| M/s Santhimadom Builders and Developers applied for power demand for 1184.40 kVA for their two residential cum commercial complexes namely Kottapady North Project & South Project. But they abandoned the projects and the individual owners completed the villas later and they applied for electric connection separately. The individual owners completed residential villas of North Project and they were given electric connection after remitting the expenditure as demanded by the KSEB Limited. Few individual owners of South Project approached the Hon’ble High Court seeking direction to dispose of their applications for electric connections without insisting the payment of the expenses to be incurred for providing new transformer. The contention of the appellants is that the total power requirement, as specified by the builder, will not come more than 1 MW and the demand for bearing cost of transformer and other equipments cannot be sustained.
The Hon’ble High Court disposed of the case by directing the respondents to provide electric connection on remittance of cost required for up-gradation of distribution system. Based on the judgment, 55 individual owners remitted the requisite amount proportionate to their plinth area and obtained connection. After availing the connection, one of the building owners, Sri Paramu Kumaran approached Hon'ble High Court stating that the total requirement of the present building owners comes only 350 kW which is less than 1 MW and requested to refund the excess amount remitted for availing service connection.
In the judgment the Hon'ble High court of Kerala has directed one of the building owners, Sri Paramu Kumaran, S/o Paraman Kalluchirayil, to approach CGRF under Section 130(8) of Kerala Electricity Supply Code (KESC) 2014. But Sri M Jayaprakash, Navitha Rooms, S2, AP3 201 D2, Iringapuram P.O., Guruvayoor who filed petition before the CGRF which was dismissed vide order dated 21-05-2015 holding that the petitioner does not come under the definition of “complainant” as per law. Aggrieved with the above decisions of CGRF, the appellant has approached this Authority with this appeal petition on 22-06-2015.
The proportionate expenditure of Rs. 203.26 per square metre arrived by the respondent is found as excess and hence directed to revise the same based on the observations of this Authority. The excess amount remitted by all the applicants shall be adjusted in the future bills or to refund the amount at any rate within 45 days from the date of receipt of this order.
As the service connections of 55 villas of the scheme were effected and in the circumstances the builder is not proceeding with the project and also considering the direction of Hon'ble High Court in this matter, connection to the rest of the applicants may be given as per the provisions of Electricity Act and Regulations. The appeal is allowed. No order as to costs. |
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2016-01-18 00:00:00 |
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P/136/2015 - Sri Jayaprakash Guruvayoor 