Court dismissed a writ petition where petitioners challenged a Consumer Grievance Redressal Forum order directing the licensee to refund expenditure incurred for enhancing a transformer capacity. The court held under Regulation 36 that for loads below 1MW, the licensee must bear the cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 3649 OF 2021
PETITIONERS:
1THE ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SUB DIVISION, ALUVA TOWN,
ERNAKULAM DISTRICT, PIN - 683 101.
2THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, EDAYAR,
ERNAKULAM DISTRICT, PIN - 686 662.
BY ADVS.
SRI. K. M. SATHYANATHA MENON
SMT. KAVERY S. THAMPI
RESPONDENTS:
ALEX SOHARAB V. F.,
M/S. SOUTHERN ENGINEERING CORPORATION,
V/830-A, DEVELOPMENT AREA, EDAYAR,
MUPPATHADOM, ALUVA - 683 110.
BY ADVS.
SRI. C. HARIKUMAR
SRI. VIZZY GEORGE KOKKAT
SRI. ANAND GOKULDAS
SMT. SRUTI RAVINDRANATHAN
SRI. ABHIRAM T. K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3649 OF 2021
2
DINESH KUMAR SINGH, J.
W.P.(C) No. 3649 of 2021
Dated this the 6th day of June, 2024
JUDGMENT
“36. Expenditure for extension or upgradation or both of the distribution system to be borne by the consumer.-
WP(C) NO. 3649 OF 2021
3
The expenditure for extension or upgradation or both of the distribution system undertaken exclusively for giving new service connection to any person or a collective body of persons or a developer or a builder, or for enhancing the load demand of a consumer or a collective body of consumers or a developer or a builder, shall be borne by the respective applicant or consumer or collective body of consumers or developer or builder, as the case may be, in the following cases:-
(i) for meeting the demand of an applicant with a contract demand above one megawatt (MW);
(ii) for meeting the additional demand of existing consumers, if the aggregate demand including the additional demand applied for, is above one megawatt (MW);
(iii) for meeting the demand of the domestic or commercial or industrial complex or colony constructed by a developer or a builder with a demand above one megawatt (MW);
(iv) for meeting the demand of a high rise building irrespective of its demand;
WP(C) NO. 3649 OF 2021
4
(v) for meeting the demand of power intensive unit irrespective of its demand; and
(vi) for meeting the demand of a consumer requesting for dedicated feeder or protected load status irrespective of its demand:
Provided that, if due to technical reasons, the extension or upgradation or both to be undertaken by the licensee as per this regulation is more than the requirement of such consumer, the expenditure for such extension or upgradation or both to be realised from the consumer shall be limited to the proportionate expenditure.”
WP(C) NO. 3649 OF 2021
5
Sd/DINESH KUMAR SINGH JUDGE
Svn
WP(C) NO. 3649 OF 2021
6
APPENDIX OF WP(C) 3649/2021
PETITIONER’S EXHIBITS
EXHIBIT P1A TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE RESPONDENT BEFORE THE CONSUMER GRIEVANCE
REDRESSAL FORUM, CENTRAL REGION AND NUMBERED
ASCOMPLAINTNO.59/2016-17/531DATED
26.8.2016.
EXHIBIT P2A TRUE COPY OF THE THE STATEMENT OF FACTS
SUBMITTED BY THE PETITIONERS IN COMPLAINT
NO.59/2016-17/531 DATED 22.9.2016 BEFORE THE
CHAIRPERSON CONSUMER GRIEVANCE REDRESSAL
FORUM, CENTRAL REGION.
EXHIBIT P3A TRUE COPY OF THE ORDER PASSED BY THE CGRF
IN CGRF-CR/COMP. 59/2016-17/531 DATED
12.1.2017.
EXHIBIT P4A TRUE COPY OF THE JUDGMENT DATED 16.10.2018
IN W.A.NO.1448/2017 OF THIS HON'BLE COURT.
1 issue framed by the court
Whether the expenditure for upgrading the transformer from 100 KVA to 250 KVA for a consumer with a total load of 85 KW is to be borne by the licensee under Regulation 36 of the Supply Code 2014.
1 provisions across 1 enactments
1, 2 THE ASSISTANT EXECUTIVE/ENGINEER, KERALA STATE ELECTRICITY BOARD LTD.
ALEX SOHARAB V. F.
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court