable to pay rent at the rate in existence ie; the complainant was liable to pay Rs.150 as bimonthly rental charge for the disputed period. 5. It is to be noted that the rent was enhanced to Rs.150/-for the meters having the capacity above 30 amps as per Board Order dated 9/5/02 and it was reduced to Rs.40/- with effect from 1/1/04 irrespective of the capacity of the meter as per Board Order dated 24/12/2003 and these facts were not considered by the Forum below. It can also be seen that the appellants/opposite parties have collected the rent only according to the orders prevailing at the relevant periods and so we are of the view that the officials of KSEB can be justified in issuing a bill on the basis of the rate at that time as the rent was reduced to Rs.20 per month only with effect from 1/1/04. Hence the Forum cannot be justified in ordering the refund or adjust the enhanced rent and pay Rs.500/- to the complainant as cost on the ground of deficiency of service on the part of the opposite parties. In the result the impugned order dated 18/6/04 passed by the CDRF, Thrissur in OP No.963/03 is set aside and the appeal is allowed. As far as the present appeal is concerned there shall be no order as to costs. VALSALA SARANGADHARAN : MEMBER JUSTICE K.R.UDAYABHANU : PRESIDENT S.CHANDRA MOHAN NAIR : MEMBER PK.
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN
......................SRI.M.A.ABDULLA SONA | | 
