KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL NO.116/04 JUDGMENT DATED.4.4.08 PRESENT JUSTICE SHRI.KR.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER SHRI.M.K.ABDULLA SONA -- MEMBER 1. The Asst.Ex.Engineer, Electrical Major Section, KSEB, Pathanamthitta. 2. The Secretary, KSEB ,Pattom, -- APPELLANT Thiruvananthapuram. (By Adv.B.Sakthidharan Nair) Vs. 1. George.M.Jacob, Advocate, -- RESPONDENTS Pathanamthitta. 2. V.J.Joseph, Advocate, Pathananthitta. (By Adv.R.Gopakumar) JUDGMENT JUSTICE SHRI.KR.UDAYABHANU,PRESIDENT The appellants are the opposite parties/KSEB that has challenged the order to the forum directing the appellants to issue fresh bills including the complainants consumer number in the domestic tariff for the period from July 2001 to July 2002 and also to adjust the excess amount collected in the future bills and also to pay cost of Rs.1500/- in OP.188/02 2. The case of the petitioners is that they are practicing lawyers and their office is functioning in a particular building with the particular consumer number. From the very beginning the petitioner’s office is included in non –domestic category and excess electrical charges are being realized. Hence the petitioners have sought for getting the tariff changed into domestic category and consequent relief’s. We find that as per the tariff order the offices of Advocates are included in LT VI B category/non-domestic. The tariff order is statutory in nature. Consumer Disputes Redressal Forums are not empowered to strike down the provisions of such orders. The appropriate course for the complainants is to approach the High Court. We find that the Forum ie; CDRF, Pathanamthitta that has issued a direction in this regard is not empowered to do so. Hence the order of the form is set aside. The appeal is allowed. JUSTICE SHRI.KR.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER SHRI.M.K.ABDULLA SONA -- MEMBER s/L
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN
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