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Review Petition No. P/001/2017 The Assistant Executive Engineer, Ayoor, Kollam
The review petitioner, the Assistant Executive Engineer, KSE Board Ltd, Electrical Sub Division, Ayoor has filed this review petition against the orders issued by this Authority in appeal petition No. P/001/2017 dated 25-05-2017. The brief facts of the appeal petition filed by the appellant/review respondent are as follows. The appellant is running a hotel in the name and style M/s Mangalath Hotels and Resorts, Chadayamangalam having consumer number 5762 under the jurisdiction of Electrical Section, Chadayamangalam with a connected load of 3830 Watts. On 20-12-2011, the appellant had submitted an application for a load of 68 kW, after remitting the required application fee and Rs. 3,64,314/- being the estimate charges for installing one 100 kVA transformer after constructing 100 meters of 11 kV line and after complying with all necessary formalities. On completion of the work on 06-11-2012, the respondent conducted a physical verification in the premises which revealed the actual connected load in the premises was 141 kW instead of 74.853 kW as per completion report submitted by the appellant. Hence he was directed to avail HT connection after observing all formalities or to physically dismantle the load beyond LT limit. The appellant was directed to remit Rs. 16,320/- and Rs. 40,800/- being the Unconnected Minimum Charges (UCM) vide letters dated 24-05-2013 and 10-10-2013, as he was not regularized the additional load or not availed HT connection as directed. The appellant filed a writ petition No. 31413/3013 before the Hon’ble High Court of Kerala challenging the demand and recovery and requesting to provide electric connection under LT category. The Hon’ble court issued an interim stay on the UCM demand. Later the appellant had submitted an application dated 20-01-2014 stating the connected load was reduced to below 80 kW and for effecting the supply under LT category. Since the respondent did not effect connection, the appellant again approached the Hon’ble High Court. The Court issued interim orders in the writ petition directing the Board to conduct an inspection in the premises and to apprise the facts regarding air conditioners as well as cable connection stated by the appellant. An inspection report is prepared based on the statement, site mahazar and the observations and an order was issued by the Assistant Executive Engineer, Electrical Sub Division, Ayoor rejecting the request of the consumer. On 30-01-2016, Kottarakkara Electrical Division Squad inspected the premises of the Consumer No. 5762 and an unauthorised additional load of 75378 Watts was detected and a provisional assessment for Rs. 7,72,007/- for the entire period i.e. from 12/2013 to 12/2015 was prepared and issued to the appellant. The appellant had filed an objection dated 10-02-2016 against the provisional assessment before the Assessing Officer. Considering the facts raised by the consumer, the Assessing Officer reassessed the Provisional Bill and reduced to Rs. 2,37,120/- (Rupees Two Lakhs Thirty Seven Thousand one hundred and Twenty) and final bill issued on 29-02-2016. Aggrieved by this the consumer filed another writ petition before the Honourable High Court vide WP(C) No 10261/2016 and the Honourable High Court in its Judgement dated 30-03-2016 ordered that "recovery steps for recovery of amounts confirmed against the petitioner shall be kept in abeyance for a period of two weeks, so as to enable the petitioner to move the Consumer Redressal Forum for appropriate relief." Accordingly the appellant approached the CGRF (South) vide OP No. 124/2016.The CGRF dismissed the petition as it is found no merit in the contentions of the appellant; vide order dated 05-12-2016. Aggrieved by the order passed by the CGRF, the appellant has filed appeal petition before this Authority. The appeal petition was disposed of having allowed the plea of the appellant to the extent as it was ordered. Now the review petitioner has submitted that a factual error occurred in the order No. P/001/2017 dated 25-05-2017 issued by this Authority and therefore requested to review the order and to dismiss the said appeal petition. In page 13, the 1st paragraph under the sub head, ‘Analysis and findings’, of the order No: P/001/2017 Dated 25.05.2017, issued by the undersigned, stands corrected and read as “Hence this Authority is of the view that the fixed charges for 80 kW has to be realized from the appellant only from 30-01-2016 to 05-09-2016, if not collected. The 2nd paragraph under the sub head ‘Decision’, in page 13 of the order, stands corrected and read as “The fixed charges must be realized from the appellant from 30-01-2016 to 05-09-2016 for 80 kW, if not collected earlier”. There is no other change in the said order dated 25-05-2017. Having concluded and decided as above, it is ordered accordingly. The Review Petition filed by the appellant is allowed to the extent ordered.


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Created 2017-10-27 00:00:00