R.V.MUHAM, Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PURSUANT to an inspection conducted in the premises of the petitioner on 12.01.2004, electric supply was disconnected on the allegation of theft of electricity. The petitioner had approached the Consumer Dispute Redressal Forum challenging the disconnection. Meanwhile Exhibit P5 Notice and Bill was issued assessing penalty under Section 126 of the Electricity Act, 2003. The penal assessment was also subjected to challenge before the Consumer Forum. The District Forum had issued an interim order directing reconnection of supply, which was challenged by the Board before State Commission. A conditional order was issued for reconnection of supply and it is submitted that the supply was reconnected on payment of a sum of Rs.1,00,000/-. Ultimately the Consumer Forum had dismissed the petition as per Exhibit P10, holding that the Forum has no jurisdiction and also holding that there is no ground exists to interfere with the penal assessment. Consequent to dismissal of the complaint, steps has now been initiated on the basis of Exhibit P11 notice and revised bill to realise the balance amount due. It is under such circumstances this writ petition is filed challenging the penal assessment and the consequential demand.

(2.) CONTENTION of the petitioner is that, procedure contemplated under Section 126 has not been complied in the matter of imposition of penalty, because no provisional assessment was made and the petitioner was not afforded with any opportunity to object such provisional assessment.

(3.) I am of the opinion that under the above context the matter can be disposed of directing finalisation of the assessment under Section 126.