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Downloads - Orders - P/045/2016 Sri. Arun R Chandran, Indus Towers Ltd., Palarivattom, Ernakulam
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 P/045/2016 Sri. Arun R Chandran, Indus Towers Ltd., Palarivattom, Ernakulam  |
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| The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the above service connection is 16592 and is under the jurisdiction of Electrical Section, Melmuri. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the letter dated 01-02-2016 directed the appellant to remit an amount of Rs. 81,430.00 based on the findings that the meter was sluggish during the period from 05/2014 to 09/2014. An objection against the demand was filed before the Assistant Engineer and the same was rejected without quoting any valid reason or regulations. So the appellant had approached the Hon’ble CGRF (NR) by filing a petition in OP No. 177/2015-16. Though the Chairperson has allowed the petition and ordered to quash the impugned bill of Rs. 81,430.00, the second and third members have recorded their difference of opinion that "the nomination submitted for the person who attended the hearing is not proper" and the case is not maintainable. Hence as per the Regulation 11 (3), of CGRF and Ombudsman Regulations 2005, the Hon’ble Forum issued final order as the petition is dismissed and the demand of Rs. 81,430.00 raised by the licensee is upheld. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. The assessment made in this case is without conducting any testing of the meter in an accredited lab or with a standard reference meter of better accuracy class. The only evidence and documents to substantiate the claim of the respondent is the audit report of Regional Audit Officer. So the assessment is arbitrary, illegal and not sustainable before law and is hereby quashed. The order of CGRF in OP No 177/2015-16 dated 23-05-2016 is set aside. No order as to costs. |
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