FIYAS AHAMMED Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) EXT .P1 order passed by the second respondent -Appellate Authority, confirming the assessment of penalty under Section 126 of the Electricity Act, 2003, is under challenge in this writ petition. Eventhough various contentions are raised with respect to sustainability of the penalty, learned counsel for the petitioner submitted that the dispute is limited only with respect to charging of interest on the amount of penalty as ordered in Ext.P1.

(2.) EVIDENTLY , the provisional assessment was made as early as on 31.03.2008. The petitioner had challenged the assessment by approaching the Consumer Dispute Redressal Forum, Malappuram, on two occasions. The 2nd complaint was dismissed only on 28.09.2013. The petitioner preferred appeal under Section 127 before the 2nd respondent, only on 07.02.2014. Therefore the Appellate Authority held that the petitioner is liable to pay interest as per Regulation 36(5) of the KSEB Terms & Conditions of Supply, 2005. It was further ordered that the appropriation of remittances already made by the petitioner shall be done in accordance with Regulation 36 (8) of the Terms & Conditions of Supply. 2. Contention of the petitioner is that, Regulation 36. (5) was amended during the year 2007 and the interest rate applicable has to be reworked in accordance with the amended provisions. He also seeks direction from this Court to appropriate payments already made against the principle amount of penalty, and to recompute the liability with respect to payment of interest.

(3.) WHILE considering the issue, this Court finds that, the matter was unnecessarily dragged on by the petitioner through repeated approaches made before the CDRF, when it remained settled that the said Forum has no jurisdiction with respect to imposition of penalty under Section 126. However, having found that the petitioner had subsequently invoked the appellate remedy under Section 127, and that the Appellate Authority had entertained and considered the said appeal, some leniency in the matter of computation of interest can be permitted in the case at hand.