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P/033/2019 - Sri. Narayanan K., Ernakulam
The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The appellant have two electric connections under Electrical Section, Perumanna with consumer numbers 7697 and 7801 under LT VII A tariff having connected loads 15 kW and 20 kW respectively. The appellant was given a short assessment bills amounting to Rs. 2,23,132/- and Rs. 2,94,641/- towards the short assessment of penalization in respect of consumer nos.7801 & 7697 for UAL detected in the premises during the inspection on 30/07/2009 and additional load declared under voluntary discloser scheme respectively including surcharge from 2011 onwards, vide letters dated 23/11/2018 & 12/12/2018. The appellant had filed petition against the above bills before the CGRF Northern Region Kozhikode and the CGRF by its order dated 30/03/2019, partially admitted the petition and decided to quash the short assessment bill in respect of Consumer No. 11673007697 and in the case of consumer no. 1167341007801, the penal bill is found sustainable. The Assistant Engineer Electrical Section Perumanna vide the notice dated 17/04/2019 directed to remit the penal bill amount of Rs. 1,22,353/- in respect of consumer no.7801with a surcharge of Rs.1,82,076/- (total Rs. 3,04,429/-). Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the findings and conclusions arrived at as detailed above, I decide as follows. Instead of filing appeal before the aforesaid statutory authority, the appellant herein approached first the CGRF and thereafter this Authority. Moreover, CGRF / Electricity Ombudsman has no jurisdiction to entertain complaints relating to unauthorized use of electricity as provided under Section 126 of the Electricity Act, 2003 in view of the bar under Sub Clause (vii) (I) of Clause 2 (f) of the Regulations. It is therefore held that the remedy available to the appellant is only an appeal before the Statutory Authority under Section 127 and that this appeal petition is not maintainable. The order of the CGRF is set aside. The appeal petition is rejected as not maintainable. No order as to costs. The appellant is at liberty to prefer appeal before the Appellate Authority within a period of 30 days from the date of receipt of this order under Section 127 of the Electricity Act 2003. No coercive action shall be taken by the respondent against the appellant during the appeal period, based on the pending bills under dispute in this case.

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Created 2019-07-01 05:44:14

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