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P/020/2016 Sri. Alex Thomas, Thiruvananthapuram.
The appellant, Sri Alex Thomas, is the Managing Director of B’ Canti Homes (P) Ltd, who is an applicant for HT supply to the building, B’ Canti River Park Apartments under Electrical Section, Vellayambalam for a total connected load of 315 kVA. The respondent had sanctioned an estimate amounting to Rs. 29,71,000.00 for giving HT supply to the appellant’s premises. This estimate was included an amount of Rs. 2,70,100.00 towards the 10% supervision charges for the work. It is alleged that the licensee had collected unauthorized amounts by way of supervision charges which is illegal and unauthorized.. The appellant insists that the material cost and some extraneous costs need not be taken for calculating the 10% Supervision charge by the licensee. Hence the appellant prays to issue orders to refund such amounts collected by licensee with interest, since realizing Supervision charges as 10% of the capital costs were never authorized by any Act or Rules and Regulations created by the KSERC. Against the collection of Rs. 2,70,100.00 towards the supervision charges for the HT supply, the appellant preferred a complaint before the CGRF (South), Kottarakara, pleading to refund the amount collected as 10% supervision charges with interest. The CGRF has found that the Board is empowered and bound to supervise the entire work up to the metering point and as such they empowered to realize 10% of the cost as supervision charges as authorized by KSERC and hence dismissed the petition vide order OP No. 1579/2015 dated 29-01-2016. Aggrieved against the above order, the appellant has approached this Authority with this appeal petition seeking relief with a plea to refund Rs. 2,53,617.00 collected in excess towards supervision charges along with interest at twice the bank rate with effect from the date of collection. On an overall view of the facts and evidences produced by both sides it is hereby directed the respondent to revise the supervision charges as described above and also to refund the excess 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 a period 30 days from the date of receipt of this order. Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is allowed to the extent as ordered. The order of CGRF in OP No. 1579/2015 dated 29-01-2016 is set aside. No order as to costs.

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Created 2016-06-30 00:00:00

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