ANDHRA PRADESH ELECTRICITY REGULATORY
COMMISSION
PROCEDURE FOR FILING APPEAL BEFORE THE APPELLATE AUTHORITY
Section 127 of the Electricity Act, 2003 deals with the
procedure for appeal to the Appellate Authority against the final order of the
Assessing Authority issued u/s 126 for unauthorised use of electricity. The person aggrieved by the final order may
prefer an appeal within 30 days of the said order in such form and verified in
such manner and accompanied by such fee as may be specified by the State
Commission.
The draft regulation specifying the form, manner of
verification and fee payable for preferring the said appeal, was published in
the A.P. Gazette on 10.12.2003 seeking comments/suggestions
and a press release was also issued inviting comments/suggestions from interested parties by 31.12.2003. The Commission received comments and
suggestions from two organisations representing various interests and two
distribution licensees.
The Commission has considered these comments and suggestions
and made suitable changes in the draft Regulation, wherever necessary.
In exercise
of the power conferred under Section 127 read with Clause (zo)
of sub-section (2) of Section 181 of the Electricity Act, 2003, and all powers
enabling it in that behalf, the Andhra Pradesh Electricity Regulatory
Commission hereby makes the following regulation providing for procedure for
the filling appeal before the Appellate Authority.
(1) This Regulation
may be called the Andhra Pradesh Electricity Regulatory Commission (Procedure
for filing appeal before the Appellate Authority) Regulation 2004.
(2) This Regulation shall be applicable to
the Licensees in their respective areas of supply in the State of
(3) This Regulation
shall come into force from the date the Commission may by notification appoint
for the purpose.
(a) "Act"
means the Electricity Act, 2003;
(b) "Appellate
Authority" means the authority prescribed under sub-section (1) of Section
127.
(c) "Commission" means the Andhra Pradesh Electricity Regulatory Commission;
(d) "Licensee"
means a Distribution Licensee authorised to operate and maintain a distribution
system of supplying electricity to consumers in the concerned area of supply.
(e) "month" means the calendar month. The period of about 30
days between the two consecutive meter readings shall also be regarded as a
month for purpose of billing;
(f) All other expressions used herein but not specifically defined
herein but defined in the Act shall have the meaning assigned to them in the
Act. The other expressions used herein but not specifically defined in this
Regulation or in the Act but defined under the Andhra Pradesh Electricity
reform Act, 1998 shall have the meaning assigned to them under the said Act,
provided that such definitions in the Andhra Pradesh Electricity Reform Act,
1998 are not inconsistent with the provisions of the Electricity Act, 2003.
3. Filing of
appeal
(1) A person
aggrieved by a final order made under section 126 of the Act, may, within 30
days of the order, file an appeal before the Appellate Authority.
(2) No
appeal shall be entertained unless an amount equal to one third of the assessed
amount is deposited in cash or bank draft with the licensee and documentary
evidence of such deposit has been enclosed along with the appeal.
(3) The appeal
shall be made in the form specified in the Schedule.
(4) The Memorandum
of Appeal shall be signed and verified in the manner specified in the Schedule.
(5) The appeal
shall be accompanied by the following fee:
Amount assessed Fee
Up to Rs. 1,00,000
3% of the assessed amount
subject to minimum of Rs.500
Above Rs. 1,00,000
1% of the, assessed amount
subject to minimum of Rs.3, 000
(6) The fee shall be paid in such form as the Appellate Authority
may specify.
4. Miscellaneous
(1) Subject to the provisions of the Electricity Act, 2003 and
this Regulation, the Commission may, from time to time, issue orders and
practice directions with regard to the implementation of this Regulation and
procedures to be followed.
(2) The Commission may, at any time, add, vary, alter, modify or
amend any of the provisions of this Regulation.
Schedule
1. Between
1.
Appellant
(Full address of the Consumer including SC No., category of
service)
2.
Respondent
(Full address of the Respondent)
i.
Name of
the licensee
ii.
Assessing
officer
II 1. Details
of Applicant
a. Full Name of the Applicant:
b. Full Address of the Applicant:
c. Name, Designation & Address
of the Contact Person:
d. Contact Telephone Numbers:
Fax Number(s):
Email ID:
2. Details of the Distribution Licensee
a. Address
of the concerned Section Office
b. Address
of the concerned Sub Divisional office
3. Details of the Assessing Officer
a. Name
and designation
b. Address
4.
Address of the premises concerned
5.
Contracted Load/ Demand
6.
Particulars of the meter installed
7.
Date of Inspection
8.
Nature of the un
authorised use alleged
9.
Date of the provisional assessment
notice
10.
Amount provisionally assessed
11. Date
of filing objection by the Appellant
against provisional assessment
12.
Date of hearing of the objection by
the
assessing Officer
III. GROUNDS OF APPEAL
(State to be
grounds of the case on which the appeal is filed and the reason(s) why the
final order is unsustainable)
IV The disputed amount under appeal is Rs. ____________________and a fee of Rs. _________________________is paid by way Cash / demand Draft bearing No. _______________ dated ___________________as per section 127 of the Act read with Regulation No. . of 2003 .
V The Final
order was not passed with the consent of both the parties as per sec 127(5) of
the Electricity Act 2003.
VI The appellant
has paid Rs. ___________ being 1/3rd of
the disputed amount by way of Demand Draft bearing No. _________________
dated ____________to the licensee as per Section 127(2) of the Electricity Act 2003, The proof of payment is enclosed.
Prayer
It is
therefore, prayed that ___________________________________________________
________________________________________________________________________
Appellant
I
. declare that what is stated in all the above
paragraphs is true to the best of my knowledge and information and I believe it
to be correct and verified and signed at
.. on
.
Place:
Name & Signature of the Appellant
Date: