| The appellant, Smt. Ummayya, General Manager, Hotel Sagar, near KSRTC Bus Stand, Mavoor Road, Kozhikode is the registered consumer with consumer No. CB 5575 under the jurisdiction of Electrical Section Central, Kozhikode. On 16-1-2007, the APTS team, Thiruvananthapuram inspected the premises of the appellant and noticed that current recorded in one phase (phase C) was negligibly low during the actual current flow. So, the appellant was issued with a short assessment bill for Rs. 1,09,925.00 towards the charges for the unrecorded portion of energy in the meter for the period from July 2006 to December 2006. Against this bill, a petition was filed before the CGRF, Kozhikode with a request to cancel the short assessment bill. The Forum has ordered to reassess the consumption based on average of consumption from January 2006 to June 2006 and to issue revised bill, vide order No. CGRF/DCE/COMP/DOP(G) /77/2007-08/317 Dated 15-05-2007.
Still aggrieved with the above order, the appellant had filed an appeal petition before the Ombudsman which was disposed of vide order No. 13/2007 dated 11-07-2007. In the above order it was held that the fault had occurred only in the later half of December 2006 and there was no justification for revising the bills for July 2006 to November 2006 and hence directed to revise the bill accordingly. The KSEB Limited has filed Writ Petition No. 5761 of 2008 challenging the said order dated 11-07-2007. The Hon’ble High Court in its judgment in WP (C) No. 5701 of 2008 dated 13-10-2016 directed this Authority to pass fresh orders after conducting a hearing with the Assistant Executive Engineer, Electrical Sub Division, Nadakkavu.
So, in view of the above findings the revised short assessment bill issued to the appellant for Rs. 86,521.00 is not sustainable and hence quashed. However, the respondent is directed to revise the bill for the month of December 2006 on the basis of average consumption for the period from January 2006 to June 2006. This shall be done at any rate within 30 days from the date of receipt of this order. It is made clear that no surcharge or interest shall be levied from the appellant for the appeal pending period. The appeal petition is disposed of accordingly. No order as to costs. |
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P/087/2016 Smt. Ummayya Kozhikode 