IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 OP.No. 8711 of 2003(K) ------------------------------ PETITIONER(S): ----------------------- NIRMALA STUDENTS HOSTEL, THODUPUZHA, RUN BY SISTERS OF ADORATION OF BLESSED SACRAMENT, NIRMALA BHAVAN, THODUPUZHA, REPRESENTED BY ITS PROVINCIAL COUNCILLOR. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, THODUPUZHA. 3. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, THODUPUZHA. ADV. SRI.C.C.THOMAS, SC, K.S.E.B FOR R1 TO 3 SRI.P.SANTHALINGAM, SC, KSEB FOR R1 TO 3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 3 THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 09/12/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.15111/2003 IN OP. NO.8711/2003 DISMISSED 09.12.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE INVOICE DT. 2.7.02 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT FOR AN AMOUNT OF RS.48,188/-. P2:- COPY OF THE MAHAZAR PREPARED ON 1.7.02 BY THE KSEB OFFICERS. P3:- COPY OF THE LETTER DT. 5.7.02. P4:- COPY OF THE JOINT INSPECTION MAHAZAR PREPARED BY THE OFFICER OF THE BOARD. P5:- COPY OF THE ORDER DT. 16.11.02 ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE BOARD ORDER DT. 15.1.03. P7:- COPY OF THE REVIEW PETITION DT. 22.11.02 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P8:- COPY OF THE ORDER DT. 16.12.02. P9:0 COPY OF THE DEMAND DT. 29.11.02. P10:- COPY OF THE PROCEEDINGS DT. 30.12.02 ALONG WITH THE CALCULATION SHEET. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 8711 of 2003-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2008. JUDGMENT The point raised by the petitioner is against Ext.P5 order passed by the second respondent disposing of the appeal filed by the petitioner against an additional bill issued in respect of the fixed charges as well as energy charges. The petitioner is a consumer of electricity with consumer No.3199 which was originally categorised under LT VI B. In March 1998, the same was changed from LT VI B to LT VII A. An inspection was conducted in the premises which resulted in issuance of Ext.P1 bill for an amount of Rs.48,188/-. Ext.P2 is the mahazar. It is based on the fact that there was an unauthorised load to the extent of 3 KW to the premises. In Ext.P1, three times for fixed charges and energy charges for a period of six months was assessed. This is upheld in Ext.P5 by the Appellate Authority. 2. Learned counsel for the petitioner relied upon a recent decision of this court in George Joseph v. K.S.E.B. and others (ILR 2008 (4) Ker.377) to contend for the position that under clause 42(d) of the Conditions of Supply of Electrical Energy, once the consumer has been charged for the energy charges including the unauthorised load, there is no justification for issuing a penal bill of three times of such charges and if at OP 8711/2003 2 all any liability is there, it can be only in respect of the fixed charges. 3. In the above decision, after analysing the legal position in detail, it was held in para 13 that “the impugned demand of two times rate of current charges for the proportionate consumption to the unauthorised load in addition to three times normal rate of fixed charges for unauthorised additional load is clearly without jurisdiction and liable to be set aside.” 4. Herein, the unauthorised connected load is 3 KW. There is no charge of any theft or misuse of the energy supplied to the premises. What is found objectionable is the non-regularisation of the unauthorised additional load. In view of the above, the matter is squarely covered by the dictum laid down in the above decision. 5. Therefore, I quash Exts.P1 and P5 to the above extent. It is declared that the petitioner is liable to be charged only for the fixed charges at three times for a period of six months. A revised bill will be issued accordingly. If any amount has been collected during the pendency of the original petition, the same shall be adjusted and if any excess amount has OP 8711/2003 3 been paid, that will be adjusted towards the future bills. The original petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 8711/2003 4 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.8711 of 2003-K - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 9th December, 2008.