| The appellant is having a 3 phase domestic service connection with consumer no: 11898, under Electrical Section, Kaloor, Ernakulam. The gist of the complaint raised by the appellant is that on 13-04-2010 since there was an abnormal sound from the energy meter and observed that the meter was working at an extensively fast rate, even when the meter was switched off. Since the consumption recorded in the meter was more than 20000 units, the matter was reported to the Section Office in writing on the same day. An Overseer from the Section Office visited the premises on the same day and declared that the meter was faulty. It was also informed that there is shortage of meter and there are many similar cases are pending and hence the same will be replaced as and when the meter made available.
The appellant’s grievance is that the licensee has not replaced the faulty meter even after a lapse of more than 6 years and charging at the rate of 280 units bimonthly, the average consumption of 3 billing cycles prior to the date of meter became faulty. The appellant was forced to pay this amount on threat of disconnection if not paid on due date. While so, the appellant was issued a short assessment bill for Rs. 5,506.00 for the period from 3/2010 to 5/2013 on the basis of the audit report of Regional Audit Officer by assessing the average consumption as 344 units. Against this bill, the appellant submitted petitions dated 27-12-2013 and 24-1-2014 before the Assistant Engineer, Electrical Section, Kaloor. Later as per the proceedings dated 2-6-2016 of Assistant Engineer, Kaloor, the short assessment bill was cancelled.
The faulty meter of the appellant was replaced on 25-5-2016. The CGRF, Ernakulam, before whom the petition was filed by the appellant, with a request to refund the excess amount collected from 4/2010 onwards, has ordered to revise the bimonthly bills from 4/2010 based on average consumption of the 3 billing cycles after the installation of the new meter and to refund the meter rent collected from the petitioner during the meter faulty period. The appellant is challenging the decision of the CGRF regarding revision of bills based on average consumption of the 3 billing cycles after the installation of the new meter as he is of the opinion that it should be revised based on the fixed/ minimum charges payable as per the tariff and to refund the excess amount collected and the meter rent collected with interest at the rate of 16% per annum. This appeal petition is filed as the appellant is aggrieved by the order dated 30-09-2016 in OP No: 44/2016-17 of CGRF, Ernakulam on the issue stated above among other things.
Under the above mentioned circumstances it is held that the respondent is directed to issue revised bill based on the average consumption of 3 billing cycles immediately preceding the date of meter being found or reported defective as per Regulation 125(1) of Supply Code, 2014. However, the charging of appellant during the meter faulty period based on average consumption shall be limited for a maximum period of two billing cycles from 4/2010 as per Regulation 125(2) of Supply Code, 2014. It is made clear that the appellant is liable for making payment of fixed / minimum charges for the remaining period up to 5/2016 as per the applicable tariff in force. The excess amount collected from the appellant by way of energy charges and meter rent during the meter faulty period shall be refunded with interest as per Regulation 134 (3) of Supply Code, 2014. This shall be done at any rate within a period of 30 days from the date of receipt of this order.
The appeal is disposed of accordingly. The order of CGRF dated 30-09-2009 is modified to the extent as ordered above. No order as to costs. |
|
|
Data
|
| Size |
296.27 KB |
| Downloads |
1134 |
| Created |
2016-12-30 00:00:00 |
|
|
|
Overview
Search Downloads
Submit file
Up
P/073/2016 - Sri. P. Viswanathan Kochi 682017. 