CONSUMER GRIEVANCE REDRESSAL FORUM NORTHERN REGION, KOZHIKODE. (Formed under section 42(5) of Electricity Act 2003.) Vydyuthibhavan, Gandhi Road, Kozhikode -673011 Telephone Number -0495 2367820 [email protected] PRESENT BEENA GOPINATH. S : CHAIRPERSON R. LEKHA RANI : MEMBER II OP NO.47/2019-20 PETITIONER :- 1. Smt. P. M. Yesodha, River View Homes, Mankavu – P.O., Kozhikode District – 673 007. RESPONDENTS :- 1. Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Mankavu, Kozhikode District. 2. Assistant Engineer, Electrical Section, KSEB Ltd., Mankavu, Kozhikode District. ORDER Case of the Petitioner:- The electricity connection bearing consumer number 23245 under the jurisdiction of the Electrical Section Mankavu has been given to the consumer under LT VII A tariff with a sanctioned load of 4740 watts for the purpose of building construction. Anti Power Theft Squad (APTS), Kalpetta unit of KSEB Ltd along with the officials of Electrical Section Mankavu conducted surprise inspection in this premises on 19-03-2014 and Pursuant to the inspection, a provisional assessment of Rs.2,82,621/- was issued to the consumer on 25-03-2014 under section 126 alleging that the consumer had connected unauthorized additional load (UAL) of 33730 watts over the sanctioned load of 4740 watts. The assessment was subsequently revised to Rs. 1,97,344/- on 05/05/2014 and the consumer remitted the revised amount in installments. After one year, another assessment of Rs.2,85,253/- was issued to the consumer on 25-03-2015 towards the continuation of the penalization based on the previous inspection dated 19-03-2014 and the consumer again remitted the amount in installments. The consumer then filed appeal before Appeal Authority and in the judgment Appellate Authority cancelled the assessment for Rs. 1,97,344/- and Rs.2,85,283/- and directed to revise that as per orders. But licensee had not complied the direction and petitioner approached CGRF with plea to get directions to implement the same through the respondent. 2 Version by the respondent;- The Respondent decided to file a writ petition against the order of Appellate authority before the Hon’ble High Court of Kerala. Accordingly, a writ petition was filed vide WP(C) No. 21256/2019(F) and the court was pleased to stay the operation of the order of Appellate authority on appeal No.128/2017.Since the case is under the consideration of Hon’ble High Court of Kerala, any revision of assessment bills already issued to the consumer can be done only in accordance with final order of the Court. In the light of the above, it is requested to the Hon’ble Forum that the petition may be dismissed. Discussion, analysis and findings:- Hearing of the case was convened on 22/08/2019. In the hearing the petitioner was absent and the respondent present. Having considered all the documents submitted and the deliberations during the hearing, the forum has come to the following conclusions leading to the decision;- Smt. P.M. Yesodha, Anand Nivas, Proprietor, River View Homes, Mankavu filed a petition before the Forum stating that electrical section Mankavu is not complying the direction of Kerala Electricity Appellate Authority in Appeal is 138/2017. The respondent states that a writ petition was filed by KSEB Ltd., vide WP(C) No.21256/2019(F) in the Hon’ble High Court of Kerala and the “court was pleased to stay the order of Appellate Authority on appeal 3 128/2017”. Since a writ petition filed by the respondent is pending before Hon’ble High Court of Kerala, it restricts the maintainability of the petition filed for the same cause of action and relief, the petition filed by Smt. P. M. Yesodha need no further action at the Forum and stand rejected. DECISION:- Petition is dismissed. th Dated this the day of 05 September, 2019. Sd/- Sd/- R .Lekharani. Beena Gopinath.S Member II Chairperson. Endt.on CGRF-NR / OP- 47/2019-20/ 342 05/ 09/ 2019 Forwarded to: 1) Sri. P. M. Yesodha, River View Homes, Mankavu – P.O., Kozhikode – 673 007 2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Mankavu, Kozhikode District. Copy submitted to: - Chief Engineer (Distribution – North), Kozhikode. Copy to: 1. The Secretary, KSEB Ltd., Vydyuthibhavanam, Thiruvananthapuram. 2. Deputy Chief Engineer, Electrical Circle, Kozhikode. 3. The Executive Engineer, Electrical Division, Feroke, KSEB Ltd, Kozhikode District 4. The Assistant Engineer, Forwarded Electrical Section, Mankavu KSEB Ltd, Kozhikode District. Sd/- Chairperson. 4 .