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P/088/2018 Smt. Vijayaleksmi Amma Kollam
The appellant is a consumer of electricity bearing Consumer No. 25124 of Electrical Section, Kottarakkara West, in LT IV A tariff. A Surprise inspection was conducted jointly by the officials of APTS, Kollam and Section officials on 17.06.2011 in the premises of the consumer and detected unauthorized connected load (UAL) to the tune of 96713 watts in addition to the registered load of 14742 watts and the appellant was issued a provisional assessment bill for Rs. 2,56,925/- on 22-06-2011. Later on 22-07-2011, final assessment order was issued revising the assessment to Rs. 2,14,209/-.The matter was taken up before the then Appellate Authority, the Deputy Chief Engineer, Electrical Circle, Kottarakkara by the appellant and the assessment was upheld by the Authority. Being aggrieved, the respondent challenged the order of the Appellate Authority before the Hon. High Court of Kerala vide WP (C) No. 5001 of 2012 and the Hon. High Court of Kerala set aside the assessment orders and remanded the case to the Assessing Officer for proceeding afresh. Pursuant to the orders in the writ petition, the Assessing Officer had disposed the case, revising the assessment to Rs.2,14,016/- for the period from 11/2010 to 06/2011. Aggrieved by this, the appellant filed appeal before the Appellate Authority and the Authority set aside the final order of the Assessing Officer and directed the respondent to issue revised assessment in LT IV A tariff on account of 88454 watts UAL, vide order No.55/2016 dated 15-06-2016. Accordingly the demand was revised to Rs.1,21,576/- and the appellant remitted the entire amount, after making adjustments of the earlier remittances. Meanwhile, on 12.04.2018, the appellant was directed to remit an amount for Rs.1,19,060/- as penal bill for unauthorized use of energy from 07/2011 to 04/2012 for the date of inspection to the date of regularization. Aggrieved against this demand, the appellant filed complaint No.90/2018 before the Consumer Grievance Redressal Forum. The CGRF, Kottrakkara, dismissed the petition vide order No.90/2018 dated 05-11-2018. 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 short assessment bill made 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 subsequent penal assessment bill, 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 11:23:07

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