| The appellant Sri Godson Varghese is the Managing Partner of M/s. Apex Rubber Industries, Rubber Park, Valayanchirangara P.O, Perumbavoor, engaged in the business of manufacturing tread rubber and allied products. The connection was given to the industrial unit by the Rubber Park India Ltd. the Licensee, bearing consumer No. 128, under HT I tariff with a Contract Demand of 325 kVA. The respondent has issued a demand notice for back assessment amounting to Rs. 18,24,091.00 towards the energy charges of unrecorded consumption of 401964 units during the period from 01-04-2013 to 01-1-2014 alleging that an error occurred as a result of the interchanged polarities of the phase currents. Aggrieved by this, the appellant approached the Managing Director of Rubber Park India Pvt. Ltd, and preferred a petition. The appellant also filed a Writ Petition No. WP (C) 19814/2014 before the Hon’ble High Court of Kerala which was disposed of on 07-08-2014 with a direction to consider the objections of the appellant by the Managing Director of Rubber Park India Pvt. Ltd, the 2nd respondent in the Writ Petition. The Managing Director of Rubber Park India Pvt. Ltd has ordered to revise the disputed bill and directed to remit an amount of Rs. 18,12,670.00. Aggrieved against the said order, the appellant approached the Hon'ble CGRF of the licensee on 14-05-2015, for redressal of grievance. A complaint along with detailed note regarding the entire episode was submitted before the CGRF of the Licensee pleading redressal of grievance. But the Forum directed the appellant to remit the entire amount of Rs. 18,12,670.00 assessed by the respondents and disposed the petition accordingly. Aggrieved against the above order, the appellant has filed this appeal petition before this Authority.
It is evident that the licensee has not conducted any inspection or not prepared any mahazar or not conducted testing of the disputed meter in an approved lab or at Electrical Inspectorate. It is the duty of the respondent to rectify the defects, if any found in the meter or CT and to ensure that the electrical installation is working properly. If the officers of the licensee were negligent in the matter of inspection of the same, it is totally unjust to saddle the appellant with a liability to pay huge amount all of a sudden in lump sum. In view of the findings there is no justification for issuing such a huge bill for Rs. 18,12,670.00 as long as the appellant had done any malpractice or theft of energy. Hence the assessment is quashed. Appeal is admitted and the order of CGRF Rubber Park India (P) Ltd. 02/2015 dated 27-10-2015 is set aside. No order as to costs. |
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P/174/2015 Sri Godson Varghese, Perumbavoor. 