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The appellant Sri Vimal Paul is the Managing Partner of M/s. L & P Rubber Industries, Rubber Park, Valayanchirangara P.O, Perumbavoor, engaged in the business of manufacturing tread rubber and allied products. The connection was given to the industrial unit by the Rubber Park India Ltd. the Licensee, bearing consumer No: 125, under HT I tariff with a Contract Demand of 200 kVA. The respondent has issued a demand notice for back assessment amounting to Rs. 10,57,254.00 towards the energy charges of unrecorded consumption of 243852 units during the period from 01-01-2013 to 01-10-2013 alleging that current in one of the phases was missing in the metering circuit of the appellant. Aggrieved by the decision of the respondent the appellant approached CGRF of the licensee and preferred an appeal petition.
Further, the appellant also filed a Writ Petition No. WP (C) 17117/2014 (L) before the Hon’ble High Court of Kerala which was disposed of on 16-07-2014 with a direction to consider the objections of the appellant by the CGRF of Rubber Park India (P) Ltd. Accordingly, CGRF has ordered to revise the disputed bill by taking the actual consumption of the appellant as two times of the recorded consumption during the disputed period instead of average consumption based on the succeeding 6 months consumption after the rectification of defects vide order in CGRF 01/2015 dated 27-10-2015. Not satisfied with the above order, the appellant has filed this appeal petition before this Authority.
It is evident that the licensee has not conducted any inspection or not prepared any mahazar or not conducted testing of the disputed meter in an approved lab or at Electrical Inspectorate. Even before affording an opportunity to file objections and even before conducting any personal hearing licensee demanded for Rs. 10,57,284.00 on 26-05-2014 after a lapse of 6 months after the alleged rectification works conducted on 10-10-2013. Hence such a demand cannot be sustained under law and is liable to be quashed. In view of the above findings the bill issued for Rs. 10,57,284.00 is quashed. Appeal is admitted and the order of CGRF Rubber Park India (P) Ltd. 01/2015 dated 27-10-2015 is set aside. No order as to costs. |
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2016-03-31 00:00:00 |
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P/173/2015 Sri Vimal Paul, Perumbavoor 