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P/005/2020 Sri. Joe I Mangaly Palakkad
The appellant is engaged in the manufacture of pet bottles and running a firm in the name of Mangaly Timber & Furniture Works having consumer number 5101 under industrial tariff under the jurisdiction of Electrical Section, Olavakkode. The appellant aggrieved by the action on the part of the Assistant Engineer, Electrical Section, Olavakkode who served a short assessment bill for Rs. 3,56,598/- on the appellant alleging that one CT was not working and charging 50% additional charges for the last 6 months, filed a petition before CGRF, Kozhikode. The CGRF, Kozhikode disposed of the petition by directing the respondent to take the average of three months power consumption immediately after the replacement of the CT’s for the computation of energy prior to the six months of replacement of CT and revise the current bill for the period from 7/2005 to 12/2005 accordingly, since the power consumption per KW of lighting consumption is less during the period prior to the changing of CTs and more after replacement of CTs, vide order NO.CGRF/DCE/ COMP/DOP(R)/1/2006-07/235 Dated 5-3-2007. Aggrieved by the order passed by the CGRF the appellant had filed appeal petition before this Authority. The appeal was disposed of by limiting the short assessment for the months of October and November, 2005 alone and with regard to the question of refund of the excess charges collected from the appellant, the refund was limited for a period of two years, vide order No.P8/2007 dated 01-06-2007. The appellant challenged the order by filing WP(C) 5466/2012 and the KSEB challenged the said order by filing WP(C) 26868/2009. The Hon’ble High Court, in its judgment dated 9-10-2018, remanded the matter to this Authority for fresh disposal of the case after affording fresh opportunity of personal hearing to the parties concerned. Accordingly the respondent has produced a copy of the judgment on 24—01-2020. As directed by the Hon. High Court of Kerala, the subject case is re-examined and found that no revision in the order in Appeal Petition No. P/008/2007 is required in the matter of short assessment limited for the months of October and November 2005 considering the facts analyzed as above. Regarding double metering in the case of light meter, the respondent shall refund the excess energy charge collected from the appellant with effect from 09-02-1998, the date on which the light meter was replaced, till the date of rectification of the defective connection of the light meter as per regulation 24 (2) and (6) of the Kerala Electricity Supply Code, 2005. The decision taken in Appeal Petition No. P 8/2007 dated 01-06-2007 is modified to this extent. Having concluded and decided as above it is ordered accordingly.

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