KERALA ELECTRICITY OMBUDSMAN
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Near Gandhi Square,
Ernakulam, Kerala-682 016
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Downloads - Orders - P/083/2016 Smt. Aysha Malappuram
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 P/083/2016 Smt. Aysha Malappuram  |
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| The appellant, Smt. Aysha, is a domestic consumer with consumer number 6736 having a connected load of 200 Watts under Electrical Section, Purangu. On 29-05-2016 an inspection was conducted in the appellant’s premises, had detected that the service wire was directly connected to the output of the meter and the actual connected load of the premises was found as 2205 Watts. Based on the inspection, a penal bill for Rs. 40,309.00 was issued to the appellant after disconnecting the supply and initiated proceedings for theft of electricity as per Section 135 of Electricity Act, 2003. So, the appellant filed a complaint before the CGRF. It is alleged that the outsiders who had personal grudge against the appellant on certain issues had committed the offence. The appellant also suspect one line staff of KSEB in this case who demanded bribe for rectifying the supply disruption in the premises. According to the respondent, the issue of penal bill is with respect to an assessment for theft of electricity as per Section 126 and 135 of the Electricity Act, 2003 and the CGRF is barred from entertaining such complaints in view of Regulation 2 (1) (f) (vii) (1) of the KSERC (CGRF and Electricity Ombudsman) Regulations, 2005. Hence the Forum held that it was improper to entertain the complaint. Aggrieved against the said order of the Forum, this appeal petition was filed. In short, the appellant herein is not entitled to file a complaint before the CGRF and this Authority against the bill raised under Section 126 of Electricity Act. If she had got strong argument against the disputed bill, she ought to have raised the same before the Appellate Authority under 127 of the Electricity Act. Such a course is the only remedy available. In the above circumstances, this Authority is of the firm view that the appeal petition is not maintainable. It is left open to the appellant to appeal before the Appellate Authority under Section 127 of the Act, 2003, if desires so within 30 days from the date of receipt of this order. No order as to costs. |
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