| It was found during an APTS inspection that the actual energy consumed by the appellant had been not recorded correctly due to the interchanging of the R and B phases CT connections. Hence a short assessment bill amounting to Rs. 2,96,919/- was issued to the appellant on 09/11/2012. The respondent’s argument is that as per clause 37 (5) of KSEB Terms & Conditions of Supply, 2005, if the Board undercharged the consumer either by review or otherwise the Board may recover the amount undercharged from the consumer by issuing the bill. The appellant approached the Hon’ble High Court challenging the said bill. Though the bill was issued under Section 126 of the Electricity Act, the Hon’ble High Court, in its judgment in WP (C) 30463/2012, held that a short assessment bill could not be considered as an assessment of penalty under Section 126 and that the appellant, therefore, need not resort to the remedy of appeal as provided under Section 127. Dismissing the writ petition, Hon’ble High Court directed the appellant to seek remedy against the disputed bill before the CGRF as provided under Regulation 56 of the KSEB Terms and Conditions of Supply, 2005. The order of the CGRF is revised accordingly. The appeal petition is disposed as settled. |
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2015-03-16 00:00:00 |
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NO.P/062/2014 - Khader Kunji A. - 16/03/2015 