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P/024/2018 -,Sri. Syriac Kurian, Ernakulam
The appellant is a consumer under Electrical Section, Keerampara. A three phase service connection with Consumer No. 11571339010598 in LT VII A tariff was issued in the name of Sri. Syriac Kurian, Maliyil, Palamattom, Thattekkad P.O., Kothamangalam, the appellant for running a resort with a sanctioned connected load of 16 kW. On 30.10.2013, Anti Power Theft Squad Wing conducted an inspection in the premises of the appellant and detected an Unauthorized Additional Load to the extent of 52 kW. A provisional short assessment bill to the tune of Rs. 2,28,124/- was issued to the appellant on 29.11.2013 as per Section 126 of Electricity Act 2003. Against the issuance of the bill the appellant approached the Hon'ble High Court of Kerala by filing W.P (C) No.31523/2013 which was dismissed directing the petitioner to pursue the appeal before Deputy Chief Engineer, Electrical Circle, Ernakulam by making deposit of 50% of the amount of penalty assessed and the Hon'ble Court also directed the Deputy Chief Engineer to consider the appeal as one filed within the stipulated time and shall proceed to dispose of the same on merits, vide judgment dated 06.01.2014. Later he filed W.A. No.705/2014 before Hon'ble High Court of Kerala. The Hon'ble Division Bench dismissed the Writ Appeal vide judgment dated 25.10.2016. Thereafter the appellant filed Petition vide complaint No.77/2017-18 before the CGRF-CR, Ernakulam and the CGRF decided to dismiss the complaint due to lack of merit, vide its order dated 17-03-2018. Aggrieved against this, the appellant has submitted the appeal petition before this Authority. From the analysis done and conclusions arrived at, I take the following decision. Since a final decision was taken by the Hon. High Court of Kerala in the subject matter and directed the appellant to prefer an appeal before the Appellate Authority by remitting 50% of the short assessment bill, under Section 127 of the Electricity Act, 2003 and this Authority lacks jurisdiction to entertain the cases under Section 126 of the Act, the petition is dismissed. The appellant can approach the Appellate Authority for the redressal of his grievances. Having concluded and decided as above, it is ordered accordingly. No order as to costs.

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Created 2018-07-11 10:25:34

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