| The appellant is a consumer under Electrical Section, Cheranellore having 4 Nos. of electrical connections having the following consumer Nos. and tariffs.
1. Consumer No. 3376 LT I A II Floor
2. Consumer No. 3377 LT I A I Floor
3. Consumer No. 3378 LT VII B Ground Floor
4. Consumer No. 3379 LT I A Ground Floor
The connections are registered in the name of Smt. Mema P.G., the appellant’s mother-in-law and the appellant is the occupant of the building at present. On 17-09-2015, a team of APTS inspected the premises and detected that the service connections with consumer Nos. 3377 and 3379 issued for domestic purpose are being used for commercial purposes. Based on the above findings the Assistant Engineer, Electrical Section, Cheranellore issued two penal bills dated 19-09-2015 for Rs. 11,872.00 (consumer no. 3379) and Rs. 14,407.00 (consumer no. 3377) which was remitted by the appellant on 25-09-2015.
Aggrieved against this, the appellant filed a complaint before the CGRF (Central Region), Ernakulam. The Forum dismissed the petition vide order No. 91/2015-16 dated 23-1-2016 by holding that the case is not maintainable as the disputed penal bill was issued under Section 126 of the Electricity Act, 2003. Against the decisions of the CGRF, the appellant has approached this Authority with this appeal petition.
In the case at hand it is evident that even before affording an opportunity to file objections and even before conducting any personal hearing the respondent demanded payment of the amount of penalty provisionally assessed. Such a demand cannot be sustained under law and liable to be quashed.
Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is admitted. Order of CGRF No. 91/2015-16 dated 23-1-2016 is set aside. No order as to costs. |
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2016-04-25 00:00:00 |
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P/006/2016 Dr. N.G. Mejoy Sebastine Kochi – 682 012 