| The Appellant is the Managing Director of a small-scale industrial unit viz; M/s. Lakshmi Ice and Cold Storage, Aroor under low tension (LT) industrial tariff with consumer number 8437 under Electrical Section, Aroor. The power meter at the premises of the consumer was changed on 25.08.2003 due to the meter showing less consumption. The monthly average consumption recorded before changing the faulty meter was 1077 units (2/2003 to 8/2003) and the monthly average consumption increased to 15244 units after the meter changed on 25.08.2003 (consumption taken from 25.08.2003 for 90 days). Hence the respondent issued a short assessment bill for Rs. 296129/- dated 27.04.2004 to the consumer to compensate the loss sustained to KSEBL during the meter faulty period. The appellant filed Writ Petition WPC 14339 of 2004 against the bill before the Hon'ble High Court of Kerala. In compliance of the order dated 04.06.2004 of the Hon'ble High Court, the appellant remitted Rs.74033/- (25% of the bill amount). As per the final judgement dated 17/12/2018 in WP. No. 14339 of 2004 of Hon'ble High Court, the appellant filed appeal before Assistant Executive Engineer, Electrical Sub Division, Poochakkal on 25/3/2019. The Assistant Executive Engineer, Electrical Sub Division, Poochakkal vide order dated 24.06 2019 confirmed the bill dated 27.04.2004 for Rs.296129/-. The consumer filed complaint before the CGRF against this order and the Forum upheld the assessment bill issued by KSEBL. The appellant filed an appeal against the order in OP No.42/2019-20/395/Dated: 16.12.2019 of CGRF before this Authority on 20-01-2020.
From the conclusions arrived at as detailed above, I decide to quash the short assessment bill amounting to Rs. 296129/-issued to the appellant. The respondent shall refund Rs. 74033/- to the appellant with the applicable interest.
Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant stands disposed of as such. The order of CGRF, Ernakulam in OP No.42/2019-20 dated: 16.12.2019 is set aside. No order on costs. |
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P/004/2020 Smt. Valsa K.K., Alappuzha 