| The appellant represents, Balanagar Technical Institute, Mookkannoor, Angamaly which was having two numbers of Low Tension electric connections for separate buildings with consumer No.65 under LT-IV and Consumer No. 473 under LT-VI-B with sanctioned load of 52 KW and 45 KW respectively under Electrical Section, Mookkannoor. The appellant is running an educational institution. APTS inspected the premises on 8.2.1999 and alleged that there is additional load of 28 kW in regard to consumer No.65 and alleged that there is unauthorized load of 143 kW to consumer No.473 and thereafter penalty was demanded. The matter was taken up before the Appellate Authority by the appellant and the Authority dismissed the petition. Being aggrieved, the appellant challenged the demands before the Hon. High Court of Kerala vide WP (C) No. 18844 of 2007 and the Court allowed the writ petition fixing the liability only on fixed charges as per judgment dated 22-03-2012. Since the Writ petition was decreed in favor of the appellant, the respondent filed appeal against the judgment and the Hon'ble High Court vide judgment dated 29-10-2014 in W.A No.294/2014, filed by the KSEB held that, the regulations issued by the KSEB cannot be applied retrospectively and allowed the writ appeal whereby the liability was fixed both on energy charges and fixed charges. Consequent to the demand notices issued, the appellant again approached the Hon'ble High Court challenging the demand dated 22-06-2015 and the Hon'ble High Court as per judgment dated 09-07-2015 in W.P. (C) No. 20511/2015 held that, the appellant can be saddled with liability only from 29-10-2014 to pay the interest and further directed the appellant to pay the amount in 4 equal monthly installments. The judgment dated 09-07-2015 in W.P.(C)No.20511/ 2015 was challenged before the Division Bench of the Hon'ble High Court by the KSEB as W.A.No.1330/2014 and the Division Bench allowed the writ appeal filed by the KSEB and directed to reconsider the entire matter. Again the appellant filed RP.No.55/2017 against the judgment dated 07-10-2016 in W.A. No.1330/2014 and the Division Bench allowed the review and directed to grant the benefit of the Board Order dated 17-02-2012 to settle the entire liability. Accordingly the respondent issued a demand notice to the appellant, demanding a sum of Rs. 21,13,492/-. The appellant filed an objection against this demand and considering the objection the demand was reduced to Rs. 17,12,123/- by the respondent. There upon the appellant filed a complaint before the CGRF, Ernakulam, which was disposed of, by directing the respondent to collect the arrear amount excluding the compounding interest and to allow one time settlement as ordered by the Hon. High Court, vide order No. OP73/2017-18 dated 31-03-2018. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Forum.
Since in this case, the grievance has arisen out of the detection of unauthorized load and the penal assessment made under Section 126 of the Electricity Act, 2003, it is clear that the petition itself is not maintainable before the CGRF or the Electricity Ombudsman as per the KSERC Regulations. That is any dispute or complaints pertaining to such matters are not maintainable before the CGRF and Electricity Ombudsman, as per Clause 2(1)(f)(vii)(1) of KSERC (CGRF & Electricity Ombudsman) Regulations, 2005. The Hon High Court of Kerala has also made it clear in the Catholic Reformation Literature Society Vs. KSEB [2011 (1) KHC 457] that, when there is specific provisions in the Act itself, to hear such cases, the same are excluded from the purview of CGRF and hence before the Electricity Ombudsman. Hence I decide that the Appeal Petition filed before this Authority by the appellant is not maintainable.
The appellant is free to approach the licensee for a one time settlement or to file an appeal against the final assessment of the Assessing Officer, under Section 127 of Electricity Act, 2003.
Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellants’ stands disposed of with the said decisions. No order on costs. |
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P/028/2018 - Sri. Tomy Njarakulam Ernakulam 
