| The appellant, Sri Alex Thomas is the Managing Director of B’ Canti Homes (P) Ltd, who is an applicant for HT power supply with a connected load of 315 kVA to the building B’ Canti River Park Apartments which comes under the jurisdiction of Electrical Section, Vellayambalam. The respondent after collecting the estimate amount has extended 11 kV supply to the multi-storied building of the appellant. The works of 11 kV cable laying up to consumer premises, erection of an indoor transformer and allied LT side works and terminal arrangements including metering panel were carried out by the appellant after remitting the Supervision charges. Later, a number of LT service connections were effected after collecting the ECSC (Estimate Cost for Service Connection) charges for providing weather proof service connections for LT consumers as approved by the Commission.
The appellant preferred a complaint before the CGRF (South), Kottarakara, pleading to refund the amount collected as ECSC with interest. The CGRF has found that the licensee shall collect only the energisation charges as authorized by the KSERC and the excess amount collected from the appellant shall be refunded. Not satisfied with the above order, the appellant has approached this Authority with this appeal petition seeking relief with a plea to declare that collection of ECSC amounts while registering and allotting consumer numbers to 26 independent units at B' Canti River Park Apartment by the Assistant Engineer is illegal and issue orders to refund such amounts in full, as onetime payment with interest at double the bank rate with effect from 25-07-2014.
From the analysis done and the findings and conclusions arrived at which are detailed above it is decided to take the following decisions.
The collection of charges for providing independent service connections to various apartments of the high-rise building of the appellant was found as arbitrary and the respondent is directed to refund the amount so collected along with interest at the bank rate as on the date of remittance as per provisions in Supply Code, 2014. This shall be done at any rate within 30 days from the date of receipt of this order.
Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant is allowed to the extent as ordered. The order of CGRF in OP No 1560/2015 is upheld. No order as to costs. |
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P/019/2016 Sri. Alex Thomas, Thiruvananthapuram. 