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P/137/2015 - Sri Sajan Varghese, Kottayam – 686 006
The appellant, Sri Sajan Varghese, the Managing Director of Mangalam Publications (I) Pvt. Ltd., Kottayam had availed HT connection with Consumer Code HT-28/22/2255 under Electrical Section, Kottayam East. An inspection was conducted in the appellant’s premises and a site mahazar was prepared alleging connected load as 510.851 kW. Based on the above findings, a penalty of Rs. 36,39,604.00 was issued to the appellant. Aggrieved by this, the appellant approached Hon’ble High Court of Kerala for redressal of grievance. The Hon’ble High Court ordered remittance of 50% of the disputed amount and stayed further proceedings still disposal of petition. Meanwhile, the appellant made an application for enhancement of contract demand to 320 kVA from 206 kVA and remitted application fee, processing fee etc. Since the existing CT/PT unit with CT ratio 15/5 was a new one, the appellant decided to replace the same with a 20/5 A after getting necessary modification by the manufacturer. So the appellant requested 25 days time for submitting the scheme approval and the same was sanctioned by the Deputy Chief Engineer, Electrical Circle, Kottayam. The time extension sanctioned was further extended for a period of two months from 19-02-2014. On 27-03-2014 the appellant submitted HT agreement for enhancing the contract demand to 320 kVA along with connected documents. The test report of CT/PT unit with CT ratio 20/5 dated 18-03-2014 was also submitted along with the application. It is alleged that the respondent has not taken any action on that application for enhancing the contract demand till 12-12-2014. Instead, issued a penal bill for Rs. 33,11,236.00 towards the 50% extra charges over the prevailing rates on both demand and energy charges for the period from 05/2014 to 12/2014 for not providing the CT/PT unit before the sanctioned period i.e. 18-04-2014. The CT/PT unit was tested at TMR Division, Pallom and the test report dated 18-03-2014 was submitted along with the HT agreement. But the CT/PT unit and the meter were not commissioned and HT agreement was also not executed for the reasons that the penalty for unauthorized load was pending. Aggrieved against the bill the appellant approached the Hon’ble CGRF, Kottarakkara and the Forum on 30-06-2015 disposed the petition on the finding that the appellant is solely responsible for the delay in reinstating the CT/PT unit. Not satisfied with the above order, the appellant submitted this appeal petition. The penal bill issued for Rs. 33,11,236.00 is found not in order and hence quashed. Appeal is allowed. Order of CGRF is set aside.

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Created 2015-11-13 00:00:00

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