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P/090/2018 Sri. Shaji Ayyappan Ernakulam
A three phase electricity connection bearing consumer number 12626 under the jurisdiction of Electrical Section Eroor has been given to the appellant under LT VII A commercial tariff with a sanctioned load of 16.7 kW for the purpose of running the office of Shwas Homes Pvt Ltd. An inspection was conducted in the premises on 29th March 2014 by the APTS wing of KSEBL and reported that there is an unauthorized addl. load of 11kW connected to the appellant’s premises and the appellant was penalized for the unauthorized additional load both for fixed charges and proportionate energy charges, amounting to Rs. 3,32,545/-. The matter was taken up before the Appellate Authority by the appellant and the Authority set aside the final order of the Assessing Officer, limited the penalty to only 13 days from 17.3.2014 to 29.3.2014 and directed KSEBL to revise the penal bill issued. Being aggrieved, the respondent challenged the order of the Appellate Authority before the Hon. High Court of Kerala vide WP (C) No. 34346/15 and the case is still pending for disposal. Meanwhile, on 07.07.2018, the appellant filed complaint No. 32/2018-19 before the Consumer Grievance Redressal Forum (CGRF) to refund the penal part for UAL in the monthly bills issued to the Appellant from May 2014 to January 2018 and to revise those monthly bills served to the appellant on the reason that the same was not based on the actual consumption. The CGRF, Central Region, Ernakulam dismissed the petition stating that the case relating to penalization of UAL is pending before the Hon'ble High Court of Kerala and has no jurisdiction to entertain the complaint, vide order No.32/2018-19 dated 13-11-2018. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Forum. Since in this case, the grievance has arisen out of the detection of unauthorized load and the penal assessment made and its continuance in monthly bills under Section 126 of the Electricity Act, 2003, it is clear that the petition itself is not maintainable before the CGRF or the Electricity Ombudsman as per the KSERC Regulations. That is any dispute or complaints pertaining to such matters are not maintainable before the CGRF and Electricity Ombudsman, as per Clause 2(1)(f)(vii)(1) of KSERC (CGRF & Electricity Ombudsman) Regulations, 2005. Hence I decide that the Appeal Petition filed before this Authority by the appellant is not maintainable. The appellant is free to file an appeal against the penal monthly assessment of the Assessing Officer, under Section 127 of Electricity Act, 2003. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellants’ stands disposed of with the said decisions. No order on costs.

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Created 2019-02-04 11:21:35

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