IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 35188 of 2003(L) -------------------------- PETITIONER(S): ------------------ 1. DR. S. SREENIVASA KAMATH, S/O. E.N. SADANANDA KAMATH, ELAYEDATH HOUSE, T.D. ROAD, ERNAKULAM. 2. DR. S. SACHIDANANDA KAMATH, S/O. E.N. SADANANDA KAMATH, ELAYEDATH HOUSE, T.D. ROAD, ERNAKULAM. BY ADV. SRI.R.LAKSHMI NARAYAN SMT.R.RANJINI RESPONDENT(S): ------------------- 1. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION (CENTRAL), ERNAKULAM, KOCHI-18. ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB FOR R1&2 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35188/03 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE JUDGMENT IN OP 19046/98 DT.20.10.98. EXT.P2: PHOTOCOPY OF THE BILL DT 4.12.1998 EXT.P3: PHOTOCOPY OF THE JUDGMENT DTD. 5.12.2001 IN OP 233/1999. EXT.P4: PHOTOCOPY OF THE LETTER DT.28.10.2002 OF THE 2ND RESPONDENT. EXT.P5: PHOTOCOPY OF THE ORDER DTD. 26.8.2003 OF THE 1ST RESPONDENT. EXT.P6: PHOTOCOPY OF THE NOTICE DTD. 23.10.2003 OF THE RESPONDENT. EXTS.OF R2 EXT.R2(a): TRUE COPY OF THE LETTER DTD. 7.2.02 ISSUED TO THE CONSUMER. EXT.R2(b): TRUE COPY OF THE LETTER DTD. 19.9.02 ISSUED TO THE CONSUMER. EXT.R2(c): TRUE COPY OF THE NOTICE DTD 7.11.2003. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ================ W.P.(C) NO. 35188 OF 2003 (L) ===================== Dated this the 4th day of June, 2009 J U D G M E N T Ext.P2 bill was issued to the petitioners deceased father, who was the then consumer of Consumer No.6484, demanding an amount of Rs.67,611, being the escaped assessment for the period from 2/11/95 to 5/5/98. The amount was to be paid before 11/12/98. In O.P.No.233/99, this Court granted a stay of the demand on condition that the petitioner remits 1/3rd of the amount. It is stated that in compliance with the said order, Rs.22,534/ was remitted by the petitioner on 6/1/99. The aforesaid original petition was disposed of by Ext.P3 judgment relegating the parties to file appeal as provided under the Conditions of Supply of Electrical Energy. 2. The appeal was filed and by Ext.P5 order dated 26/8/03, Ext.P2 was confirmed. Following Ext.P5, on 23/10/2003, respondents issued Ext.P6 demanding an amount of Rs.66,711 along with Rs.81,120 towards surcharge. Petitioner submits that as 1/3rd of the amount was already paid, the balance due under Ext.P2 bill was paid by them on 10/11/2003. In this writ petition WPC 35188/03 :2 : filed challenging Ext.P6, the main dispute is regarding the demand for surcharge. According to the petitioner such levy of surcharges is impermissible in so far as residential supply is concerned. 3. Standing counsel for the respondent Board submits that what was demanded in Ext.P6 was wrongly shown as surcharge, but actually it represents interest that is payable by a defaulter at the rates as provided in the Conditions of Supply of Electrical Energy. It is stated that at the relevant point of time, interest was leviable at 24% and that it is presently 17%. 4. Admittedly the amount demanded in Ext.P2 was payable on or before 11/12/98. Irrespective of the fact that there were several litigations between the parties, fact remains that 1/3rd of the amount was paid by the petitioner on 6/1/99 and the balance on 10/11/2003. If that be so, necessarily the petitioner is liable to pay interest on the belated demands in view of the provisions contained in the Conditions of Supply of Electrical Energy. 5. Although it is the case of the Board that the petitioner should pay interest at 24% itself, still having regard to the fact WPC 35188/03 :3 : that the matter was pending in this Court, I am inclined to direct that the matter be given a quietus on the petitioner remitting interest at 12%. Accordingly, the writ petition is disposed of directing that it will be open to the respondents to demand interest from the petitioner at 12% on Rs.67,611 for the period from 11/12/98 to 6/1/99 when the petitioner remitted 1/3rd of the amount. For the balance 2/3rd of the amount, the respondents will be at liberty to demand interest for the period from 6/1/99 till 10/11/2003. It will be open to the 2nd respondent to issue a revised demand of interest as indicated above and once such a demand is made, it shall be the obligation of the petitioners to pay the amounts. ANTONY DOMINIC, JUDGE Rp