KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL 111/09 JUDGMENT DATED:12.11.09 Appeal filed against the order passed by CDRF, Wayanad in CC. 58/06 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER 1.Assistant Engineer, : APPELLANTS Electrical Section, K.S.E.B., Meenangadi, Wayanad District. 2. Secretary, K.S.E.B.., Vydhudhi Bhavan, Pattom, Thiruvananthapuram. (By Adv.S.Balalchandran) Vs. 1.Vilasini, W/o Late Madhavan, : RESPONDENTS Kunnathu House, Kariambadi, Wayanad. 2. Sajeev s/o Late Madhavan, -do-do- 3. Rajeev, s/o Late Madhavan, -do-do- 4. Vinod S/o Late Madhavan, -do-do- 5. Dinesh s/o Late Madhavan, -do-do- (By Adv.V.Bhuvanendran Nair) JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellants are the opposite parties/KSEB in CC 58/06 in the file of CDRF, Wayanad. The bill issued by the appellants for a sum of Rs.16200/- dated 27.9.2000 stands set aside. The appellants are directed to issue fresh bill for restricting back assessment for 3 months and limiting the penalty for an amount of 1 ½ times and instead of 6 months and 3 times as has been billed. 2. The Forum has relied on the decision of the High court of Kerala in KSEB Vs. C.Najeeb and another(2005) I KLJ 344. It is the contention that at the time as per section 42(d) of the Condition of Supply as it was then the provision was for back assessment for 6 months and at 3 times. It is pointed out that the OP was filed as OP 269/2000 by the predecessor in interest of the complainant. Subsequently he expired. Permission was sought to withdraw the complaint with liberty to file fresh complaint. Hence the present complaint ie, OP.58/06 was filed. The counsel for the respondent has pointed out that the amount involved is not that high and the law as changed has to be applied as the matter has pending adjudication and hence there is no illegality in applying the present law. In the circumstances we find no interference in the order of the Forum is called for although the decision cited related to the period subsequent to the commencement of the new Act. In the circumstance the appeal is dismissed. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER Ps
......................JUSTICE SHRI.K.R.UDAYABHANU | | 
