| The Appellant is running an ice factory under the name and style of M/s Sincere Ice Factory bearing consumer No.5754 under LT-IV A Tariff with a connected load of 37614 watts and contract demand of 38 kVA under Electrical Section, Eranhikkal. The registered owner of the connection is Sri. M.P. Chandran. On 01-09-2018, while taking the reading, it was noticed that voltage in one phase was not getting recorded in the meter. Consequently, the premises of the consumer was inspected on 24-09-2018 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Kozhikode unit. A site mahazar was prepared by the Sub Engineer Sri. Illiyas of Electrical Section, Eranhikkal. An irregularity of metering was detected as the B phase voltage connection to the energy meter was rusted and as a result the same got disconnected at the taping point and due to this reason B phase voltage was missing at the terminal of the energy meter. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Eranhikkal, issued short assessment bill by directing the appellant to pay Rs 4,41,504/-. Aggrieved by the short assessment bill, the appellant filed petition before CGRF, Kozhikode requesting to quash the bill. The Consumer Grievance Redressal Forum disposed the OP No.116/2018-19 filed by the appellant and ordered on 11-02-2019 that the short assessment is limited to one year and the appellant is allowed to remit the amount assessed in 20 instalments. Still aggrieved by the said order, the appellant has filed the Appeal Petition before this Authority. The appeal was dismissed as it lacks merits and the respondent was directed to correct an error in the calculation statement regarding the consumption during the normal period from 01-07-2018 to 01-08-2018 and to revise the bill accordingly, vide order No. P/24/2019 dated 24-05-2019. The appellant then filed WP (C) 15474/2019 before the Hon’ble High Court challenging the orders rendered by the Ombudsman. The Hon’ble High Court, in its judgment dated 03-07-2019, set aside the orders dated 24-05-2019, not because the Honourable Court found it to be conclusively in error, but so as to facilitate a fresh consideration based on the observations and remanded the matter to this Authority for disposal of the case after affording fresh opportunity of personal hearing to the parties concerned. The Assistant Executive Engineer, Electrical Sub Division, West Hill forwarded a copy of the judgment to this Authority and the same received on 29-10-2019.
As per Regulation 134(1) Kerala Electricity Supply Code 2014, if the licensee establishes either by review or otherwise, that it has undercharged the consumer, the licensee may recover the amount so undercharged from the consumer by issuing a bill and in such cases at least thirty days shall be given to the consumer for making payment of the bill.
As directed by the Hon. High Court of Kerala, the subject case is re-examined and found that no revision in the order in Appeal Petition No. P/024/2019 is required considering the facts analysed as above. But the respondent is directed to issue a revised bill correcting the error in the calculation statement and the respondent shall give a copy of the calculation statement and downloaded data to the appellant within 15 days of receipt of this order. |
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P/082/2019 Sri. Pradeepan M.P., Kozhikode 