REMESHAN N.K. Vs. ASST.ENGINEER

JUDGEMENT

(1.) PETITIONERS are employees in the service of this court. They are allotted with Government Quarters, by virtue of Ext.P1 proceedings issued in the name of the 1st petitioner and similar proceedings issued in the name of 2nd petitioner. The quarters occupied by the petitioners are in the custody of the Public Works Department of the State Government, under respondents 3 and 4. Dispute is with respect to liability for payment of 'Additional Cash Deposit' with respect to the electric connections provided in the quarters occupied by the petitioners. Ext.P2 is a notice issued by the first respondent demanding payment of 'Additional Cash Deposit' on the basis of review of consumption done with respect to the period of the last one year, as contemplated under Regulation 13(4) of the Kerala Electricity Supply Code, 2005.

(2.) CONTENTION of the petitioners is that, they are liable only to pay the electricity charges and insistence for payment of the 'Additional Cash Deposit' cannot be sustained. In Exts.P5 and P6 bills issued by the first respondent there is a demand for payment of 'Additional Cash Deposit' along with the electricity charges due. Hence the petitioner is challenging the same.

(3.) REGULATION 13(4) of the Kerala Electricity Supply Code, 2005 provides that the KSEB should require the consumer to maintain with the Board an amount equivalent to two months electricity bills as security. Sub Regulation (5) provides that the licensee shall review adequacy of security deposit of all consumers during every financial year or when tariff revision is effected, based on average consumption of the preceding year. Evidently, the demand for payment of additional cash deposit is made on the basis of a review of the consumption for the previous year. The additional cash deposit demanded should be paid by the consumer. In the case at hand, quarters occupied by the petitioners are buildings belonging to the Government under the Public Works Department. Admittedly, the authorities of the Public Works Department is the registered consumer with respect to the electricity connections. The Rules for allotment of quarters as well as the 'Agreement of occupation', copy of which is produced as Ext.R3(a), cast liability on the occupant only with respect to payment of the electricity current charges. The 'Additional Cash Deposit' demanded is the Security Deposit for maintaining the connection, and is not current charges payable with respect of usage of electricity. Basically, consumer is the person labile to pay Security Deposit for maintaining the connection. Under the guise of the liability for payment of current charges the occupant cannot be mulcted with liability to provide the 'Additional Cash Deposit'.