KERALA STATE CONSUMER DISPUTE REDRESSAL COMIISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No.928/2004 JUDGMENT DATED : 22.02.2010 PRESENT:- SMT.VALSALA SARANGADHARAN : MEMBER SHRI.M.V.VISWANATHAN : JUDICIAL MEMBER SHRI.S.CHANDRA MOHAN NAIR : MEMBER 1. The Asst.Engineer, Electrical Section, P.O. Parappur. : APPELLANTS 2. Kerala State Electricity Board, Represented by its Secretary, Thiruvananthapuram. (By Adv. Sri.B.Sakthidharan Nair) Vs 1. N.A.Joy, Neelankavil House, P.O.Parappur. : RESPONDENTS 2. Krishi Officer, Tholoor Krishi Bhavan, P.O.Parappur. JUDGMENT SMT.VALSALA SARANGADHARAN : MEMBER The above appeal preferred from the order dated 22.07.2004 passed by CDRF, Thrissur in O.P.No.243/04 which is included in the common order whereby the Forum directed the petitioners including the complaint to file fresh applications before the concerned Agricultural Officers and they are directed to prepare the list of eligible agriculturists and to submit the same to the K.S.E.B for the purpose of availing the benefit to the agriculturists by virtue of G.O.(MS)30/99/AD dated 04.02.1999. The Forum also directed the KSEB to restore electric supply if disconnected and not to take any cohesive steps in the complaints pending consideration. Aggrieved by the said order the present appeal is filed by KSEB. The case of the complainant is that he is an agriculturist and was enjoying exemption from payment of electricity charges. Though he had applied for exemption on 30.01.2004 a notice was issued to him asking him to pay all the arrears and in case of default threatened disconnection of supply. The opposite parties 1 and 3 filed version and contended that the names of the complainant is not included in the list of persons exempted from paying electricity charges from the Agricultural Officer concerned. Agricultural Officer also filed version and contended that no application was filed by the complainant seeking exemption from paying electricity charges, so that the name of the complainant is not included in the list of exempted persons. We heard the counsel for the appellants. There was no representation for the respondents. The learned counsel for the appellants submitted that the name of the complainant was not included in the list of exempted persons from paying electricity charges. He argued for the position that the lower Forum has not properly considered the provisions contained in the G.O.(MS)30/99/AD dated 04.02.99 another order dated 25.02.1999 issued by the KSEB and requested for setting aside the impugned order passed by the Forum below in O.P.No.243/04. As per Clause 4 of G.O.(MS)30/99/AD dated 04.02.99 the concerned Agricultural Officer is to make the list of agriculturists who are eligible to get exemption from payment of electricity charges and should submit to the concerned Assistant Engineer or Asst.Executive Engineer of the KSEB and such list is to prepared and submitted once in every months. The concerned officers of KSEB must prepare the statement showing the electricity charges due from the eligible agriculturists and submit invoice to the agricultural officer and it is the duty of Agricultural Officer to see that the amount covered by the said invoice is paid to or entrusted with the concerned Assistant Engineer or Asst. Executive Engineer and the said amount is to be paid within 10 days of getting the statement and invoice. If the amount shown in the invoice as not paid within 10 days to getting that invoice, the KSEB can disconnect the supply of electricity. The concerned Agricultural Officer and concerned Officers of KSEB failed to produce documents which are necessary to substantiate their case regarding preparation of statement of eligible agriculturists, invoice etc. KSEB did not produce the list submitted to them by the Agricultural Officer. Agricultural Officer has also failed to produce the list of eligible agriculturists. In the aforesaid circumstances we are of the view that this matter to be remanded to the lower Forum for fresh disposal in accordance with law after permitting both parties to adduce evidence in support of their contention if they so desire. In the result, the impugned order dated 22.07.2004 passed by CDRF in O.P.No243/04 is set aside and the matter is remanded to the Forum for fresh disposal in accordance with law. As far as the present appeal is concerned the parties are directed to suffer their respective costs. The matter is posted before the Forum on 08.04.2010. The Forum is directed to issue notice to both parties to appear before it. The office is directed to transmit the copy of this order to the Forum urgently. VALSALA SARANGADHARAN : MEMBER M.V.VISWANATHAN : JUDICIAL MEMBER S.CHANDRA MOHAN NAIR : MEMBER | 
