Consumer Grievance Redressal Forum Kerala State Electricity
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- 1 – Consumer Grievance Redressal Forum Kerala State Electricity Board - Southern Region, Vydyuthi Bhavanam, Kottarakkara ______________________________________________________________________ No: CGRF/KTR/OP.No.224/2016/6143 Date: 21 .2.2017 . ____________________________________________________________ From Chairperson To The Assistant Executive Engineer Electrical Sub Division, Kollam. Sub: - Releasing of order of disposal of OP.No.224/2016. Ref: - B.O (FB) No.585/2006 (LA.II/1173/2006) dated 25.2.2006. Sir, Enclosed please find the order of disposal of petition filed by Sri. Mohanachandran Nair in OP.No.224/16 for further action. Yours faithfully, CHAIRPERSON DEPUTY CHIEF ENGINEER CGRF (SOUTH) Copy to:- 1. Sri. Mohanachandran Nair, ‘Prasanthy’ Cashew,Uliakovil, Kollam. 2. The Deputy Chief Engineer, Electrical Circle, Kollam Cantonment. 3 The Executive Engineer, Electrical Division, Kollam. ____________________________________________________________ Office: CGRF(S), Vydyuthi Bhavanam, Kottarakkara, Pin – 691 506 Web site: cgrf.kseb.in E- mail: [email protected] , Phone: 0474 – 2451300 - 2 – CONSUMER GRIEVANCE REDRESSAL FORUM (SOUTH), KOTTARAKKARA ----------------------------------------------------------------------------- Present: 1. Smt. Jalaja.T,Deputy Chief Engineer, Chairperson, 2. Sri. Suresh.N, Executive Engineer, Member II 3. Sri. A.R Vijayasundaran, Member III Tuesday 21 st February 2017 OP No.224/2016 Between Petitioner: Sri. Mohanachandran Nair ‘Prasanthy’ Cashew Uliakovil Kollam. And Respondent: The Assistant Executive Engineer Electrical Sub Division, Kollam. ORDER 1. Grievance of the petitioner is as follows. The petitioner in this case is an industrial consumer with Consumer No.2513 (LT IVA) with the connected load of 8 Kw within the jurisdiction of the Electrical Section, Kadappakkada. The complaint of the petitioner is that, he has applied for enhancing the load and remitted Rs.2,010/-, on 17/10/2015 as initial expense. Moreover, on 25/11/2015 the petitioner has remitted Rs.5010/- for the additional load of 63 Kw for functioning the equipment for cashew processing works. The petitioner has imported machinery items valued more than Rs.10 crore for the said factory functioning with the impression that the load enhancement will be effected within 30 days. But the respondent delayed the works of enhancement hence the petitioner was compelled to use the costly generator for functioning the machineries. Meanwhile the respondent has issued a demand notice for Rs.4,95,805/- dated on 20/4/2016. On verifying the demand notice the petitioner found that the estimated amount was excessive and filed objection, but paid the - 3 – demanded amount on 5/7/2016 by a cheque. But unexpectedly on 20/7/2016 the cheque was returned by the respondent with a false statement. Again as per the complaint of the petitioner the respondent has issued another estimate for Rs.3,55,200/- for the enhancement of the load. The petitioner stated that as a vengeance, the respondent has inspected the premises and found the unauthorized use of energy and assessed a huge amount. The petitioner was issued a penal bill of Rs.3,01,560/- alleging unauthorized additional load and unauthorized extension. The assessment is disputed. But the respondent had never taken any step for enhancing the load. So the petitioner approached this forum seeking the following reliefs. i. Additional load will be regularized as per the request of the petitioner on 25/11/2015. ii. The penal bill issued on Rs.3,01,560/- will be quashed. 2. The opposite party filed a version as follows. The petitioner remitted Rs.2000/- and Rs.5000/- on 17/10/2015 and on 25/11/2015 for regularizing the additional load. Meanwhile the respondent has issued a demand note for Rs.4,59,805/- dt.20/4/2015. The respondent admitted that certain delay was occurred to process the application of the petitioner for regularizing load. But argued that the premises had an average consumption of 3300 unit with the load of 8KW only. So the APTS inspected the premises and detected unauthorized additional load and issued the penal bill of Rs.3,01,560/- as per Section 126 of Supply Code 2003. The respondent contented that the forum has no jurisdiction to entertain this complaint since this case was against the assessment order under Section 126 of Supply Code 2005. The respondent contented that the estimate for regularizing additional load was issued to the petitioner as per Section 46 of the Electricity Act 2003. On verifying the consumption pattern of the petitioner it is seen that the petitioner was using unauthorized additional load in the premises. The petitioner was not using - 4 – generator for working of the additional load connected in the premises. The respondent also contented that the registered load of the premises is only 8KW and hence he was remitting fixed charge only Rs.100/-. As a result the licensee has incurred a huge loss in the way of fixed charge. The respondent also contented that the forum has no jurisdiction to entertain the matter of dispute in assessment under Section 126, the appellate statutory authority is the competent statutory authority referred to Section 127. 3. This case was posted for hearing on 24/9/2016. Both the petitioner and the respondent were present for hearing and heard the matter in detail . 4. The petitioner was issued a penal bill of Rs.3,01,560/- alleging unauthorized additional load under Section 126 of the Electricity Act 2003. The petitioner sought two relief in his petition. The first issue is that even though he has remitted Rs.5010/- on 25/11/2015 for enhancing the additional load of 63KW. The respondent has not taken any steps to enhance the additional load. The second issue is that the penal bill issued for Rs.3,01,156/- under Section 126 of the Electricity Act 2003 is illegal and hence it will be quashed. 5. On perusing the petition and documents in the file it is seen that, the petitioner in this case is an industrial consumer. The petitioner has been conducting a cashew factory with hundreds of workers. The load enhancement was for the proper functioning of the cashew factory, which is helpful to the workers also but due to the unwanted and deliberate delay for enhancement of the load on the part of the respondent caused heavy loss to the petitioner and the costly machinery items are kept in idle, which is also causing heavy loss. The petitioner agreed to pay the estimate amount for enhancing the load at any time, prayed to take steps for enhancement of the load. Hence the forum issued interim order on 14/10/2016 directing the respondent for enhancing the load as applied by the petitioner. Hence the first grievance of the petitioner was settled. - 5 – 6. The second grievance of the petitioner was with regard to the penal bill of Rs.3,01,560/- under Section 126 of the Electricity Act 2003. In this case, there is an unauthorized use of energy detected and the penal bill was issued as per Section 126 of Electricity Act 2003. Therefore the forum decided and concluded that as the case is against the bill issued under Section 126 of Electricity Act 2003 (revised in 2007), the forum has no jurisdiction to entertain the complaint at this stage. So the forum do not want to go into the merits or demerits of the case. Hence the forum dismiss the case due to lack of jurisdiction. Hence the case disposed according. No order as to cost. If the petitioner is not satisfied with the above order of this Forum, he is at liberty to prefer appeal before the Electricity Appellate Authority within 30 days from the date of receipt of this order. The address of the Electricity Appellate Authority is furnished below. Sri.K.K. Unni, Office of the Kerala State Electricity Appellate Authority, CC 51/54, Near 110kV Substation , Vyttila, Kochi-682019. Sd/- Sd/- Sd/- A.R VIJAYASUNDARAN SURESH.N JALAJA.T MEMBER III MEMBER II CHAIRPERSON/ EXECUTIVE ENGINEER DEPUTY CHIEF ENGINEER Forwarded CHAIRPERSON (DEPUTY CHIEF ENGINEER) CGRF (SOUTH), KOTTARAKKARA PIN – 691 506 .