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NITIN JAMDAR, S. MANU
Secretary, Trichur Tennis Trust, Kinattingal Tennis & Sports Academy – Appellant
Versus
Assistant Engineer, Electrical Section, Kerala State Electricity Board Limited – Respondent
JUDGMENT :
S. Manu, J.
Appellant is a Society registered under the provisions of the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955. Appellant has an electric connection with consumer No.14438 under LT-VII C commercial tariff. A surprise inspection was conducted on 9 October 2014 by Anti Power Theft Squad (APTS), Thrissur unit of the Kerala State Electricity Board in the premises of the Appellant. APTS found that the Appellant had added additional load to the tune of 50 KW without obtaining sanction from the Electricity Board. A provisional bill under Section 126 of the Electricity Act, 2003 for Rs.13,49,366/- was issued to the Appellant on 15 October 2014. A separate notice directing the Appellant to disconnect the additional load was also issued. After considering the objection submitted by the Appellant and hearing the appellant, Ext.P2 final bill was issued. The amount demanded in Ext.P2 dated 14 November 2014 is Rs.13,49,366/-.
2. Appellant challenged the final bill by approaching the Kerala State Electricity Appellate Authority. The said authority disposed the appeal by order dated 30 June 2015. Final assessment order was set aside. The Boa
The court established that the burden of proof lies on the consumer to demonstrate the actual period of unauthorized electricity use to challenge assessments under Section 126(5).
Procedures for assessing unauthorized electricity use can rely solely on record inspections without necessitating physical site reviews, as per Section 126 of the Electricity Act.
The court held that excess connected load constitutes unauthorised use of electricity, but the Appellate Authority cannot enhance demands without a challenge from the original authority and notifying....
Electricity usage must align with sanctioned load; unauthorized use attracts penalties under the Electricity Act.
The Electricity Appellate Authority acted within its jurisdiction in reassessing the duration of unauthorized load as per statutory requirements.
The Appellate Authority must consider all arguments and evidence in its decision-making process; failure to do so results in a non-speaking order and invalidates the decision.
Unauthorized use of electricity for a purpose other than authorized and in premises other than those for which the supply was authorized constitutes a violation of Section 126 of the Electricity Act ....
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