STATE ELECTRICITY BOARD ORDER OF THE CONSUMERS’ GRIEVANCE REDRESSAL FORUM, CENTRAL REGION,

(Present (1) Sri.P.K.Abdul Jabbar, Chairperson, (2) Smt.Jyothy.P.V, Member (3) Sri. Sasidharan Unnithan Member

Petitioner Smt. Lathika. P.K, Sarathi Hospital, Elookkara, P.O., Kadungallur, Ernakulam Dist.

Respondent 1) The Asst. Executive Engineer, Electrical Sub Division, KSEB, Aluva Town.

2) The Asst. Engineer, Electrical Section, KSEB, Edayar.

======No.CGRF-CR/Comp. 124/2009-10/ Dated: 4/2/10

ORDER

Smt. Lathika P.K, Sarathi Hospital, Elookkara, Aluva P.O., Kadungallur, Ernakulam Dist. (Cons. No. 7520 LT VIB under Ele. Sec., Edayar) filed a complaint (No. 124) before this Forum on 19/12/09.

In the petition, along with other points, the petitioner stated that she received a communication dtd. 24/11/09 from the AE directing to remit an amount of Rs. 23666/- as back assessment for the period from 2/09 to 7/09 accompanied by a bill for the same amount. She quoted clauses 19 (1) and 19 (2) of the Supply Code 2005. She sought to set aside the Invoice No. 59443 dtd. 23/11/09.

Subsequently, the Statement of Facts from the Asst. Executive Engineer, Aluva was called for. The same was filed on 7/1/2010.

In the Statement of Facts, along with other points, the AEE stated that the consumption pattern of the consumer shows that there is an average consumption of 1082 units during 8/08 to 1/09. While after that, the meter slowing down due to some reason, the consumption decreased month by month and ceased to record in 7/09. Hence the consumption recorded for the previous six months before the meter faulty period was back assessed with the average consumption after changing the meter. Meter was changed on 30/7/09. The invoice was issued as per regulation 33 (2) of Supply Code 2005. He also quoted regulation 19(2). Hence the disputed bill is legally sustainable and liable to be remitted.

The petitioner was afforded an opportunity of being heard on 9/12/09 and 29/1/10. During the hearing, along with other points, the Petitioner and the Respondent re-iterated their main points in their respective written versions.

Heard. On examining the petition, the statement of facts of Respondent, and perusing all the documents of both sides, the Forum comes to the following conclusions and decisions thereof.

2

The Petitioner is challenging Bill No. 59443 dtd. 23/11/09 for Rs. 23666/-, which is a back assessment for the alleged/suspected meter ‘faulty’ period from 2/09 to 7/09. According to her, even according to the KSEB, the meter became faulty in 7/07 and was replaced immediately and hence there is no substantial meter faulty period. The Respondent on the other hand stated that the meter was running slow even before it ceased to record. He relied on the consumption pattern during the previous months, which is apparently lesser than the consumption recorded after the change of the meter. But according to the petitioner, the premises is an Ayurvedic Hospital and the consumption will vary according to the number of inpatients from time to time and the meter was recording consumption correctly. The same was replaced immediately. Here the meter faulty period should be the period from 7/09, the date on which the meter was found faulty, to the date of replacement of the same. During the hearing, the petitioner fairly agreed to assess the meter faulty period, if any, from 7/09 till the replacement of the faulty meter.

Considering the entire facts, evidences and circumstances of the case on record we find just and proper to cancel the impugned bill. Hence the impugned bill is quashed. The Respondent is at liberty to reassess the meter faulty period, if any, from 7/09, when the meter was found faulty, till its replacement, based on the previous average consumption for the six months prior to 7/09. Excess amount, if any, by the petitioner shall be adjusted in the future bills.

The petitioner is at liberty to file appeal before the Hon’ble Electricity Ombudsman within 30 days of receipt of this order, if the petitioner is not satisfied with this decision.

The petition is disposed off accordingly.

Dated this the 4th day of February, 2010

Sd/- 1) Sri.P.K.Abdul Jabbar (CHAIRPERSON) Sd/- 2) Smt.Jyothy.P.V Member Sd/- 3) Sri. N. Sasidharan Unnithan Memebr

Endt. On CGRF-CR/Comp. 124/2009-2010/ 4/2/2010

To Smt. Lathika. P.K, Sarathi Hospital, Elookkara, Aluva P.O.,

(By registered post) Copy Submitted to: (1) The Chief Engineer, Distribution Central, KSEB, Gandhi- Square, DH Road, -16. Copy to: - (1) The Deputy Chief Engineer, Electrical Circle, KSEB, (2) The Executive Engineer, Electrical Division, KSEB , Aluva. (3) The Assistant Executive Engineer, Electrical Sub Division, K.S.E.B. Aluva Town. (4) The Assistant Engineer, Electrical Section, KSEB, Edayar.

CHAIRPERSON