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CONSUMER GRIEVANCE REDRESSAL FORUM CENTRAL REGION (Formed under Section 42(5) of the Electricity Act 2003) 220 kV Substation Compound, HMTColony P.O. Kalamasery, Pin – 683 503 Phone No. 0484-2556500 Website : cgrf.kseb.in, Email : [email protected], CUG No. 9496008719

Present (1) Shri. Narayanan M.K Chairperson (2) Smt. B. Soudamini Member (3) Shri. Jefrin Manuel Member

Petitioner The Secretary, Trinity High Grove Apartment Owners’ Association, Opp. Model Engineering College, Thrikkakkara, , – 682 021

Respondent 1) The Asst. Exe. Engineer, Electrical Sub Division,

2) The Assistant Engineer, Electrical Section, Thrikkakkara ======No.CGRF-CR/Comp. 86/2016-17 Date: 21/12/2016

O R D E R Background of the case: The Petitioner, The Secretary, Trinity High Grove Apartment Owners’ Association, Cons. No. 1157312019195 is in the name of Sri. Joy Jacob from 23/2/2011 registered under Ele. Section, Thrikkakkara and now coming under Ele. Section, Thrikkakkara West under LT I(a) tariff. During an APTS inspection on 29/6/2016, it was find out that the multiplication factor used for billing is 20 instead of multiplication factor 40. Hence a short assessment bill for Rs. 15,18,605/- were issued to the consumer. Aggrieved by this, the consumer approached this Forum.

Subsequently, statement of facts was called for from the respondent and it was received on 7/11/2016. The Forum afforded an opportunity to hear the 2 petitioner and respondent on 26/11/2016. Both the parties were present for the hearing.

Argument of the Petitioner:

The complainant is an Apartment Owners Association namely the Trinity High Grove Apartment Owner’s Association, Thrikkakkara, Ernakulam represented by its Secretary, which is an Association registered under the Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The above Apartment Owners’ Association was registered on 3/2/2013.

The short assessment bill was issued due to the reason that omission of multiplication factor and the short assessment has occurred due to the fault of meter reader or officials of KSEB and not due to the fault of any of the residents or office bearers of association. Hence the Petitioner approached this Forum to set aside the short assessment bill or, to limit the short assessment period from 1/9/2015 to 31/8/2016 or to limit the short assessment period from 1/9/2014 to 31/8/2016.

Version of the Respondent:

The Cons. No. 1157312019195 is in the name of Sri. Joy Jacob from 23/2/2011 registered under Ele. Section, Thrikkakkara and now coming under Ele. Section, Thrikkakkara West under LT I(a) tariff. During an APTS inspection on 29/6/2016, if was found out that the multiplication factor used for billing is 20 instead of multiplication factor 40. Hence a short assessment bill for Rs. 15,18,605/- was issued to the consumer.

The date of connection was on 23/2/2011 and the CTs used at that time was Power Tech Make, 200/5A and meter was 5 Amp. Hence the multiplication factor is 200/5 = 40. But this was wrongly recorded as 20 from the beginning. Hence only half of the energy consumption was billed during this entire period. This was found out during an APTS inspection on 29/6/2016. 3

Sine only half of the energy was billed earlier, the balance quantity was billed as an undercharged bill. Hence bill is sustainable as per Regulation 134 of Supply Code 2014 and the licensee is eligible for realizing the short collected amount without any interest as per Regulation 152(1). Hence the demand has raised and issued to the consumer.

Analysis and findings

Having examined the petition in detail, and the statement of facts of the respondent, considering all the facts and circumstances in detail, and perusing all the documents of both sides, the Forum comes to the following observations, conclusions and decisions thereof.

The short assessment bill was issued for the entire period from the date of connection from 23/2/2011, since the anomaly “wrong application of multiplication factor” was persisted from the date of effecting connection. It was found out during the APTS inspection on 29/6/2016 and the short assessment bill for Rs. 15,18,605/- dtd. 23/9/2016 was issued.

During the pendency of the case before the Forum, complainant had approached the Hon’ble High Court of by filing W.P© No. 33837/16. The Hon’ble High Court granted stay of the impugned bill vide order dtd. 21/10/2016. Complainant counsel submitted a letter to that effect before the Forum on 26/11/2016. Now it is clear that the entire issue is pending before the Hon’ble High Court of Kerala considering present situation, Forum decided to dismiss the complaint.

The above petition is dismissed.

The petitioner is at liberty to file appeal before the Electricity Ombudsman, (0484- 2346488) within 30 days of receipt of his order, if not satisfied with this decision.

Dated this 21st day of December 2016.

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1) Sri. Narayanan M.K. Sd/- (CHAIRPERSON

2) Smt. B. Soudamini Sd/- 2nd member

3) Sri. Jefrin Manuel Sd/- 3rd member

Endt. On CGRF-CR/Comp. 86 /16-17

The Secretary, Trinity High Grove Apartment Owners’ Association, Opp. Model Engineering College, Thrikkakkara, Ernakulam, Kochi – 682 021

Copy Submitted to: The Chief Engineer, Distribution Central, KSEB, Gandhi Square, DH Road, Kochi -16.

Copy to: - (1) The Deputy Chief Engineer, Electrical Circle, KSEBL, Ernakulam (2) The Executive Engineer, Electrical Division, Thripunithura (3) The Asst. Exe. Engineer, ESD, K.S.E.B, Vyttila (4) The Asst. Engineer, Ele. Section, Thrikkakkara