By Smt Padmini Sudheesh, President <br /> <br /> The case of the petitioner is as follows:<br /> <br /> The petitioner has a shop room in his ownership having door No.IX/83 A of Punnayoorkulam Panchayath. This room leased to Mr.Balan on 12/10/99. This shop room has an electric connection vide consumer No.12666. While giving this room for rent to Mr.Balan there was no supply of electricity as it was temporarily disconnected as some amounts were due towards electric charges. Later on 27/4/2000 all the amounts due to the respondents towards electric charges were paid. But the respondents did not restore the connection. In spite of paying the entire electricity charge arrears and despite several requests the respondents did not respond. Since the electric connection was not restored, the tenant Mr.Balan could not start any business and the shop room had to lie idle. The respondents regularly issued bill charging fixed charge under Tariff VI C. Petitioner requested the respondents to change the tariff from VI C to VII B. On 11/9/03 the respondents issued a notice threatening to dismantle and to initiate revenue recovery proceedings. The respondents had not restored the connection in spite of paying the early arrears. Moreover tariff fixed is also not correct. Hence this complaint.<br /> <br /> The Counter is that :<br /> 2. The connection to the said consumer No. is under VI C tariff since the purpose for which the premises was utilised belong to that purpose. From 5/2000 onwards the consumer failed to remit the current charges and hence the service has disconnected. The petitioner has to remit the monthly minimum charges from 5/2000 for restoration of supply. Even if the room is not used for any purpose the Board is empowered to charge fixed charges of the applicable tariff. Change of tariff from VI C to VII B with retrospective effect is not allowable. For changing tariff to VII B it should be ensured that the premises is used for a purpose included under that tariff. The Board had demanded only the amount legally due. Hence dismiss the complaint.<br /> <br /> 3.The points for consideration are<br /> 1) Is the electric connection is liable to be restored ?<br /> 2) Whether the tariff can be fixed from VI C to VII B ?<br /> 3) Is the notice dated 11/9/03 containing amount of Rs.10,999/- is liable to be cancelled?<br /> 4) Is there deficiency in service ?<br /> 5) Reliefs and costs?<br /> <br /> 4.The evidence consists of Exts. P1 and Exts. R1 & R2.<br /> <br /> 5.Point No.1 The tariff fixed to the consumer No.12666 is under VI C. This tariff is fixed for the banking institutions. The petitioner did not disclose that the shop was rented for banking institution. In the affidavit filed by Asst. Engineer, Punnayoorkulam it was stated that in the shop there was a banking institution. Hence bills are issued under VI C tariff. The tenant had put an application to the Board for change of tariff to VII B with retrospective effect. But this can not be done because arrears are existing. The petitioner had paid the current charges up to 4/2000 on 27/4/2000. It is admitted by the Board also. The case of petitioner is that in spite of the payment supply is disconnected. For restoration of supply petitioner has to remit the monthly minimum charges from 5/2000. Even if the room is remaining vacant, the petitioner is bound to pay the monthly regular charges. Only after payment of the charges the petitioner is entitled to get restoration.<br /> <br /> 6. Point No.2 For changing tariff to VII B the premises should be used for purposes included under that tariff. In this case the premises are laying idle for a long time. Hence this is not possible. Since the tariff is not changed petitioner is bound to remit the charges at a rate fixed under VI C tariff. Hence the petitioner is liable to pay the amount stated in the notice dated 11/9/03 of Rs.10,999/-. There is no deficiency in service on the part of respondents.<br /> <br /> 7. In the result the complaint is dismissed and the petitioner is directed to remit the amount stated in the petition by three consecutive monthly instalments. Respondents are directed not to disconnect the supply which was restored as per the order of this Forum until payment.<br /> <br /> Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open forum this the 31st day of July 2008.<br />