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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 :
S.MANU, J.
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.
2. According to the KSEB penal portion of fixed charges from June 2008 to March 2011 and energy charges from June 2007 to April 2011 were not included in the monthly demands by mistake. It was noticed in the audit of accounts. Thereaft
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....
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.
Electricity usage must align with sanctioned load; unauthorized use attracts penalties under the Electricity Act.
Inspection under Section 126 Electricity Act vitiated if site mahazar prepared by Sub-Engineer instead of designated Assistant Engineer Assessing Officer.
Provisional assessment under Electricity Act Section 126 invalid without inspection of consumer premises or records maintained by consumer; licensee’s internal MRI/consumer records insufficient basis....
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