| The appellant, Sri N.J. James, Managing Director, Neerackal Latex (P) Ltd., is a consumer of electricity having consumer No. 22890 under the Electrical Section, Kaduthurthy. The connection to the premises was originally given under LT supply with a sanctioned load of 77 kW. Later on request, the connected load was enhanced and the connection was converted into HT supply. Since the light load in the premises of the appellant was not segregated and metered, a penal bill for Rs. 1,70,005.00 served on him by the respondent. The appellant filed an objection against the penal bill before the Special Officer (Revenue), but the said bill was confirmed by proceedings dated 30-05-2015. Aggrieved against this, a complaint was filed before the CGRF (South), Kottarakkara. The Forum dismissed the complaint vide order in OP No. 1523/2015 dated 08-10-2015. Against the above order, the appellant has filed this appeal petition before this Authority.
In view of the settled legal position, short assessment issued without observing the mandatory provisions of the Act is not sustainable. The action of the licensee without complying the legal formalities amounts to arbitrariness and denial of natural justice. Hence the penal bill issued for Rs. 1,70,005.00 is quashed. Appeal is admitted. CGRF Order in OP No. 1523/2015 dated 08-10-2015 is set aside. No order as to costs. |
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P/172/2015 N.J. James Kottayam. 