KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 337/2009

JUDGMENT DATED:24-09-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU              :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

1.      The Assistant Engineer, KSEB,

Electrical Section,

Mundakkayam.P.O, Kottayam.

2.      The Assistant Executive Engineer,

KSEB Electrical Sub Division,                 : APPELLANTS

Kanjirappally.P.O, Kottayam.

3.      The Secretary, KSEB,

Vydyuthi Bhavan,

Pattom Palace.P.O, TVPM.

(By Adv:Sri.B.Sakthidharan Nair)

          Vs.

The Secretary, KSEB,

Vydyuthi Bhavan,                                       : RESPONDENT

Pattom Palace.P.O, TVPM.

(By Adv:Sri.C.R.Sudheesh)

    JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellants are the opposite parties/KSEB in CC.173/08 in the file of CDRF, Kottayam.  The bill issued by the appellants converting the tariff from domestic tariff I-A to tariff VI-A and back assessed for sum of Rs.21,258/- has been set aside.

2. The dispute is with respect to the parsonage ie the residence of the Priest of St. Marys Catholic Church that contains an office and Guest room.  It was under LT I-A tariff that the complainant was being assessed for energy charges.  On 19/5/2008 after an inspection by the appellants the tariff was changed to LT-VI A.  The Forum has held that the residence of the Priest ie the parsonage would not come under LT-VI A tariff. It is with respect to Temples, Churches, Mosques, Monasteries, premises of religious worships etc.  We find that the mahazar prepared did not contain the details of the office and the guest room.  Hence we find that there is no illegality in the order of the Forum as the opposite parties/appellants could not establish that the parsonage is an institution of the nature contemplated under LT VI –A tariff.  Of course the appellants would be at liberty to convert the tariff to the relevant tariff if it is found that the office and guest room is used in such a manner not connected with the residence of the Priest.  Hence we find that there is no scope for interfering in the order of the Forum.  Hence the appeal is dismissed.

JUSTICE K.R. UDAYABHANU:PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.