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P/005/2016 Smt. C.P Maggie, Thiruvananthapuram
The appellant is a consumer having consumer nos. 11481 and 4758 with connected load of 5 kW and 39.76 kW respectively under the Electrical Section, Cantonment, Thiruvananthapuram. The appellant applied for an additional load of 70 kW after completing the construction of the building, but the respondent objected the enhancement of connected load and directed the appellant to comply with the formalities of High Rise building including erection of a new transformer for the enhancement of the connected load. The contention of the appellant is that the building is only a multi-storeyed one and not coming under the category of High rise buildings. On the other hand, the respondent’s contention is that as per the approved plan there is a terrace floor which is situated below the lift machine room and above the fourth floor. The terrace floor heights to 2.57 metre is a dwelling area which can be used for other functions and hence the total height of the building is 18.65 metre which comes under high rise building category and LT supply to high rise building can be issued only after satisfying the conditions as envisaged under relevant Regulations in the Supply Code, 2014. Aggrieved against the stand of respondent, the appellant approached CGRF (South), Kottarakkara and filed OP No. 1577/2015. The Forum disposed of the petition on 18-01-2016 by upholding the decision of the respondent that the building having height of more than 16 metre and the appellant is bound to comply the formalities of high rise building for availing enhancement of connected load. Not satisfied with the above decision, the appellant filed this appeal before this Authority. As per Rule 32 of the Kerala Municipality Building Rules similar roof structures other than pent houses shall not be included for the purpose of considering the height of the building. Since the terrace building is not having a pent house the appellant’s argument that this area can be used as a dwelling place in future cannot be justified. Hence the respondent is directed to issue feasibility for enhancing the connected load of 70 kW without insisting the formalities of High Rise building category. Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is admitted. The order dated 18-01-2016 of CGRF in OP No. 1577/2015 is set aside. No order as to costs.

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Created 2016-04-26 00:00:00

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