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P/119/2015 - Sri. Aboobacker M, Kayamkulam, Alappuzha
The appellant is an industrial consumer bearing consumer no. 14511 with a connected load of 60 kW under Electrical Section, Cheppad. The APTS team inspected the premises of the appellant on 6-4-2011 and it is found that the B phase of the CT operated three phase meter recorded zero voltage resulting the consumption of that phase was not recorded by the meter. Based on the site mahazar prepared by the Sub Engineer a short assessment bill amounting to Rs. 3,15,830/- for the period from 9/2010 to 4/2011 was served on the appellant on 19/05/2011. Aggrieved by this, the appellant had challenged the said assessment in WP (C) No. 14284 of 2011 (1) before the Hon’ble High Court of Kerala. The Hon’ble High Court directed the appellant vide an interim order, to remit Rs. 1,00,000.00 and the appellant remitted accordingly. Thereafter the writ petition was disposed of directing the respondent to issue a calculation statement to the appellant and to hear and to take appropriate decision within one month from the date of receipt of an objection from the appellant. A calculation statement was issued to the appellant and after considering the objection filed by the appellant, a final bill for Rs. 3,15,830.00 issued to him by the respondent. Aggrieved by this, the appellant filed petition before the CGRF seeking to set aside the short assessment bill. The CGRF has dismissed the petition with the following directions. 1. The short assessment bill dated 19-05-2011 for Rs. 3,15,830.00 is in order. 2. The respondents are directed to raise fresh bill for the above amount with interest at bank rate till date, after deducting the amount already paid. The petitioner can avail installment facility as per rules. Challenging the orders of CGRF, the appellant had submitted this Appeal Petition dated 20-05-2015 before this Authority. Respondent is directed to issue revised assessment for the period from 11/2010 to 04/2011 based on the succeeding 3 months consumption after replacing the meter on 12/2012. Appeal is admitted and order of CGRF in OP No. CGRF-CR/Comp/144/2014-15 dated 22-04-2015 is set aside.

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Created 2015-10-26 00:00:00

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