K.S.E.BOARD Vs. V.P.VARGHESE

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 30.7.2004 of CDRF, Thrissur in OP No. 896/03. The appellants herein were the opposite parties and the complainant / respondent filed the complaint to get the enhanced meter rent reduced to the original rent whereby the Forum directed the opposite parties not to realise more than Rs. 40 bi -monthly as meter rent and to refund or adjust the excess meter rent received before 1.1.2004.

(2.) THE fact of the case is that the complainant is a consumer of the opposite parties and was paying Rs. 40 as bi -monthly meter rent and on 26.4.2003 the meter was replaced and Rs. 150 were charged as bi -monthly meter rent. In order to avoid disconnection the complainant paid the amount under protest. According to the complainant the opposite parties have no right to increase the meter rent. Hence he filed complaint before the Forum.

(3.) THE opposite parties in their version contended that the enhancement of rent is fixed by the Board and that the rent was enhanced Rs. 150 on the basis of the capacity of meter. As per B.O.(FB) No. 669/2002 (Plg.Com. 3809/99) dated 9.5.2002 the bi -monthly rent of meter having capacity of above 30 amps. is fixed as Rs. 150. Hence the rent was enhanced to Rs. 150 on replacement of the meter. According to the opposite parties now as per the B.O. No. 2142/03 (Plg.Com.3809/99) dated 24.12.2003 the bi -monthly rent is fixed as Rs. 40 irrespective of the capacity of meter with effect from 1.1.2004 and that from 1.1.2004 the complainant was charged only Rs. 20 per month. They further contended that the K.S.E.B is empowered to collect rental charges notified from time -to -time in exercise of powers conferred by the Section 79 (J) of the Electricity (Supply) Act, 1948 (Central Act 54 of 1948) and the meter rent charged to the consumer were as per existing orders or the KSEB.