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P/044/2017 Sri. Rafeeque Parakandy Kannur
The Appellant is a consumer of electricity with Consumer No. 1166696012242 under Electrical Section, Thalassery North, KSEB Limited. The appellant has a three phase service connection with registered connected load of 42 kW and the assigned tariff is LT IV A. An ice plant named ‘Redak’ has been functioning in the premises. On 19-11-2016, a surprise inspection was carried out in the premises by the Anti Power Theft Squad, Kannur along with the Section officials and noticed that there was connected and using a total load of 65 kW, without obtaining prior sanction from the licensee and hence there was connected and using an unauthorised load 23 kW in the premises. Accordingly a site mahazar was prepared and based on the site mahazar for the unauthorised load to the tune of 23 kW, a provisional assessment for Rs. 3,15,052/- was issued to the consumer under section 126 of the Act 2003. Against the same, the appellant had filed an appeal before the Assessing Officer and after conducting a hearing on 20-12-2016 the provisional assessment was revised for Rs. 92,467/- and a final assessment order was issued along with detailed calculation statement. Though the consumer had been informed in the final order itself that the appeal authority is the Appellate Authority, he approached the Hon'ble CGRF (North) vide OP No.165/2016-17 and the Hon'ble Forum pronounced its order on 12-04-2017 holding that 'the forum has no jurisdiction to entertain the complaint as the case is against the bill issued under 126 of the Electricity Act, 2003 and also directed the petitioner to file appeal before the Appellate Authority. Aggrieved against the order of CGRF, this appeal petition was filed. The CGRF / Electricity Ombudsman has no jurisdiction to entertain complaints relating to unauthorised use of electricity as provided under Section 126 of the Act, in view of the bar under Sub Clause (vii) (I) of Clause 2 (f) of the Regulations. It is therefore held that the remedy available to the appellant is only an appeal before the Statutory Authority under Section 127 and that this appeal petition is not maintainable. The order of the CGRF is upheld. The appeal petition is rejected as not maintainable. The appellant is directed to approach the Appellate Authority. Having concluded and decided as above, it is ordered accordingly. No order as to costs.


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Created 2017-08-14 00:00:00