| The appellant is running an institution called Amrita Vidyalayam at Kurampala, Pandalam, Pathanamthitta District and having a 3 phase electrical connection vide consumer no : 1146142015447 (LT 6F tariff) under Electrical Section, Pandalam with a sanctioned connected load of 10 Kilowatts. On 25-08-2009 the Division Squad with the officials of the Electrical Section, Pandalam inspected the premises of the school and found that the equipments are connected in excess to the connected load already granted. The respondent issued provisional bill assessment for an amount of Rs. 2,73,162/- being short remittance for alleged unauthorised load of 40 kW, dated 28-09-2009 as envisaged 126 of the Electricity Act 2003. The assessing officer after hearing has finalised provisional assessment for an amount of Rs. 1,19,202/- in the final assessment bill dated 25-11-2009. Aggrieved by the assessment bill issued by the respondent, the appellant filed a petition before the Honourable High Court of Kerala under WP(C) 34744/2009 praying to restrain the Assistant Engineer from initiating the penal charge and consequential proceeding for disconnection of the electric supply. The Hon’ble Court disposed the WP(C) 34744/2009 on 04-06-2015 by directing the consumer to file the complaint before the Kerala State Appellate Authority within one month. Pursuant to the judgment in the writ petition, the appellant filed a petition before the Appellate Authority. The Appellate Authority had ordered to set aside the final assessment issued by the respondent in order no. DB/ES/UAL/PRDG/01 dated 9/11/2009 and also directed the respondent to issue revised assessment under LTVI A tariff for the unauthorised additional load of 19 kW. As per the order of the Appellate Authority, the respondent revised the bill to Rs. 15,597/- being the balance amount to be paid by the appellant.
Thereafter the respondent had issued a bill amounting to Rs. 1,79,940/- towards fixed charge for the unauthorised load connected from 12/2009 (19 kW), from 10/2010 (25 kW) and from 9/2015 (54 kW). Aggrieved to this short assessment bill, the appellant had filed a petition before the CGRF, South, Kottarakkara. The CGRF has dismissed the petition on finding that the bill dated 28-04-2016 for Rs.1,79,940/- is in order and directed the appellant to remit the amount within one month from date of receipt of the order. Aggrieved by the decision of CGRF, the appellant has submitted the appeal petition before this Authority.
In view of the above discussions, the issuance of short assessment for an amount of Rs 1,79,940/- is illegal and not sustainable and hence it is hereby quashed. The respondent is directed to regularise the load of the appellant after inspection within a period of 30 days from the date of receipt of this order and report compliance.
The order of CGRF in OP No. 132/2016 dated 19-12-2016 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs. |
|
|
Data
|
| Size |
374.66 KB |
| Downloads |
1211 |
| Created |
2017-05-29 00:00:00 |
|
|
|
Overview
Search Downloads
Submit file
Up
P/005/2017 Prof: G. Raveendran Nair, Kochi 