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Downloads - Orders - P/176/2015 Sri P.J. John Edappally, Kochi-24.
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 P/176/2015 Sri P.J. John Edappally, Kochi-24.  |
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| The appellant in this petition had applied for power allocation of 109.5 kW and the respondent directed to remit and amount of Rs. 10,000.00 as cash deposit for issuing power allocation. The appellant had remitted Rs.10,000.00 on 26-10-2007. Further, the respondent prepared an estimate amounting to Rs. 1,67,447.00 for carrying out the work required for giving supply to the appellant. The appellant remitted the estimated amount of Rs. 1,67,447.00 on 14-12-2007. It is alleged that as the appellant failed to avail the supply after a lapse of 90 days from the date of receipt of notice issued by the respondent, demand for an amount of Rs. 11,97,700.00 was issued to the appellant towards the Unconnected Minimum Charges. Being aggrieved by the above demand, the appellant approached the CGRF, Ernakulam by filing petition on 02-07-2015 with a request to waive the Unconnected Minimum Charges. The CGRF disposed the petition vide Order No. CGRF-CR/Comp/42/2015-16/400 dated 29-10-2015 directing the respondent to revise the demand notice for a period 10-04-2013 to 31-03-2014. The supply shall be effected within 15 days from the date of remittance of the Unconnected Minimum Charges by the appellant. Still not satisfied with the decision, the appellant has submitted this appeal petition with a plea to set aside the decision of the CGRF to collect Unconnected Minimum Charges from the appellant for a period 10-04-2013 to 31-03-2014. The respondent failed to prove that any capacity idling or 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. 11,97,000.00 and hence quashed. The respondent is also directed to provide HT connection to the appellant within a period of 30 days and to allow the interest admissible for the amount of Rs. 1,67,447 with effect from January 2015. Appeal is found having some merit and is admitted. The CGRF order in OP No. 42/2015-16 dated 29-10-2015 is set aside. No order as to costs. |
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