IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
OXYGEN THE DIGITAL SHOP MOBILE AND LAPTOP CIVISION – Appellant
Versus
KERALA STATE ELECTRICITY BOARD LTD. – Respondent
JUDGMENT
The petitioner, a consumer of electricity, challenges Ext.P9 order passed by the Kerala State Electricity Appellate Authority dismissing the appeal preferred against the proceedings initiated under Section 126 of the Electricity Act , 2003.
2. Consequent to an inspection of the petitioner’s premises on 27.04.2018, a provisional assessment notice was issued alleging that an unauthorised additional load (UAL) of 22kW was found to be used with respect to two floors, both of which had separate connections. The mahazar did not allege that the petitioner had illegally extracted energy from the ground to the first floor, which was a separate premise with a separate connection.
3. The petitioner had objected to it by specifically contending that the supply from the electric connection was used only for the ground floor and not for the first floor. There is no proper answer given to the said contention, either in the provisional assessment or the final assessment order.
4. In the appeal, the petitioner had taken specific grounds which read as follows;
“B. The connection under Consumer No.1146358024837 is confined to the ground floor of the building occupied by the Appellant. Whereas t
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