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P/053/2017 Sri. Jose Joseph Kottayam
The appellant is a High Tension consumer under Electrical Section, Kidangoor vide Consumer No. HT/15/1954, with a contract demand of 140 kVA. The appellant is the Managing Partner of M/s Universal Rubbers which is a partnership firm engaged in the manufacture and sale of tread rubber. The appellant had submitted a complaint dated 20-10-2004 to the respondent on certain defects in the metering of electrical energy for the month of September 2004 as there was a huge increase in the recorded maximum demand without any additional load used in the premises. As directed by the official of TMR unit Pallom the CT/PT unit was repaired and the CT/PT unit and a new ToD meter were produced before the TMR Division for testing on 24-08-2005. The respondent rejected the CT/PT unit on the ground that the ratio of CT/PT was not matching with the contract demand and the appellant was asked to replace the same with a new one. An amount of Rs. 26,077/- (50% of the electricity bill of August 2005) towards penalty for faulty CT/PT was issued to the appellant. Again the appellant was issued another arrear bill amounting to Rs. 82,859/- with interest 24% per annum towards the penalty for faulty CT/PT and ToD meter for the months of 09/2005, 10/2005 and 11/2005. Aggrieving by this demands, the appellant approached the Hon’ble High Court of Kerala in W.P. (C) No. 8867 of 2006 which was disposed of with a direction to make an appropriate application before the CGRF having Jurisdiction over the area in question and to re-connect the electricity supply of the petitioner’s premises on condition of payment of Rs. 40,000/- within a period of one month, vide judgment dated 17th August 2016. Accordingly, the appellant filed a petition before the CGRF, Kottarakkara, requesting to quash the letter dated 24-08-2005 of the respondent directing to replace the CT/PT and to return the amount with interest to the petitioner which was illegally collected in the name of penalty and interest for the delay in installing CT/PT unit, with Petition No. OP 260/2016 and the Forum dismissed the petition due to lack of merit vide its order dated 30-03-2017. Aggrieved by the decision, the appellant has submitted the appeal petition before this Forum. The appellant was allowed one month time for replacement of the faulty items, vide letter dated 24-07-2005 by the Deputy Chief Engineer i.e., time allowed till 24-08-2005 and the appellant produced the repaired items within the time specified which was rejected on some technical grounds. The appellant purchased the new CT/PT on 19-10-2005 and produced for inspection as directed by the Dy. Chief Engineer, Electrical Circle, Pala, but the commissioning of the same delayed up to 21-11-2005 not because of the fault of the appellant. In view of the above discussions, the issuance of bills for Rs. 26,077/- and Rs. 82,859/-is hereby quashed. Penalty of 50% extra charged is limited from 25-08-2005 to 19-10-2005 and the respondent shall issue revised bills accordingly. Excess amount if any, collected shall be refunded with bank interest applicable. The revised orders shall be issued within a period of 15 days from the date of receipt of this order. The order of CGRF in OP No. 260/2016 dated 30-03-2017 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.

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Created 2017-09-13 00:00:00

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