Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
Assistant Engineer, Kerala State Electricity Board Ltd. – Appellant
Versus
C.R.ABDUL RAHMAN – Respondent
| Table of Content |
|---|
| 1. factual basis for electricity dispute (Para 1 , 2 , 3) |
| 2. arguments regarding unauthorized electricity use (Para 4 , 5 , 6) |
| 3. court analysis of procedural compliance under section 126 (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
First respondent is running a hospital. Electricity supply under LT-VIB Tariff in three phases with sanctioned load 74kW was availed by the 1st respondent. In an inspection conducted by Vigilance Special Squad led by Anti Power Theft Squad, Palakkad unit in the premises of the 1st respondent on 27.3.2003, additional load of 46kW over and above registered load of 74kW was detected. Penalty was imposed and the same was remitted by the 1st respondent. Though it was directed to regularise the unauthorised additional load, same was not done by the 1st respondent for a long time. The supply was not disconnected, however, charges for additional load continued to be demanded and paid by the 1st respondent.
3. First respondent submitted a representation on 17.7.2014 to the Assistant Engineer requesting to drop the demand. Thereafter, Ext.P6 order was issued by the Assistant Engineer directing to remit the amount as per the final bill. A detailed sp
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 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).
Once an assessed amount is paid under Section 126 of the Electricity Act, 2003, no further liability can be imposed, especially if the regulatory procedures were not followed.
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 assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
