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Downloads - Orders - P/040/2018 Sri. Ramachandran M. Kozhikode
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 P/040/2018 Sri. Ramachandran M. Kozhikode  |
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| The appellant, a former employee of the Kerala State Wood Industries, Nilambur was then staying in the company’s quarter with consumer number 2996 and he was remitting the electricity charges as the occupier. The appellant was occupying the quarter from 1985 and he was included in the non-paying group till 01/97. The connection was changed to payment category from 02/1997 onwards since the connected load of the appellant had exceeded 500 watts. The company was under lock-out during the period from June 1993 to June 2002 and there was no consumption of electricity at that time since no one residing in the quarter. The service connection was disconnected on 17-09-2003 as the appellant defaulted payment of electricity charges from 02/1997. The appellant paid an amount of Rs.4875/- on 31-03-2005 being the arrears of the current charge and surcharge for the period from 02/1997 to 02/2005. Against this, the appellant approached various authorities and at last filed a petition before the Electricity Ombudsman. The Ombudsman, as per order dated 05-06-2007, directed the respondent to refund the entire amount collected from the appellant after deducting the charges due for the period from 02/97 to 08/97 only. Due to the non compliance of the orders of the Ombudsman, the appellant approached the KSERC on 19-03-2010 and as per the direction of the Commission; the respondent refunded Rs. 4509/- by cheque dated 08/12/2010. Still not satisfied with amount received and with a request to award compensation, the appellant filed another petition before the CGRF, Kozhikode vide OP No.170/2017-18 on 23-12-2017. The decisions of the CGRF in the order dated 20-03-2018 is as follows: “1) The request of the petitioner to refund Rs.276/ is disallowed. 2) The respondent shall grant interest at prevailing bank rate for Rs.4509/- from 01-04-2005 to 07-12-2010 to the petitioner within 30 days of receipt of the order. 3) The petitioner can approach the licensee for compensation for the losses in conducting this case for the past 16 years.†The appellant again approached CGRF with a review petition which was dismissed in Review Petition No. 01/2018-19 in OP No.170/2017- 18 on 22-05-2018. Aggrieved by these orders, the appellant has filed the Appeal Petition before this Authority. From the foregoing discussions done above and the findings and conclusions arrived at, this Authority has arrived to the following decisions; 1) The respondent shall fix the tariff minimum Rs 18/- per month for 6 months after disconnection on 02/1997. The surcharge shall be limited to 6 months for this period only. So the respondent shall limit the arrears as Rs.116/- only including surcharges for the 6 months. 2) The respondent shall refund balance amount of Rs.259/- along with interest @12% per annum for the period from 31-3-2005 to till the date of payment. 3) The appellant was paid an amount of Rs. 1603/- on 15-05-2018 towards interest for Rs. 4509/- for the period from 1-4-2005 to 7-12-2010. Since the appellant is eligible for 12% interest for the overcharged amount as per rules, the respondent shall pay the balance amount of interest for the above period for Rs.4509/-. 4) It is left open to the appellant to approach the authorities of licensee for compensation, if desires so. In the above circumstances the appeal is disposed of as above. The respondent shall issue cheque to the appellant within thirty days time on receipt of this order. The order of CGRF in OP No. 170/2017-18 dated 20-03-2018 is modified to this extent. Having concluded and decided as above, it is ordered accordingly. No order as to costs. |
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