K P SUBHASH Vs. ASST EXECUTIVE ENGINEER

JUDGEMENT

(1.) This petition is by the appellant for the issue of direction to the first respondent, Asst. Executive Engineer, K. S. E. B. to restore forthwith the electric supply to the petitioners unit, Rubicon pending disposal of the appeal. To this petition first respondent has filed objection.

(2.) The appeal is directed against the order of the Consumer Disputes Redressal Forum, Ernakulam. When the appeal came up for admission on 22.4.1999 appellant wanted time and the same was adjourned to 13.5.1999 on which date on hearing the appellant notice was ordered to the respondent returnable by 13.7.1999. Then the learned Counsel for the appellant moved this petition for interim direction. No interim direction was ordered as the commission felt that the respondent has to be heard. On account of the same notice was ordered on that petition also returnable by 13.7.1999. In the meanwhile the appellant's learned Counsel produced before the Commission an order by the High Court of Kerala in O. P.13241/99 with a letter of the Counsel on 3.7.1999. The order of the High Court states : "the grievance of the petitioner is that Ext. P15 is not yet taken up for appropriate orders". The direction in the judgment is to dispose of Ext. P15 within six weeks from the date of presentation of the copy of the judgment. As already noticed, the petition for interim direction in fact was moved on 13.5.1999 and this Commission had ordered notice returnable by 13.7.1999.

(3.) The appeal is directed against the order of Consumer Disputes Redressal Forum, Ernakulam in O. P.1067/98 by which the District Forum disposed of the complaint by the appellant directing the complainant to file an application before the opposite party/respondent for exempting him from payment of fixed charge and surcharge due from him after 11 /93 and for instalment benefit for payment of the amount. Appellant alleged, that the disconnection of the supply as well as dismantling of the meter and direction to pay surcharge, etc. is illegal. In this petition, as already noticed, the appellant seeks to issue a direction to restore the electric supply. In the objection by the opposite parties they sought to maintain, that the disconnection as well as dismantling of the meter was valid and it is also maintained by them, the interim relief sought for cannot be entertained by the Commission as the Commission has no jurisdiction to issue such a direction.