CONSUMER GRIEVANCE REDRESSAL FORUM NORTHERN REGION, KOZHIKODE. (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

LEKHARANI R : MEMBER

ROBIN PETER : MEMBER

OP No.64/2020-21

PETITIONER :

Sri.Prathap Menon R, Sarala Nivas, Kakkadampoil P.O, Valamthode,-673604 RESPONDENTS :

1. Assistant Executive Engineer, Electrical Sub Division, ,- 679329.

2. Assistant Engineer, Electrical Section, KSEB Ltd, Akampadam,Malappuram District- ORDER

Case of the Petitioner:- The petitioner Sri Prathap Menon R, Kakkadampoil, Malappuram under the jurisdiction of electrical section Akambadam bearing consumer No.1167965000259 complains that he has been issued with an exorbitant bill for Rs58364/- The petitioner is astonished to see such a bill issued during the period from 16.2.2019 to 19.6.2020 stating ‘door lock bill’. He being away working at and the electric meter is safely placed/fitted near a byre after the demolishing of house issuance of such a bill is quite unjustifiable. More over during the above said period entire bills have been remitted. The meter is fitted in such a manner that it is accessible and the gate is never kept locked. The bill issued under the title of ‘door locked’ can not be accepted and never issued any notice with respect to the faultiness of the meter. The meter reader has not informed regarding any earth leakage whatsoever. The petitioner though intimated the issue with the section office Akambadam, no favorable action has been initiated. Hence the Hon’ble Forum is sought to intervene the matter and issue an order at the earliest.

Version by the Respondent:-

The complainant is a consumer bearing No.1167965000259 under electrical section Akampadam. The supply is given in single phase with a connected load of 4100 watts. The applicable tariff to the consumer is LT-IA. The supply of electricity is provided to the consumer for the domestic purpose and is in the bi monthly LT

2 billing stream coming in the billing area code B01/14/45 under the Valanthode school distribution transformer. The consumer’s energy meter reading was not accessible from 22.8.2019 to 27.4.2020 since the premises was in the Gate locked condition and also due to to the supply failure. A true copy of the statement of meter reader is submitted herewith.

On 27.4.2020, the meter reader noticed a huge consumption having a final reading 6681 in the energy meter. The care taker Sri.Kuttinarayanan was informed the matter from the section office over phone to check the installations since the registered consumer was not residing in the premises during the period. The average consumption for which bills issued during the door locked condition was 76 units bimonthly.

The care taker who approached the section office was informed about the huge consumption and future billing liabilities, Also advised him to go with the meter testing procedures as early as possible. Sri. Kuttinarayanan (the care taker of the premises) applied for testing the installation with a good parallel energy meter on 05/05/2020 and fee of Rs. 41/- remitted at section office.

A parallel meter was installed on 08/05/2020 for testing the accuracy of the existing energy meter and the testing was completed on 18/05/2020. The details of the testing have informed to the care taker at the site itself. The true copy of the installation testing request by the care taker and the test report of Sub Engineer is herewith submitted. The installation testing report on 18/05/2020 were:- 3 PARALLEL METER ATTACHED IN THE PREMISES OF THE CONSUMER ON 08/05/2020 TESTING COMPLETED ON 18/05/2020

Sl.No. Particular Reading

1 Initial Reading of the parallel meter dated 08/05/2020 171 kwh

2 Initial Reading in the consumer meter dated 08/05/2020 6898 kwh

3 Final Reading in the parallel meter on 18/05/2020 209kwh

4 Final reading in the consumer meter on 18/05/2020 6936 kwh

5 Consumption recorded in both meters 38 units

DIFFERENCE NOTED NIL

On 18/05/2020 the premises was inspected by the revenue overseer and found that the motor used for pumping water is consuming huge quantity of energy. The abnormal energy consumption of the water pumping motor has been informed to the care taker presented at the premises on the same day itself. The parallel meter installation and test completion were done in the presence of the care taker. The motor used for pumping water was actually used by the caretaker for cattle/cow bath and possessed earth leakage problems. For the time being bill dated 27/04/2020 issued to the consumer in door lock condition with an average consumption of 76 units.

The next bill date was on 17/06/2020. The final reading accessed after clarifying the reading pattern to the care taker based on the installation testing was 7049 kwh. The door lock status in the in the system were opened for billing purpose and a final bill of Rs.58364/- served to the care taker with bill date

4 19/06/2020. In the bill Rs.48,573/- shown as door lock revision arrears from 22/08/2019 to 19/06/2020. The total consumption recorded during the period is 6663 units. The details of bills have served to the care taker in time since the registered consumer was out of station. The true copy of the bill dated 19/06/2020 and door lock revision particulars are herewith submitted .

After accepting the bill, the care taker Sri. Kuttinarayanan (on behalf of the registered consumer Sri. Pratap .K. Menon) submitted a request to the Assistant Engineer, Electrical Section Akampadam for waiving the huge bill amount served on 19/06/2020. In the request he admitted that the huge consumption recorded in the energy meter was due to earth leakage problem while he using the motor pump for washing cattles/cows. The care taker also stated that he has stopped the usage of the motor having the earth leakage problem for avoiding huge consumption in future. The true copy of the request for waiving the energy bill submitted by the care taker Sri. Kuttinarayanan is herewith submitted.

The Assistant Engineer, Electrical Section, Akampadam also intimated the consumer in writing regarding the provision of detailed meter testing in any laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL) if he desires. The door lock status was not able to serve to the registered consumer since he himself, as stated in para (2) of the complaint was residing at Bangaluru for long time. The service connection purpose change has not been intimated by the

5 consumer to the licensee so far. The details of the earth leakage issues have informed to the care taker in time since the consumer has not furnished the present communication address after leaving to Bengaluru for job purpose.

Here in this case the amount was reliably assessed on 19/06/2020 based on the actual consumption recorded in the energy meter and the bill was issued accordingly. Moreover the right of the licensee to demand and realize the actual amount due from the consumer was established by the regulation of Supply Code 2014. The care taker Sri. Kuttinarayanan has informed over phone about the installment facility for payment of bills as per the regulation of Electricity Supply Code 2014.

The contention of the petitioner that the information has not given regarding the huge energy consumption is not true the facts. The fact is that proper intimation has given to the caretaker immediately after identifying the huge consumption and proper action has initiated immediately after the request for installation testing submitted by the care taker before finalizing the energy bill. The bill dated 19/06/2020 has issued to the consumer without any penal charge and is based on the actual consumption recorded in the energy meter. It cannot be ignored that the consumer has actually sued the energy and hence liable to pay the correct charges for the energy he has consumed.

Hence it is respectfully submitted that the petitioner is not entitled for any relief as sought for in the above petition and pray

6 before the Hon’ble Forum to declare that the actions of the licensee are well within the purview of the prevailing rules and is in order and prayed to dismiss the petition with cost.

Discussion, analysis and findi ngs :- As the hearing could not be conducted in usual way due to ‘Covid- 19’ protocol, hearing was convened through call conference on 13.11.2020 based on the willingness of the petitioner. Both petitioner and respondent attended hearing.

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 is aggrieved by an exorbitant bill dated 19.6.2020 for Rs58,364/- issued by the respondent. According to the petitioner there is no considerable consumption as the house is demolished and the meter is shifted to a shed existing in the compound.

KSEBL authorities failed to take reading instead issued average bill noting ‘Door locked’ from 8/2019 onwards up to 6/2020. While taking reading in 4/2020, abnormal reading was noted and average bill issued with direction to check the wiring. Based on that fuse unit, ELCB, Meter board etc. are refitted. The working of the meter is checked using another meter and bill issued for Rs58,364/- in 6/2020 stating that the meter is working properly.

According to the respondent, the reading could not be taken from 8/2019 to 4/2020since the premises was in gate locked condition. The petitioner opposed that during hearing and stated that the average bills noting ‘door locked’ were placed in the meter board each time and how will it possible if the meter is not made accessible. To that respondent’s

7 argument is that as the premises is situated in an isolated hilly area power failure was also there which obstructed taking readings. If the meter reader could take readings before 4/2020 this much of energy wastage could have been avoided.

According to the respondent, on inspection it was detected that the motor used for pumping water is consuming huge quantity of energy and leakage of current to earth might be the reason for abnormal consumption.

But the respondent’s side failed to prepare site mahassar while checking that.

The respondent has not established particularly the cause of leakage of current. The facts that the meter is working properly and low usual consumption pattern of the petitioner indicates that there occurred of wastage of energy due to leakage of current to earth. If the petitioner while shifting the meter had fixed the meter properly using ELCB etc. the leakage of current could have been arrested.

Thus the Forum observed that there was lapse on the part of both the respondent and the petitioner in averting wastage of energy through earth which amounts to 6663 units.

The assessed bi monthly consumption of the petitioner after the disputed bill period is 158 units. The expected energy consumption for the disputed period i.e. from 8/19 to 6/20 is 158x6=948 units. The expected wastage of energy due to earth leakage is 6663-948=5715 units.

In a similar case,Kerala Electricity Ombudsman ordered vide order No.P/020/2022/0753 dated 27.8.2020 to bear the cost of wastage

8 of energy equally by the petitioner and respondent.

Hence as the respondent and petitioner is equally responsible for the wastage of energy, the respondent is ordered to revise the bill issued in

6/2020 taking the consumption as 2858 units (50% of 5715 units) and also allowed to remit it in 6 equal installments.

The bill issued for Rs58,364/- on 19.6.2020 is quashed.

The petition is disposed off accordingly.

DECISION:-

1. The petition is allowed.

2. The bill issued for Rs58,364/- is quashed. The respondent shall revise the bill taking the consumption as 2858 units.

Dated this the 19 th day of Nov , 2020

Sd/- Sd/- Sd/- Robin Peter Lekharani R Beena Gopinath. S

Member Member II Chairperson.

Endt.on CGRF-NR/OP 64/2020-21 /220 dtd: 19 /11/2020 Forwarded to: 1) Sri.Prathap Menon R, Sarala Nivas, Kakkadanpoil P.O, Valamthode, Malappuram. 2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd,Nilambur Malappuram District. Copy submitted to: Chief Engineer (Distribution –North) Kozhikode.

9 Copy to:

1. The Secretary, KSEB Ltd., Vydyuthibhavanam, .

2. Deputy Chief Engineer, Electrical Circle, Nilambur 3. The Executive Engineer, Forwarded Electrical Division, Nilambur . Sd/- 4. The Assistant Engineer, Electrical Section, Akampadam, Chairperson KSEB Ltd., Malappuram District.

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