CONSUMER GRIEVANCE REDRESSAL FORUM NORTHERN REGION, . (Formed under Section 42(5) of Electricity Act 2003) Vydyuthibhavan, Gandhi Road, Kozhikode -673011 Telephone Number -0495 2367820 [email protected]

PRESENT

BEENA GOPINATH. S : CHAIRPERSON

LEKHA RANI. R. : MEMBER II

ROBIN PETER : MEMBER III

OP NO.08/2019-20

PETITIONER :

Manager, M/s Sreekala OxygenCo,Mele Chelari, P.O, Mathapuzha Road,-673636.

RESPONDENTS :

1. Assistant Executive Engineer, Electrical Sub Division, ,- 676303

2. Assistant Engineer, Electrical Section, KSEB Ltd, Chelari, Malppuram District- 673635

ORDER

Case of the Petitioner:- The petitioner, Manager, M/s Sreekala Oxygen Co , Tenhipalam, Malappuram district, comes under the jurisdiction of Electrical section Chelari complaints that the excess amount paid by the company is to get refunded. It is having a constant connected load and the consumption is steady and the same through out the year since beginning with a contract demand of 180KVA. Till June 2018 the recorded maximum demand is immediately around the agreed CD of 180KVA only(proof attached-demand notice from January 2018 to July 2018) But from the month of July 2018 onwards, the meter was showing more energy consumption and RMD went high in the range of 197 KVA to 214 KVA (Proof attached-demand notice from August 2018 to December 2018) and they were charged fine for excess demand and also they had to pay more for increased energy consumption.

Immediately after receiving the demand notice for the month of August 2018 where the RMD was 197KVA and the consumption was also recorded high which cannot be admitted and they are very much sure of the nature of and the consumption pattern, they had forwarded a request to the AE concerned on 03.8.2018 to arrange an inspection of their metering equipment for its malfunctioning (copy of the letter attached). And in the meantime, they had performed a thorough check up of their electrical system including the transformer and found everything satisfactory. But as the demand notice

continued to show high RMD and abnormal consumption for the subsequent months as well.

As per the letter from the KSEBL officials,they had purchased a new set of CTPT,TOD meter and forwarded a letter to AE,ES,Chelari requesting to arrange to test the same from meter testing unit, . After paying necessary fees they had got it tested and forwarded a letter to AE, ES, Chelari with the test report, requesting them to arrange the TMR Shoranur team to connect the same to their system on 29.11.2018 (copy of the letter attached). Again a letter had been forwarded stating that the connection of new CTPT, TOD seem to rectify the problem, else, they are ready to apply for enhancement of CD. Finally they effected the connection on 12.12.2018. And in the demand notice from Jan 2019 onwards it is clear from the bill that the RMD and the energy consumption are very much similar to their earlier actual pattern of consumption.(Copy of the demand notice for Jan 2019 and Mar 2019 attached).

From the above, it is very much clear that the excess demand and the higher consumption pattern from 8/2018 to12/2018 was purely due to the malfunctioning of the metering equipment and not because of their increased consumption. They were unnecessarily charged fine for excess demand and more energy consumption.(The calculation statement attached, showing excess amount collected taking into account of normal consumption pattern of the plant)

So it is hereby prayed that order may please be issued to refund the excess amount collected by KSEB or it may be arranged to adjust in the forthcoming bills.

Version by the Respondent:-

The petitioner, The Manager, Sreekala Oxygen, Melechelari, Thenipalam is an HT consumer (LCN 21/4274) under Electrical Section, Chelari having connected load 185.5KW. He has executed a contract demand agreement of 150 KVA with Deputy Chief Engineer, Electrical Circle, on 01-09-2005 for availing power to the extent of 150KVA per month.

The petitioner had never approached the licensee with this type of a demand prior to filing the petition before Hon.C.G.R.F (Northern Region). The petitioner approached this Forum demanding refund of excess amount collected by K.S.E.B Ltd. In this regard following facts are submitted.

The argument of petitioner is totally incorrect.

1. Prior to the present scenario, in 2014, the office of Executive Engineer, T.M.R Division Shoranur informed Electrical section Chelari that CTPT unit installed in the premises of petitioner declared as faulty, since 08-01-2014. The CTPT unit repaired and tested OK on 12-02-2014 and there after continuing with same unit till 12-12-2018.

CT: Ratio–10/5A,15 VA, CL:0.5, Sl.Nos:9710458, make : Indus

PT: Ratio-11KV/110V,100VA,CL:0.5,SLNos:9710229,make : Indus

2. After this event, the recorded maximum demand exceeded the contract demand and therefore, the Deputy Chief Engineer,

Electrical Circle, Tirur directed the petitioner to enhance the contract demand on two occasions. ie. on 10.6.2015 and 12.7.2017.

3. The petitioner submitted the application to enhance contract demand to 190 KVA along with the required papers on 29-06- 2015 and after scrutiny, Electrical Section Chelari, submitted that to Deputy Chief Engineer, Electrical Circle, Tirur on 15-10- 2015.

4. The Deputy Chief Engineer, Electrical Circle, Tirur, found that the existing 10/5A-CT is not suitable to the enhanced demand of 190 KVA. The suitable CT ratio is 15/5A. Hence Electrical Section, Chelari directed the petitioner on 03/12/2015 to replace the CT with suitable capacity. But the consumer had not taken any steps till 21-11-2018. On 21-11-2018, they produced new CTPT unit of required capacity for testing.

5. The petitioner requested to check the accuracy of CT/PT unit on 03-08-2018 and hence the accuracy was tested by the Meter testing laboratory, TMR Shoranur by using parallel meter to the existing meter on 17-09-2018. The meter testing laboratory, TMR Shoranur informed on 24-09-2018 that the CT/PT unit and TOD meter is functioning normally and therefore, the petitioner has not sustained any loss due to inaccuracy of the meter. The petitioner did not raise any objections regarding the report.

6. The petitioner informed Electrical Section Chelari on 21-11- 2018 that they had purchased a new CT/PT and TOD meter with

suitable capacity of 15/5A. As per their request the unit was tested from T.M.R. Shoranur and the unit installed in their premises on 12-12-2018.

The pattern of Recorded Maximum Demand of this connection during the period from 01/2018 to 05/2019 is furnished below:-

Sl.No. Month Maximum Demand in K V A

1 01/2018 183.86

2 02/2018 181.1

3 03/2018 183.36

4 04/2018 190.53

5 05/2018 183.10

6 06/2018 186.18

7 07/2018 184.67

8 08/2018 196.536

9 09/2018 202.38

10 10/2018 209.50

11 11/2018 214.18

12 12/2018 208.54

13 01/2019 187.84

14 02/2019 19035

15 03/2019 183.99

16 04/2019 181.458

17 05/2019 182.217

load details collected from the premises are given below:

1. Air Compressor - 180 HP 2. Engine Motor - 10 HP

3. Pump - 3 HP 4. L N Pump - 3 HP

5. Cooling Tower Pump - 3 HP 6. Water Pump - 7.5 HP

7. Heater 1 - 15 KW 8. Heater 2 - 2.9 KW

9. Drilling Machine - 1 HP 10.Chiller - 0.5 HP

11. Oil Pumping Motor - 1 HP 12. Light load - 909 KW

13. AC – Office - 1.5 ton Total 191.31 KW

Equivalent to 212.57 KVA

From this scenario it is evident that the recorded maximum demand throughout the time is with in the range of connected load and there is no need of a suspicion about the accuracy of meter at any juncture.

Considering all the facts mentioned above, it is clear that maximum demand recorded by the CT/PT unit is correct and hence the arguments raised by the petitioner is not at all

considerable. In view of the above facts, the Hon’ble Forum may be pleased to dispose off the OP.

Discussion, analysis and findi ngs :-

The hearing of the case was firstly convened on 28.5.2019 then postponed to 26.6.2019 . The next hearing was conducted on 11.7.2019 for verification of test report of CT PT unit.

Having considered all the documents submitted and the

deliberations during the hearing,the Forum has come to the following conclusions leading to the decision:-

The petitioner M/s. Sreekala Oxygen Co., is an industrial consumer under HT IA tariff challenges that their maximum demand and energy consumption for the months of 8,9,10,11 and 12 of 2018 is not commensurating with their actual energy consumption and the error in recording occurs due to malfunctioning of the metering equipment mainly CTPT unit.

As per the version of the respondent, the contract demand of the petitioner was 180 KVA and the petitioner is directed by the licensee to enhance the contract demand on 06/2015 and 07/2018 since their maximum demand exceeded even upto 191 KVA on several months. Though the petitioner has produced application for enhancing contract demand on 29-06-2015, they have not replaced the CT with adequate ratio until 12/2018. The CT existed in their premises has ratio 10/5 and in order to match the recorded consumption, that CT is to be replaced with ratio

15/5. The intimation to replace the CT was given by the licensee on 03-12-2015 itself. As per documents produced it is seen that new CT/PT unit was purchased by the petitioner and produced for testing by 11/2018 only.

The test result revealed that the CTPT unit and TOD meter is working properly, which is accepted by the petitioner.

The petitioner alleges that the licensee failed to test the CT/PT unit as per their request on 03/8/2018, instead the testing of energy meter only is done on 17/9/2018 which is accepted by them.

On perusal of the test report produced by the respondent it is seen that the ratio error between the reading of the TOD meter installed in the petitioner’s premises and that of the check meter is only 0.004 which is negligible. The instantaneous report downloaded from the L&T meter installed in the premises shows the voltage in the two phases as 11.605®/11.647(B) and current in the CT phases as 4.046®/4.733(B) which indicates that the CT is properly functioning. Had there been any defect in CT like CT open/ bypass/short it would have reflected in the current reading and here there is no considerable difference between the current reading in two phases. Even though current injection test is not carried out at site, the instantaneous report substantiate the fact reported by the licensee’s test wing that the TOD meter and CTPT unit is working normally which is found convincing to the Forum.

The maximum demand of the petitioner produced by the respondent for the period from 08/2017 onwards is verified. The petitioner is being charged extra for the increase in maximum demand from the contract demand of 180 KVA in various months, starting from 3/2014. But the petitioner produced new CT matching their requested contract demand (190 KVA) only during 12/2018 even though the licensee intimated to replace the CT during 12/2015.

On 03/8/2018, the petitioner has given a request to the licensee to test the CT/PT unit and TOD meter on the presumption that the recorded consumption was increasing more than the actuals and it is due to malfunctioning of the CTPT unit and TOD meter. The RMD and consumption as per reading taken on August 2018 was 197 KVA and 108170 Kwh respectively.

But on analyzing the consumption pattern presented by the petitioner it is seen that the RMD and consumption as per reading taken in Jan 2019 ie. after replacement of the CT/PT and TOD meter was 199 KVA and 109898 Kwh respectively.

Hence the fact of increased consumption recorded during the disputed period from 08/2018 to 12/2018 could not be proved conclusively as because of malfunctioning of the metering unit.

Thus the correctness of the meter is convinced to the Forum and the argument of the petitioner that there was

malfunctioning in the existing CT/PT unit remains as unsustainable. Accordingly the petition is dismissed.

DECISION:- The petition is dismissed. Dated this the 29 th day of August 2019 Sd/- Sd/- Sd/- Robin Peter Lekha Rani R. Beena Gopinath. S

Member III Member II Chairperson Endt.on CGRF-NR/OP 08/2019-20/ 322 dt: 29/ Aug/2019

Forwarded to: 1) Manager, M/s Sreekala- If the petitioner is not satisfied with the above order of Oxygen Co,Mele Chelari, this Forum, he is at liberty to prefer appeal before Tenhipalam P.O, State Electricity Ombudsman, Charangattu Bhavan Mathappuzha Road, Building No.34/895,Mamangalam,Anchumana Road, Malappuram- 673636. Edapally,-682024 (Ph: 04842346488) within 30 days from the date of receipt of this order.

2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Parappanangadi, Malappuram District-676303 Copy submitted to: Chief Engineer (Distribution –North) , Kozhikode. Copy to: 1. The Secretary, KSEB Ltd., Vydyuthibhavanam, .

2. Deputy Chief Engineer, Electrical Circle, Tirur. 3. The Executive Engineer, Forwarded Electrical Division, Tirur. Sd/- 4. The Assistant Engineer, Chairperson Electrical Section, Chelari.

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