Bare ActsKerala Electricity Supply Code, 2014

Section 158

Appeal before Appellate Authority under Section 127 of the Act.--

Amendment status not verified — confirm the current text below against the official source.

(1) The consumer, if aggrieved by the final order issued by the Assessing Officer under Section 126 of the Act, may, within thirty days of the said order, file an appeal before the Appellate Authority under Section 127 of the Act, after depositing with the licensee, in cash or as bank draft, an amount equal to fifty percent of the assessed amount as per the final assessment order. (2) The appeal under Section 127 of the Act shall be made in the form specified in the Annexure-21 and the memorandum of appeal shall be signed and verified in the manner specified in the Annexure-21 to the Code. (3) The appeal shall be accompanied by the fee as specified by the Commission in the Schedule 1 which may be notified by the Commission from time to time. (4) The appeal shall also be accompanied by a certified copy of the order of assessment appealed against. (5) The Appellate Authority, on receipt of the appeal, shall give an intimation to the Assessing Officer with a copy of the appeal. (6) The Appellate Authority shall consider the appeal and pass appropriate orders, after affording to the appellant, an opportunity of being heard. (7) The procedure for hearing as specified in Regulation 156 shall, mutatis mutandis, apply to the hearing of appeal also. (8) The Appellate Authority may, for the just and reasonable disposal of the appeal, seek clarifications if any required from the Assessing Officer or from any other officer of the licensee or from any other person. (9) Final order shall be issued by the Appellate Authority, preferably within thirty days of filing of appeal, based on the evidence and the facts presented. (10) The final order in the appeal shall be detailed, comprehensive and speaking. (11) The final order shall be served on the appellant under proper acknowledgement with a copy to the Assessing Officer. (12) The consumer shall be served with a revised bill, if necessary, as per final order of the Appellate Authority, to be paid within seven days. (13) If the consumer defaults in making the payment within seven days of serving the revised bill as per the final order of the Appellate Authority, the connection may be disconnected after serving a notice with a notice period of fifteen clear days. (14) The supply shall not be reconnected until the bill amount is cleared. (15) In the case of non-payment, the amount of revised bill issued as per the final order of the Appellate Authority shall be shown as arrear in regular bill and action shall be taken for recovery. (16) An interest at the rate of sixteen percent per annum shall be charged on the amount as per final order of the Appellate Authority, after thirty days from the date of final order, compounded every six months as per sub-section (6) of Section 127 of the Act. [(17) In case the Appellate Authority holds that no case of unauthorised use of electricity is established, no further proceedings shall be initiated or continued by the licensee in this regard and the amount deposited by the appellant shall be refunded along with interest at the rate of 'FBIL +200 base points' per annum compounded every six months for the period from the date of deposit till the amount is refunded.] [(18) In case the amount payable as determined by the appellate authority is less than the amount already deposited by the consumer at the time of filing the appeal, the excess amount shall be refunded along with interest at the rate of 'FBIL +200 base points' per annum compounded every six months from the date of such deposit till the date of refund.] Substituted by Kerala Electricity Supply (Amendment) Code, 2020 published in K. G. Ext. No. 1504 dt. 19/06/2020.

Section 158 – Kerala Electricity Supply Code, 2014 | DailyLaw.ai