| The appellant, Sri Jaffer Khan, is conducting a plywood unit in the name and style of M/s Perfect Plywoods. The appellant’s unit is provided with an LT three phase service connection with consumer number 18856 under the jurisdiction of Electrical Section, Valayanchirangara. It is alleged that the agent entrusted for arranging service connection after installing a transformer under the ‘Minimum Guarantee Scheme’ has made arrangements for installation of transformer under OYEC scheme by mistake. Hence the appellant has to pay huge amount of Rs. 6,98,948.00 towards the installation of transformer. Even though the respondent allowed 12 instalments @ Rs. 36,276.00 towards the installation charges of the transformer under OYEC scheme, the appellant could only remit the first instalment as per the above sanction.
Further, the appellant has defaulted remittance of current charges as well as OYEC instalments, a notice was issued to him by the respondent to remit the amount with interest. Instead of remitting the amount, the appellant approached the Hon’ble High Court by filing WP(C) 5050/2015 which was disposed of by directing to remit one-half amount. Against this, the appellant filed a Writ Appeal No. 618/2015 wherein the Division Bench directed not to insist one-half payment but to consider his application and pass appropriate orders. On the application submitted by the appellant, since no favourable order was passed the appellant again approached the Hon’ble High Court vide WP(C) No. 11593/2016 wherein the Hon’ble High Court was pleased to dispose of the petition granting the appellant to remit the arrears in instalments.
However, the appellant could not remit the dues and the respondent issued demand notice dated 16-06-2016 demanding Rs. 6,63,558.00 towards the OYEC instalments and Rs. 57,803.00 towards the penal interest. Aggrieved against this the appellant approached with a petition before CGRF, Ernakulam. The appellant also filed Writ Petition No. 34558/2016 before the Hon’ble High Court. The appellant alleged that the respondent disconnected the service on 16-06-2016 and later dismantled on 28-10-2016. The CGRF dismissed the petition vide order in No. 77/2016-17 dated 21-12-2016. Aggrieved against the order of Forum, the appellant has filed this appeal petition before this Authority.
In view of the above discussions the respondent is hereby directed to revise the arrears pending in this case and to allow the appellant to clear the same in 6 installments. The appellant is directed to remit the 50% of the arrears as first installment within 30 days from the date of receipt of intimation from the respondent. The service shall be reconnected within a period of 15 days from the date of payment of first installment.
It is also directed to sanction 5 equal installments for remitting the balance arrears. The respondent is directed to revise the penal interest after 17-04-2015. The interest shall be levied strictly in accordance with the Regulation 131 (2) of Supply Code, 2014. If the appellant fails to remit the amount of arrears with interest on or before due date indicated in the demand notice, the licensee may initiate proceedings for the recovery of arrears in accordance with the relevant legal provisions. The appeal is disposed of accordingly. |
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2017-01-31 00:00:00 |
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P/002/2017 Sri. Jaffer Khan Ernakulam 