KERALASTATE CNSUMER DISPUTES REDRESSL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL NO.627/09 JUDGMENT DATED 2.6.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT 1. The Executive Engineer, Electrical Division, KSEB Kollam. 2. The Asst.Engineer -- APPELLANTS Electrical Section, KSEB, Olayil, Kollaam. 3. The Secretary, KSEB, Vydhyuthi Bhavan, Trivandrum. (By Adv.S.Balachandran) Vs. Sunno Fernadez, Proprietor, -- RESPONDENT Coastal Ice Products, Vaddy, Kollam. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellants are the opposite party/KSEB in CC28/07 in the file of CDRF, Kollam. The appellants are under orders to revise the impugned bill ie; Ext.P2 excluding the surcharge. The appellants are also under orders to pay Rs.10,000/- as compensation. 2. The dispute is with respect to the assessment of surcharge amounting to Rs.48,403/-. In the bill issued, the surcharge related to the period from 1/96 till the date of issuance of Ext.P2 bill which was issued on 8.1.07. 3. We find that on issuance of the back assessment bill on the basis of the inspection of APTS the matter was challenged by filing a suit before the Munsiff Court, Kollam. The District Court, Kollam in appeal directed the complainant to file an application before the Electrical Inspector and directed the appellants to issue bill on the basis of the assessment by the Electrical Inspector. Ext.P2 bill was issued on the basis of the assessment by the Electrical Inspector. The surcharge was also included as per the existing provisions. The Forum has ordered to exclude the surcharge. 4. The above direction cannot be found fault with as the complainant was contesting the matter through out before the Civil Courts. 5. In the circumstances, we find no reason to interfere with the above part of the order of the Forum. All the same, the direction to pay compensation of Rs.10,000/- is set aside as the appellants were bound to include surcharge as per the statutory provisions. 6. In the circumstances, the appeal is allowed in part as above. The office will forward the LCR along with the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT | 
