Judgment:
JUSTICE SHRI.K.R. UDAYABHANU, PRESIDENT
The appellants are the Opposite parties/KSEB in CC 168/09 in the file of CDRF, Kottayam.
2. The bill issued by the opposite parties amounting to Rs.55461/- stands cancelled. The appellants have been directed to issue a fresh bill on similar lines as in the direction of the Electricity Regulatory Commission dated 19.1.2010 in the matter of Kerala State Small Industries Association Vs. KSEB as against the statute.
3. The dispute is with respect to the bill issued for the unauthorized connected load for the period from 6/2007 to 6/2008. The bill is dated 20.10.08. The complainant had filed CC.299/08 earlier and the Forum had directed to hear the complainant and issue fresh order. It is thereafter the present bill has been issued which is challenged.
4. The contention is that it was found that there is an unauthorized connected load of 24 KW on inspection by the APTS. A bill was issued mistakenly limiting the amount of fixed charges to 1.5 times whereas as per the statute, the opposite parties are empowered to realize 2 times the fixed charges. In the earlier bill, only the penal charges for the fixed charges as above was realized. The present bill is for the energy charges and for the omitted portion of 0.5% with respect to the fixed charges.
5. The opposite parties have justified the calculation made.
6. The evidence adduced consisted of the proof affidavits filed by the respective sides and Exts.A1 and A2, B1 to B5.
7. The Forum has directed the opposite parties/appellants to follow the order of the Electricity Regulatory Commission dated 19.1.10 in the matter of Kerala State Small Industries Association Vs. KSEB with respect to the energy charges. The assessment as per the provision should be after taking the average for the period prior to the detection of the unauthorized connected load and for the period after the detection of the unauthorized connected load and then impose penalty for that part of energy with respect to the unauthorized connected load. As per Ext.A2 bill the opposite parties have taken the energy charges for total consumption of one year and collected the amount with respect to the unauthorized load. The method suggested by the Regulatory Commission may result in only marginal difference. All the same and in view of the fact that the order of the Regulatory Commission has not been challenged by the opposite parties and the order of the Regulatory Commission has been issued while the present matter was pending we find that the order of the Regulatory Commission order is applicable the present matter also. All the same, the assessment with respect to fixed charges do not call for interference. The complainant is bound to remit Rs.15600/- the amount with respect to the fixed charges. The rest of the amount ie, amount to Rs.36861/- is to recalculated applying the method prescribed by the Regulatory Commission in the above mentioned order. The opposite parties/appellants will issue a fresh order with respect to the energy charges alone within 2 months from the date of receipt of this order. The complainant will be liable to remit the amount within the time prescribed failing which, the opposite parties will be entitled to levy surcharge.
8. In the result, the appeal is allowed in part as above.
The office will forward the LCR along with a copy of this order to the Forum below urgently.