A. Rajesh, President. Case of the complainant is as follows. Complainant is the owner in possession of Home No. XX/259 of Kalamassery Municipality. During the construction stage of the home he had to leave Kerala in connection with his job. Hence he executed a general power of attoney in favour of his father -in -law, Mr. K.M. Joseph to do various activities including availing of electrical energy connection. By mistake, the KSEB authorities granted electric connection in the name of the Attorny. On 8-2-07 the complainant approached the opposite parties to get the anomaly corrected . But his efforts were in vain. The tariff of energy consumption was changed from 1 A to VI B alleging that paying guests staying with the complainant. In January 2007 they were vacated from his premises and on 8-2-07 the complainant requested the 1st opposite party to reverse the tariff, the same was rejected by the 1st opposite party stating that the complainant is not the registered consumer. Hence the complainant approaches this Forum seeking the following reliefs against the opposite parties. i. to correct the mistake in the consumer name ii. to revert the tariff from VI B to 1A with effect from 1st February 2007 iii. to return the excess amount charged as per tariff VI B and to adjust the difference in future bills. 2. Opposite parties filed version contending as follows. The impugned electric connection (Consumer No. 5050) was granted on 20-4-83 in favour of Mr. K.M. Joseph in domestic tariff (LTIa) In 11/2006 the connection has been changed to semi commercial tariff (VI B) as students were accommodated in the premises on rental basis. The tariff and ownership has not been changed as registered consumer had not requested for the same. The opposite parties pray to dismiss the complaint with cost. 3. The complainant was examined as PW1 and Exts. A1 to A10 were marked from his side. 2nd opposite party was examined as DW1 and Exts. B1 was marked from their side. After closing the evidence the complainant appearing as party -in - person and counsel for opposite parties were heard. 4. Points that arise for consideration are: i. Whether the complainant is entitled to apply for correction of the name of the consumer in the register. ii. Whether the complainant is entitled to get the tariff reverted from VI B to 1A with retrospective effect? iii. Whether the complainant is entitled to return the excess amount charged as per tariff VI B instead of I.A.? 5. Point No. i. During the pendency of this complaint the opposite parties considered the application submitted by the complainant to change the ownership of Consumer No. 5050 in favour of the complainant and the same was accepted by them with effect from 17th April 2008. We think that since the grievance of the complainant with regard to this point has been fulfilled, we need not discuss the matter any further. 6. Point No. ii and iii. According to the complainant on 8-2-2007 he has submitted Ext. A1 application to reverse the tariff from VI B to 1A and on the same day requested 2nd opposite party to disconnect the connection temporarily by Ext. A2 letter . Again on 14-5-07 he reminded the opposite parties by submitting Ext. A4 letter. Requests of the complainant have become futile. The learned counsel Mr. P.J Unnikrishnan appearing for the opposite parties submitted that the connection under dispute had changed to semi commercial tariff (VI B) in 11/2006 as the premises were rented out to students. The opposite parties were acting as per Regulation 50 (9) of KSE Board Terms and Condition of Supply 2005. The complainant is not the registered owner of consumer No. 5050. Ext. B1 service connection Register would show that K.M. Joseph is the registered consumer of opposite parties. As per Regulation 33 (7) the registered consumer has to request for the alteration of the tariff. Hence they could not process Ext. A3 application dated 11-4-2007 The complainant is bound to remit the dues of electricity charge before effecting the tariff change. In Ext. A1 the complainant admitted that some students were staying with him and from 8-2-2007 onwards he has been staying alone. So, the complainants admission in this regard supports the action taken by the opposite Parties to change the tariff. Further, in Ext. A2 letter complainant requested the opposite parties to disconnect the connection temporarily. The present grievance of the complainant is confined to the conversion of tariff pertaining to electric connection bearing Consumer No. 5050 from VI B semi commercial to 1A domestic. Admittedly the opposite parties have received Ext. A3 request dated 11-4-07 from the complainant for tariff change. It appears that opposite parties were sleeping over Ext. B3 application and they have not taken any action in the said application till date. They ought to have send a letter intimating the complainant to comply with the formalities for the change of tariff . The complainant categorically stated in Ext. A3 application that he is ready to abide by any formalities that were to be complied with. Opposite parties failed to give a reply to Ext. A3 petition dated 11-4-2007 stating clearly that the tariff could not be changed because the registered consumer had not submitted the request, In that case, this long drawn out litigation could have been averted. we have no hesitation to hold that opposite parties are bound to change the tariff bearing the consumer No. 5050 with effect from 11-4-2007, the date of request for change of tariff as per Ext. A3. It is made clear that, opposite parties are at liberty to proceed against the complainant under tariff VI B till 11-4-2007. They can levy the electric charge due, if any payable, after the said date under tariff 1A by the complainant in accordance with the Rules and Regulations of KSE Board. Before parting with this order we are recording our appreciation of the opposite parties in upholding the Rule of Law by complying with the interim direction of the Forum to change the ownership of Consumer No. 5050 in favour of the complainant. 8. Consequently, we allow the complaint partly and direct that, a. opposite parties shall revert the tariff of Consumer No. 5050 from VI B to 1A with effect from 11-4-07. b. from the complainant Electricity charges shall be levied by the opposite parties under tariff VI B till 11-4-07 and thereafter under tariff 1A. This order shall be complied within a period of one month from the date of receipt of copy of the order. Pronounced in the open Forum on this the 28th day of August 2008.
