| Sri Ajith George Thomas is the registered owner of the domestic connection with consumer No. 7746 having a connected load of 3 kW and an agricultural connection with consumer No. 6757 having a connected load of 4 kW, under Electrical Section, Mangalapuram. The appellant, Sri P.M. Varkey is the power of attorney holder of Sri Ajith George Thomas. As per the request of the appellant the agricultural connection in the premises was disconnected on 17-05-2013.
On 30-04-2015, the appellant had submitted an application before the Assistant Engineer, Mangalapuram to disconnect the service connection in the premises with consumer No. 7746. Accordingly the Assistant Engineer inspected the premises on 11-05-2015 and found that the service connection is given to a three storied building which is occupied by one Sri Deepu and his family. The present consumer is paying the current charges regularly and no arrears are pending.
The respondent has informed the appellant that the request for disconnecting the service could not be effected without the concurrence of the occupier of the premises who is the present user of electricity. So the appellant approached the CGRF seeking orders to disconnect the service connection. But the Forum dismissed the petition due to lack of merits and maintainability. Aggrieved by the decision of CGRF in OP No. 1665/2015 dated 11-03-2016, the appellant has submitted this Appeal petition.
In view of the discussions, it is clear that the dispute as to the legality of the present occupant is not finalized and the Hon’ble High Court in OP (C) No. 911/2016 dated 06-04-2016 directed the Munsiff Court to rehear and to pass appropriate orders. In the result the appeal is dismissed.
It is made clear that in the event of the appellant succeeding his case in the Civil Court, the appellant is free to approach this Authority or any other appropriate Forum for the reliefs claimed in this appeal, if he desires so. The order of CGRF in OP No. 1665/2015 is upheld. No order as to costs. |
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2016-07-29 00:00:00 |
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P/025/2016 - Sri. P.M. Varkey, Ernakulam 683104. 