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P/013/2019 - Sri. Raju T K., Ernakulam
The appellant is a consumer under Electrical Section, Palarivattom. There are three connections with Con No 35451, 34167 and 35450 in the premises owned by the appellant for TKR Metro Residency, Devankulangara, Edappally, Kochi 24. The APTS Ernakulam wing inspected the premises of the appellant on 28-05-2018 and detected unauthorized load of 4558 watts connected to consumer number 35451. A site Makassar was prepared and accordingly a provisional bill dated 01/06/2018 for Rs. 62500/- issued under Section 126 of Electricity Act 2003. Considering the objection raised by the appellant, the respondent finalized the penal bill to Rs. 4800/- and the appellant remitted the amount on 08-08-2018. The appellant was received electricity bills for the connections bearing consumer numbers 35451, 35450 and 34167 for the amounts Rs. 258498/-, Rs.39842/- and Rs.16932/- respectively. Against the issuance of the bills the appellant approached the Hon'ble High Court of Kerala by filing W.P. (C) No.19827/2018 which was dismissed directing the petitioner to pursue the complaint before the CGRF by making deposit of 50% of the amount of energy bills. According to the direction by the Hon High Court against W. P. C No 19827/2018, the 50% of the disputed bill of Rs 2,58,498 has been remitted by the consumer on 30th June 2018. The meter provided for Con No 35451 was checked and found that a magnetic tamper was recorded. The appellant filed a petition before the CGRF and the CGRF passed an order dated 31.12.2018 stating that the Forum lacks jurisdiction to entertain the complaint against the proceedings under Section 126 of the Electricity Act 2003 in consumer number 35451. Further the Forum made clear that the petitioner/ appellant would be at liberty to file appeal before the Appellate Authority. Thereafter, appellant preferred appeal before the Appellate Authority U/Sec. 127 of the Electricity Act, 2003 relating to consumer No. 35451 for Rs. 2,58,498/-. Aggrieved against the other bill amounts, the appellant has submitted the appeal petition before this Authority. Considering facts of the case, this Authority decide that the order of the CGRF stands upheld. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is not allowed and stands disposed of as such. No order as to costs.

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Created 2019-05-02 08:58:38

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