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P/133/2015 - M/s Aaron International, Palakkad
The appellant in this petition had applied for power allocation of 270 kVA to start a new industry in Industrial Development Area at Parakkulam, Palakkad for manufacturing Copper Cathode and Zinc Sulphate and the same was sanctioned by the Deputy Chief Engineer, Electrical Circle, Shornur on 05-11-2007. The appellant remitted Rs. 60,000.00 as security deposit on 04-11-2007, for getting the power allocation. As per the request of appellant the power allocation was extended for six months from 05-05-2008. On 5th of August 2008, the appellant remitted an amount of Rs. 87,079.00 towards the OYEC charges. It is alleged that the works on the part of the respondent were said to be completed on 18-12-2008 itself. But the appellant submitted a letter to the respondent informing the completion of the work and requested to provide power supply only on 04-06-2014. Hence the respondent demanded unconnected minimum charges (UCM) amounting to Rs. 2,73,735.00 for the period from 4/2009 to 10/2009. When the appellant was ready with their installations to avail power, the respondent intimated that their industry is a power intensive unit and hence power supply could be given through a dedicated feeder as per the new Supply Code. Being aggrieved by the demand, the appellant approached the CGRF, Kozhikode by filing petition on 09-12-2014 with request to reclassify their unit as non power intensive. The CGRF had taken the following decision on this. “The respondents are directed to collect UCM charges from 4/2009 to 6/2014 without surcharge, according to the tariff prevailed during the day and thereafter effect service connection to the petitioner.” Aggrieved against the decision, the appellant has submitted this appeal petition with a plea to set aside the direction to the respondent to collect unconnected minimum charges from the appellant. In the meanwhile the appellant had approached the Hon’ble High Court of Kerala by filing WP(C) No. 2933/2015 seeking a prayer for expeditious disposal of petition already filed before this Authority. The Hon’ble Court disposed the above OP with a direction to dispose the petition within a period of one month from the date of receipt of copy of judgment after hearing the petitioner. It is decided to quash the demand for Rs. 2,73,735.00 issued to the appellant. The appellant is directed to approach the respondent with fresh application and respondent shall take action on that without any delay. Appeal is allowed and related order of CGRF in OP No. CGRF-CR/Comp/87/2014-15 dated 19-05-2015 is set aside.

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Created 2015-10-29 00:00:00

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