ASSISTANT ENGINEER Vs. M/S.POOJA MILK FOODS PRIVATE LTD.

JUDGEMENT

(1.) Assistant Engineer of Kerala State Electricity Board (KSEB) has filed this writ petition challenging an order passed in favour of the respondent by the Consumer Grievance Redressal Forum of the Board.

(2.) The respondent is a LT consumer bearing consumer No.14360 under Electrical Sec. , Palarivattom. Anti-Power Theft Squad (APTS) conducted an inspection in the premises of the respondent on 25/9/2008. It was detected that the industrial unit was using more than 20% of the total connected load. A short assessment bill for Rs.10,09,331.00 was served on the respondent on 27/9/2008. Tariff was changed to LT-VIIA and fixed charges and consumption charges from 1/12/2007 was also included. The respondent company approached this Court in W.P.(C)No.29352/2008 aggrieved by the short assessment. This Court disposed of the writ petition on 7/10/2008 directing the respondent to approach the Consumer Grievance Redressal Forum (CGRF). Respondent was directed to pay a sum of Rs.2,00,000.00 and impugned bill was directed to be kept in abeyance till the CGRF took a decision. Respondent complied with the direction to pay the amount. CGRF by order dtd. 6/1/2009 upheld the assessment made by the Board. The respondent filed appeal before the State Electricity Ombudsman. While the appeal was pending respondent informed that connected load was reduced. The Ombudsman disposed of the appeal by changing the Tariff from LT-VIIA to LT-IV. Respondent approached this Court again, aggrieved by the order of the Ombudsman. This Court by judgment dtd. 2/2/2015 in W.P. (C)No.27130/2009 directed the CGRF to reconsider the complaint of the respondent in the light of the judgment in Kerala State Electricity Board and Others v. M/s.KSE Limited, Dairy Division and another [2012 (1) KLJ 584:2012 SCC OnLine Ker 31551 ].

(3.) CGRF thereafter passed its order on 12/5/2015. The Forum cancelled the short assessment bill dtd. 27/9/2008. The Board was directed to re-assess the subsequent bills in commercial tariff in LT-IV. Excess amounts collected and the additional amounts remitted by the respondent including Rs.2,00,000.00 paid as directed by this Court were directed to be refunded with interest at bank rate. The said order is under challenge in the instant writ petition.