Rajesh vs K.S.E.B. on 20 January, 2006
4. We find that it is not disputed that the
complainant obtained electric connection after executing the minimum
guarantee agreement. It is also not disputed that as per the
minimum guarantee agreement the complainant is bound to remit the
guaranteed amount whether the complainant has consumed electricity
or not. In the instant case for the period after the date of
disconnection the appellant has claimed only minimum guarantee amount
and not the electric charges as per existing slab. Admittedly the
date of disconnection is 12/91. Thereafter till the date of
dismantling the appellant has only claimed the minimum guarantee
amount. It would altogether come Rs.2,497.34 + penal interest of
Rs.2,730; altogether Rs.5,227.35. The finding of the Forum that the
appellants have no authority to disconnect electric supply cannot be
upheld. The counsel also relied on the decision in Rajesh Vs
K.S.E.B, 2006 (1)KLT 686 of the High Court of Kerala. Therein it
has been held that the consumer is liable to pay minimum charge even
after the service is disconnected. In the circumstances and in the
light of the above decision we find that the order of the Forum
directing the appellant to reconnect the supply cannot sustained.
The order of the Forum is set aside. The complainant is liable to
pay the bill amount of Rs.5,277.35. The complainant is directed to
pay the amount within 3 months from the date of receipt of this
order. Only if the amount is not paid within the above period the
opposite parties will be entitled to realize the above amount with
interest @ 12% from the date of this order.