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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P.
Kerala State Electricity Board Ltd., Represented By Its Secretary (Administration) – Appellant
Versus
Kerala, State Electricity Appellate Authority – Respondent
| Table of Content |
|---|
| 1. kseb challenges orders of appellate authority. (Para 1 , 2 , 3) |
| 2. dispute over assessment methods under section 126. (Para 4 , 5) |
| 3. details of various writ petitions. (Para 6) |
| 4. consumers support appellate authority's assessment. (Para 7 , 8) |
| 5. arguments presented by both sides. (Para 9 , 10 , 11 , 12) |
| 6. court reflects on judicial roles and party presentations. (Para 14 , 15 , 16) |
| 7. orders passed, appellate authority directed for rehearing. (Para 17) |
JUDGMENT :
MOHAMMED NIAS C.P., J.
In all these cases, KSEB challenges the orders passed by the Kerala State Electricity Appellate Authority in appeals preferred by consumers against the orders passed by them under Section 126 of the Electricity Act, 2003 . The Appellate Authority, by the impugned orders, after finding that an unauthorised load was connected, devised a method for computing the amounts payable, which the Board challenges in all these cases.
2. In W.P(C) No.40116/2023, the Kerala State Electricity Board challenges the Ext.P7 order passed by the Kerala State Electricity Appellate Authority dated 10.08.2023 in Appeal No.10/2023. This writ petition is treated as the leading case.
3. The brief facts in W.P(C) No
The court asserted that the Electricity Appellate Authority exceeded its jurisdiction in contravening statutory mandates under Section 126 while asserting a new method for assessing unauthorized elec....
Court upheld the appellate authority's restriction of liability for unauthorized electricity usage to 12 months due to lack of evidence for a longer period as per 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....
The Electricity Appellate Authority acted within its jurisdiction in reassessing the duration of unauthorized load as per statutory requirements.
The appellate authority's flawed assessment was set aside due to lack of justification and reliance on a reversed judgment.
Proper burden of proof concerning unauthorized load assessment lies with the utility provider, not the consumer.
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).
Authority's decision repealed due to misapplication of prior judgments regarding assessment revisions for unauthorized electricity consumption.
The court emphasized that the Kerala State Electricity Board must reassess orders under Section 126 following Supreme Court directives, ensuring due process.
Electricity usage must align with sanctioned load; unauthorized use attracts penalties under the Electricity Act.
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