| The appellant is a consumer with consumer No: 1156018003432 under the jurisdiction of Electrical Section, No. II, Kothamangalam. This service connection was effected under LT IV tariff exclusively for industrial purpose with a connected load of 19 kW. The appellant is conducting an oil mill engaged in extraction of oil from Copra and Gingili. On 02-05-2014, APTS, Vazhathoppu conducted an inspection in the appellant’s premises and found that no industrial activities except filtering and packing of oil brought from outside were carried out in the unit. Alleging that there is misuse of tariff, the Anti Power Theft Squad, Vazhathoppu prepared a mahazar.
Based on the above findings, the Assistant Engineer, Electrical Section, No. II, K.S.E.B. Kothamangalam issued a provisional bill for an amount Rs. 59,861.00 towards the charge under differential tariff between commercial and industrial. Against the short assessment, the appellant submitted his objection only after the issuance of final bill for an amount Rs. 59,861.00. Since the respondent failed to take any action on this objection the appellant challenged the penal bill before the Hon’ble High Court of Kerala in W.P. (C) No: 14873 of 2014. The Hon’ble High Court disposed the Writ Petition vide its judgment dated 18-06-2014 by directing the respondent to consider the objection of the appellant and pass final orders in the matter after affording an opportunity of personal hearing to the appellant.
Pursuant to the directions contained in the judgment, though the Assessing Officer conducted a personal hearing on 29-11-2014 he issued final order without any change in the assessment only on 26-10-2015 directing the appellant to remit the entire amount of Rs. 59,861.00. So the appellant submitted a complaint before the Hon’ble CGRF Ernakulam which was dismissed on the grounds that the disputed bill is issued as per Section 126 of the Electricity Act and the Forum has no jurisdiction in the matter, vide order No. CGRF-CR/Comp./103/2015-16 dated 16-02-2016. Aggrieved against the decision of the CGRF, the appellant submitted this appeal petition dated 02-03-2016 before this Authority.
In the above circumstances I am directing the Assistant Engineer, Electrical Section No II, Kothamangalam, to reassess the appellant for the amount of electricity charges short collected by the licensee, if any, under normal tariff in LT VII A for a period of 12 months as per Regulation 152 of Supply Code, 2014. This shall be done at any rate within 15 days from the date of receipt of this order. In view of the above direction the final bill dated 26-10-2015 issued for Rs. 59,861.00 is hereby quashed. The respondent is also directed to regularize the service connection of the appellant if he desires so.
Having concluded and decided as above it is ordered accordingly. The appeal is found having some merits and is allowed. The CGRF order in petition No CGRF-CR/Comp./103/2015-16/618 dated 16-02-2016 is set aside. There is no order as to costs. |
|
|
Data
|
| Size |
215.15 KB |
| Downloads |
1127 |
| Created |
2016-06-17 00:00:00 |
|
|
|
Overview
Search Downloads
Submit file
Up
P/016/2016 Sri. Pramod C.K . Neriyamangalam. 