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P/031/2019 - Sri. S.M. Hamsa, Ernakulam
The Consumer No. 1157313019121 is a registered consumer at Electrical Section, Thrikkakara West in the name of Executive Engineer, Kerala State Housing Board, Panampilly Nagar, Kochi with a connected load 124 KW in I -A Tariff from 29.08.2005. The appellant in the Appeal No. P/31/2019 is the Secretary, Thrikkakara NRI Flats Allottees Association, Thrikkakara. The appellant was served with an arrear bills for Rs.1,45,700/- and Rs. 51,639/- towards low voltage supply surcharge for the usage of 124 kW connected load for the Low Tension Service connection without availing High Tension service connection. The case of the appellant is that the original connected load of the Consumer in 2005 was 124 k W and the same was for 4 Towers in the complex and a tower was separated in 2008 itself with the full concurrence and on completion of the procedure as per regulation 8 and 9 of the Kerala Electricity Supply Code with the KSEB Authorities with Eastern Group, and hence the connected Load was reduced to 90 k W from 2008 itself and hence the present imposing of penalty and fine of Rs. 1,97,339/- is illegal and unsustainable. The appellant has remitted Rs. 1,97,339/- as low voltage surcharge. An objection was filed before the Executive Engineer for the refund of the amount collected and not getting any positive response from the licensee, the appellant had approached the CGRF (CR) by filing a petition in No. 86/2018-19. The Forum dismissed the petition due to lack of merits, vide order dated 30-03-2019. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. It is not all proper to issue a bill for low voltage surcharge alleging the appellant had been using 124 kW connected load, of which the licensee had already removed 34 kW in 2008 itself without the knowledge of the appellant. In this case variation of connected load was done by the respondent, not by the appellant at his request. From the conclusions arrived at as detailed above, I decide to quash the short assessment bills amounting to Rs. 1,45,700/- and Rs. 51,639/- issued to the appellant. The amount collected shall be refunded by adjusting it in appellant’s future bills. Interest at bank rate from the date of remittance to the date of transfer of the amount shall also be credited as advance payment. This shall be done within a period of 30 days from the date of receipt of this order. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the appellant is allowed as ordered and stands disposed of as such. The order of CGRF in OP No. 86/2018-19 dated 30-03-2019 is set aside. No order on costs.

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Created 2019-07-01 05:56:18

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