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REVIEW PETITION No. RP/04/2018 in APPEAL No. P/096/2017 Sri. Muhammed Haji Kozhikode
The gist of the appeal petition preferred by the appellant/review appellant before this Authority is as follows: The appellant is running a hotel M/s Hotel Whitelines, having HT connection with consumer code 16/1631 under Electrical Section, Central, Kozhikode. Since the appellant failed to comply the Board orders to install ToD meter in the premises, he was charged 50% extra over the rates notified for demand and energy and accordingly a penal bill was issued to him amounting to Rs.7,04,980/‐, for the period 1/2001 to 9/2005. Aggrieved by this bill, the consumer filed a Writ petition before the Hon High Court of Kerala, in WP ( C) 28197/2005 and the Hon'ble High Court of Kerala quashed the demand and ordered that consumer is entitled to get refund of the same and to be adjusted against the future bills of the petitioner, vide its judgment dated 13th April 2012. KSE Board Ltd filed Writ Appeal No.115/2015 against impugned judgment and on 07-10-2016, the Hon'ble High Court of Kerala vide its judgment dismissed the Writ Appeal. The appellant again approached the CGRF, Kozhikode, praying that he was entitled to get interest at the rate of two times the bank rate and also raised HT cable fault. The CGRF has ordered as follows: (1). The respondent can .realize the FC of the HT premises under LT tariff during the HT failure period from 2-7-2013 to 21-11-2013. (2). The demand billed for the previous 5 months prior to the failure of HT supply i.e. 1,2,3,4,5 & 6/2013, shall be taken for the billing during the failure period. 1. The request of the petitioner for the interest on their excess amount for the period from 10/05 to 09/06 is allowed. 2. The respondent shall pay the interest at prevailing bank rate for Rs.4,57,921/- from 09/06 to 02/14 ie, the month on which the adjustment started and thereafter for the balance amount after adjusting each regular bill till the adjustment is over. Still aggrieved by the decision of CGRF in order OP No. 182/2016-17 dated 07/07/2017, the appellant has submitted the Appeal petition and the same was disposed of by upholding the orders issued by the CGRF, vide order dated 26-12-2017. It was decided that the appellant is eligible to get interest @ 12.50 % (twice the bank rate) for the complete excess amount paid, by way of adjustment in the three subsequent bills and if the adjustment is not possible in the next three bills, the licensee shall refund the balance amount in full by cheque and also directed the respondent to prepare an interest calculation statement accordingly and adjust the interest amount so arrived at, in the next bill or subsequent bills of the consumer. Still aggrieved by the decision, the review appellant has submitted this review petition with a plea to review the orders and to allow the reliefs sought for. In view of the above discussions, I hold that review petition is not maintainable as there is no cause or sufficient reason established by the review appellant, for the review of the order already issued. Hence the review petition is dismissed and disposed of accordingly.

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Created 2018-07-11 10:28:36

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