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P/023/2019 - Sri. Sathynesan G., Kollam
The appellant is a consumer under Electrical Section, Chadayamangalam having consumer number 11176. There was another electric connection in the premises with consumer number 11177 which was registered and owned by the appellant’s father in law, Sri. Sivadasan. The connection no.11177 was being used to pump water from the well. On 15-01-2018, the Assistant Engineer, Electrical Section, Chadayamangalam inspected the premises of the consumer number 11177 and detected that he had been using the energy bypassing the energy meter. Since it was found that the appellant was indulged in theft of electricity through a tampered meter and hence he was penalized under Section 135 and 152 of Electricity Act 2003. The appellant has filed a petition before Consumer Grievance Redressal Forum Vydhyuthi Bhavanam, Kottarakkara as O.P. No. 139/2018 which was dismissed due to lack of jurisdiction vide order dated 02-02-2019. 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 theft and the penal assessment made and compounding of the offences under Section 135 and 152 of 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. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant stands disposed of with the said decisions. No order on costs.

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Created 2019-05-02 09:36:01

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