| The appellant is running a Company in the name of Kunnathan Chip Boards Pvt. Ltd., bearing Consumer Code LC No. 5/6909 under Electrical Section, Velloorkunnam. The appellant had submitted application for high tension power to their unit with contract demand of 950 kVA to the respondent and remitted an amount of Rs 28,74,000.00 in connection with the expenditure incurred by the licensee towards the distribution side works. Further, the licensee has demanded a sum of Rs 19,60,800 computed @ Rs. 2,064.00/kVA as pro-rata transmission side development charges on per kVA basis from the appellant, vide letter No. TDKM – 89/12-13 dated 1/12/2012 of Executive Engineer, Electrical Division, Kothamangalam.
Against this demand, the appellant approached the Hon'ble High Court by filing W.P. (C) 21311 of 2015. The Hon’ble High Court, vide impugned judgment dated 15-7-2015, ordered the appellant to approach the CGRF and also held that not to disconnect the supply pending final orders of the CGRF. Accordingly the appellant filed a petition before the CGRF which was disposed vide Order No. 61/2015 dated 21-11-2015, with a finding that the demand raised by the respondent is correct and the appellant is bound to pay the same. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition.
According to the judgment in Writ Appeal No. 900/2013 of Hon'ble High Court and in OP No. 22/2011 of Hon'ble Commission, the licensee can recover transmission charges from the appellant and this Authority is of the view that there is no violation in issuing demand for transmission charges. But it is found that the cost estimate is not in accordance with the order dated 23-05-2011 in petition No. TP-87/2011. Hence the respondent is directed to issue revised demand in accordance with order dated 23-05-2011 in petition No. TP-87/2011 to the appellant for 950 kVA on proper acknowledgement within a period of 30 days from the date of receipt of this order. Appeal is admitted. CGRF order is modified. No order as to costs. |
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P/183/2015 Sri K.P. Siyad Muvattupuzha 