| The appellant is the Managing Partner of M/s. Mubarak Granite-Industries, West Chathalloor, Othayi, Edavanna in Malappuram Dt, was having a low tension three phase industrial service connection with consumer number 18078, under Electrical Section, Edavanna, Malappuram. The appellant has complained that the energy meter in his premises is over reading and requested that the same may be tested at TMR Division. The appellant remitted the fee for testing the meter on 12/7/2011 and the meter was tested on 22/10/2011 at TMR Division, Shornur and the test report revealed that the meter was faulty as it showed abnormal pulses on load. The appellant then represented KSEB to refund the overcharged amount from 11/2009 to 10/2011. The KSEB has prepared a calculation statement that an amount of Rs. 15,74,558/- is to be reimbursed to the appellant, as the amount collected during the meter faulty period was in excess. On 31/12/2013, the supply was dismantled due to the up gradation of the electrical connection to High Tension (HT) and thereafter the cash deposit was refunded in January 2014.
But no action was taken to refund the excess amount collected, the appellant is stated to have made complaints many times for the same before the KSEB authorities. Since no steps were taken to refund the excess amount collected, the appellant filed a complaint before the CGRF which was dismissed, holding that no claim either due to the licensee or due to the consumer shall be raised after dismantling service connection, vide order O.P. No. 69/2018-19 dated 18-12-2018. Aggrieved by this order of the CGRF, the Appellant has submitted this appeal before this Forum.
Considering facts of the case, as it was confirmed the excess billing and the request seem to me as genuine, and under the provisions of Regulation 24 (6) of Supply Code, 2005 and Regulations 134 (3) and 145 of Supply Code 2014, I am fully convinced that the request of the appellant is reasonable and justifiable. Hence I decide that the order of the CGRF stands quashed. The excess amount collected from the appellant for the period from 11/2009 to 10/2011 shall be refunded by the respondent. The refund shall be made within 60 days of this order.
Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is allowed and stands disposed of as such. No order as to costs. |
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2019-04-02 05:04:41 |
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P/007/2019 - Sri A.M. Mohammedali, Malappuram 