| The appellant, Smt. Marykutty Thomas, is a consumer under Electrical Section, Kottayam East with consumer No 17018 under LT IA tariff. On 20-08-2014 the APTS Kottayam unit conducted an inspection in the appellant's premises and detected theft of electricity. Consequent to that a penal bill amounting to Rs. 29,000.00 towards the penalty under Section 135 of the Electricity Act, 2003 was served on the appellant and the same was remitted. Later, the appellant had filed complaint before the higher officials of the KSEB Limited against the irresponsibility and negligence of the Lineman and Overseer whose action caused accusation of theft of energy and for the remittance of penal charges.
The appellant also approached the CGRF by filing a petition for taking appropriate action against the alleged staff of licensee and the Forum in its order dated 18-11-2015 in OP No.1534/2015 held that “This petition is against a particular staff of the licensee, who had committed mistake, which caused grievances to the consumer. The licensee had already taken steps for action. This Forum has no power or jurisdiction to take action against the staff of the licensee, who had committed mistake against the consumer, during the course of his employment. However the Forum directs the licensee to take immediate steps for redressing the grievances of the petitioner with an open mind.” Not satisfied with the above order, the appellant has filed this appeal petition before this Authority.
Without going deep into the merits of the case this Authority is of the view that the respondent had exceeded their powers in booking the case under Section 135 of the Act and in raising the bill for the offence of theft of electricity. The Assessing Officer disposed the appeal even without applying mind to do justice to the appellant. As this Authority have no power or jurisdiction to take disciplinary action against the staff of the licensee who have committed dereliction of duties and negligence, it is decided to direct the licensee to take appropriate action against the staff concerned. Also it is directed to review the case of the appellant after applying mind to do justice and to refund the amount collected from the appellant. Having concluded and decided as above it is ordered accordingly. |
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P/181/2015 Smt. Marykutty Thomas, Kottayam. 