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P/163/2015 Smt. Padmini Balan Kozhikode.
The registered owner of the service connection bearing consumer no. 12035 provided in shop No. PP XII/943 under Electrical Section, Perambra is Sri. Chekkotti V., Veluthedath Veedu, Payyoli Angadi. The appellant is the occupier of the shop and is running a tailoring unit in the premises. The connected load in the premises is 340 watts and tariff allotted is LT VII A. On detection of unauthorized additional load of 2000 Watts during the inspection conducted by the Section Squad in the premises of appellant, she was served with a provisional assessment bill amounting to Rs. 4,082.00 and later a final bill for Rs. 2,041.00. Due to non regularisation of the additional load, the respondent levied penal charges in every bill issued thereafter. Against this, the appellant filed a petition before CGRF, Kozhikode seeking relief to refund the penal charges levied and to transfer the connection in the name of the appellant. The Forum disposed of the petition by directing the respondent to regularize the load existing in the premises of the appellant upon request from the latter, vide order No. OP No.39/2015-16 dated 17-09-2015. Not satisfied with the above order, the appellant has approached this Authority with this appeal petition seeking relief for refund of penal charges levied and to assign appropriate tariff and to change the ownership in the appellant’s name. The mahazar which is the crucial document is not seen produced by the respondent in this case and not even followed the general provision relating to inspection under Regulation 173 and issue of notice to the consumer under Regulation 174 of Supply Code, 2014. So the assessment is not sustainable before law and set aside. The respondent is directed to refund the entire amount charged from the appellant by way of unauthorized use of additional load. This should be done at any rate within 30 days from the date of receipt of this order. Appeal is found having some merits and is admitted. CGRF order in OP No. 39/2015-16 is set aside. No order as to costs.

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Created 2016-02-08 00:00:00

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