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P/018/2019 - Sri. Subash T.J., Ernakulam
The appellant is a consumer under Electrical Section, Palarivattom having consumer number 25603 under industrial tariff LT IV B with connected load of 19420 watts. A penal bill for Rs. 2,03,780/- was issued to the appellant after an inspection conducted by the APTS, KSEBL on 11-05-2018. It is found in the inspection that the service connection availed for industrial purpose was misused for commercial purposes. The appellant filed a complaint before the CGRF, Ernakulam against the assessment made under Section 126 of Electricity Act 2003. According to the respondent, the matter of the complaint is an assessment under Section 126 of the Act and the CGRF is barred from entertaining such complaints in view of regulation 2 (1) (f) (vii) (1) of the KSERC (CGRF and Electricity Ombudsman) Regulations, 2005. Accordingly the Forum held that it was improper to entertain the complaint and directed the appellant to approach the Appellate Authority, vide order No.44/2018-19 dated 21-02-2019. But without complying the said order of CGRF, this appeal petition was filed before this Authority. From the analysis done and the findings and conclusion arrived at, which are the above, I take the following decision. The appeal petition is rejected as not maintainable. But I am remanding the case to the Assessing Officer, who has to review the case. Having concluded and decided as above, it is ordered accordingly. The appeal petition filed by the appellant is disposed of as it is remanded to the Assessing Officer for hearing as directed. No order on costs.

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Created 2019-06-03 09:12:03

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