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P/148/2015 M/s Desai Homes, Cochin - 682011
The appellant is a builder & promoter of the M/s Desai Homes and has applied for a power requirement of 1000 KVA to a new residential project ‘DD Misty Hills’ at Kakkanad under Electrical Section, Thrikkakkara, on 06-11-2013. The Licensee has demanded a sum of Rs. 23,30,000.00 computed @ Rs. 2,330.00/kVA as pro-rata transmission side development charges on per kVA basis from the appellant. The appellant approached the Hon'ble High court against the above demand by filing W.P. (C) 8717 of 2015. The Hon’ble High Court, vide impugned judgment dated 24-03-2015, ordered the appellant to approach the CGRF and also held that not to disconnect the supply pending final orders of the CGRF. Accordingly the appellant filed a petition before the CGRF which was disposed vide Order No. CGRF-CR/Comp/09/2015 dated 16-07-2015, ordering that the demand raised by the respondent is correct and the petitioner is bound to pay the same. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition. A similar matter came up for consideration of this Authority in Appeal Petition No P/139/2015 and after conducting elaborated hearing and decided orders in that case on 14-12-2015. Since the facts and circumstances are also resemble to that of P/139/2015, the order of appeal petition No. P/139/2015 dated 14-12-2015 will follow in this case also. The appeal is admitted and the CGRF order is modified. No order as to costs.

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Created 2015-12-18 00:00:00

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