| The appellant had availed single phase connection with consumer number 2389 under Electrical Section, Vatakara North on 01-03-1996 which was converted to 3 phase in April 1998. The appellant was served with an arrear bill for Rs. 37,160.00 being the charges for the excess energy consumed during the period from 1/1997 to 9/1999. Against this bill the appellant had filed an Original Suit No. 66/2000 before the Hon'ble Munsiff Court, Vatakara which was decreed in favour of the appellant. Hence the respondent filed an appeal petition (AS No. 18/2001) before the Sub Court, Vatakara.
The respondent’s contention is that the Hon’ble Sub Court in its judgment dated 20-10-2004 was pleased to allow the appeal partly with the observation that the respondent’s right to realize the additional electricity charges for the excess consumption of 1774 units from May 1998 to September 1999 would not be prejudiced by the decree of Hon’ble Munsiff Court, Vatakara in OS No. 66/2000. The appellant’s contention is that the respondent issued demand notice for Rs. 5,82,106.00 without denoting the period of arrears and with threat of disconnection on 03-07-2014. The appellant stated that he deposited the amount towards the current charges for and on behalf of respondent in the Court as per the order of Hon’ble Sub Court, Vatakara in AS No. 18/2001.
Aggrieved against the above demand, the appellant submitted a petition before the Consumer Grievance Redressal Forum, Kozhikode which was dismissed vide order in OP No. 94/2015‐16 dated 29-12-2015 holding that the demand notice issued to the appellant for Rs. 6,00,200.00 dated 19-11-2014 is in compliance of Section 45 of Electricity Act, 2003 and to the Regulation 131 of Supply Code, 2014 and the decision of Hon’ble High Court in WP (C) No. 90 of 2009 and hence in order. Not satisfied with the above order, the appellant has filed this appeal petition.
The appellant can be exonerated from the liability for payment of surcharge up to the date of issue of arrears notice dated 19-11-2014. Respondent is directed to issue revised demand for the arrears along with surcharge with effect from 19-11-2014. Appeal petition is admitted. Order of CGRF in OP No. 94/2015-16 dated 29-12-2015 is set aside. No order as to costs. |
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2016-05-31 00:00:00 |
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P/007/2016 Sri Kunhabdulla, Kozhikode 