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P/168/2015 Sri Mohanan O, Kannur.
The appellant in this petition had applied for power allocation to the tune of 400 kVA at 11 KV to start a multi-storied shopping complex, G-Sons Wedding Centre, South Bazaar, Kannur and remitted Rs. 3,26,000.00 towards OYEC charges on 10-01-2013 as directed by the Assistant Engineer, Electrical Section, Kannur. It is stated that KSEB had completed the line work on 21-08-2013 and issued notice for availing power on 24-08-2013. But it is reported that the appellant submitted application for H.T. service connection to the Assistant Engineer, Electrical Section, Kannur on 30-6-2015. Hence the respondent demanded Unconnected Minimum Charges (UCM) amounting to Rs. 32,00,000.00 for the delay in availing the connection. Being aggrieved by the said demand, the appellant approached the CGRF, Kozhikode by filing petition on 09-07-2015 with request to waive the UCM charges. The CGRF had taken the following decisions on this. 1) The demand issued by the respondent for unconnected minimum charges is as per rule and holds good. 2) The period of unconnected minimum charges shall be revised to completed months (19 months). 3) The demand notice shall be revised accordingly. 4) The petitioner shall be allowed a maximum of six instalments upon request. Aggrieved against the order of CGRF, the appellant has submitted this appeal petition with a plea to set aside the direction to the respondent to collect unconnected minimum charges from the appellant. In view of the above discussions and findings it is concluded that the respondent failed to prove that any capacity idling on any electrical plant erected exclusively for the use of appellant consequent to the issue of power allocation. In this background, there is no justification for issuing UCM charges for an amount of Rs. 32,00,000.00 hence quashed. Appeal is found having some merits and is admitted. CGRF order in OP No. 41/2015-16 dated 17-09-2015 is set aside. No order as to costs.

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Created 2016-02-16 00:00:00

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