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

MEENA .S : CHAIRPERSON

E.R. SREELATHA SELVAM : MEMBER

K. K. KUNHIKRISHNAN : MEMBER

OP NO.140/2016-17

PETITIONER :

1. Sri. Asokan.K.K, Secretary, Valayam Grama Panchayath, Valayam-P.O, Kozhikode District, Pin - 673517. RESPONDENTS : 1. The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, , Kozhikode District.

2. The Assistant Engineer, Electrical Section, KSEB Ltd., Nadapuram, Kozhikode District.

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ORDER

Case of the Petitioner:-

The petitioner is the secretary of Valayam Grama Panchayath. The petition is against the penal bill for Rs. 190966/-dated 05/12/2012 issued after the inspection conducted by the section squad of the licensee. The matter was placed before the consideration of the licensee and thereafter in the Chief Minister’s mass complaint redressal programme (“Sutharya Keralam”) in 12/2013. But no final decision is issued in this regard.

Now the Assistant Engineer issued a demand cum disconnection notice dated 14/11/2016 directing the panchayath to remit Rs.322623/- (including interest) before 30/11/2016.

The local self Government is carrying out a broad range of functions which include issuing Birth/Death and Marriage Certificate, etc. consequent to the e- Governance policy of Government, the office was equipped with 10 Computers, 2 printers and a photo copy machine. The panchayath has been paying energy charges as per the consumption recorded by the licensee.

The Mercury Bulb shown in the Mahazar as serial number (8) was a defective one used as street light and was left in the compound as an unwanted article. The television set taken for the computation of additional load was also defective and obsolete.

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The veterinary dispensary and the Krishi Bhavan functioning at the nearby two storied building were annexed to the panchayath after the commencement of Kerala Panchayath Act 1994. Even though the wiring work of the above building was completed, there occurred delay in submitting application and CD in time due to the delay in obtaining the documents from the concerned.

It became necessary for the veterinary Dispensary operating at the ground floor of the above building to preserve the essential vaccines and medicines .Further, the implementation of e-Governance compelled the Panchayath to make arrangements for a temporary usage of electricity from the pachayath Office.

It is also alleged that the licensee not conveyed any information in respect of the inspection and it was a one sided prejudiced act of the sub Engineer. On the basis of the above, the petitioner prays the Forum to quash the short assessment bill issued by the licensee.

Version by the Respondent:-

The respondents says that the short assessment bill for Rs.190966/- Was raised by the licensee after conducting a surprise inspection by the Regional Audit Officer, Vadakara with help of the section staff. The licensee adopted the procedure in accordance with the provision contained in section 126 of Electricity Act, 2003.

The inspection team detected an unauthorized load of 8KW and an unauthorized extension of 4 KW. The matter of unused defective

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mercury lamp and television set was not revealed at any stage of appeal hearing. Further the constraints that compelled the Panchayath Authorities for the unauthorized extension was not explained to the appeal authority even after giving them a reasonable opportunity for presenting version.

The consumer, after finalisation of the penal bill filed an appeal before the Deputy Chief Engineer, Electrical Circle, Vadakara but it was not accepted as the consumer failed to remit 50% of the assessed amount. Thereafter the petitioner brought the above matter before the consideration of “Sutharya Keralam”, a mass complaint redressal programme arranged by the Government of Kerala.

The present regulation does not insist the licensee to issue separate notices after the issue of the penal bill prepared on the basis of surprise inspection. The inspection was conducted in the presence of Panchayath authorities and the site mahazar was signed by the witness.

The only remedy, according to the licensee, is to prefer appeal before the State Appellate Authority by depositing 50% of the assessed amount.

Discussion, analysis and findings:-

Hearing of the case was convened on and 22/12/2016 .

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Having considered all the documents submitted and the deliberations during the hearing, the forum has come to the following conclusions leading to the decision;-

As the penal bill was issued under section 126 of Electricity Act, the case is not maintainable before this Forum. But the petitioner during the hearing on 22-12-2016 requested one month time to file appeal before the appropriate Authority.

Order:-

1) The petition is dismissed. 2) The petition can file appeal before the Appropriate Authorities within one month from 22-12-2016 after remitting 50% of the bill amount. 3) Interest liability shall be exempted during the appeal period

Dated this the 18th day of January, 2017.

Sd/- Sd/- Sd/- E.R. SreelathaSelvam K.K.Kunhikrishnan Meena.S Member II Member III Chairperson.

Endt.on CGRF-NR/OP 140/2016-17/ 963/ 16 -02-2017.

To Sri. Asokan.K.K., Secretary, Valayam Grama Panchayath,P.O., Valayam,Kozhikode - 673517. . 5

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If the petitioner is not satisfied with the above order of this Forum, he is at liberty to prefer appeal before the State Electricity Ombudsman, Charangattu Bhavan, Building No.34/895, Mamangalam – Anchumana Road, Edappally, – 682 024 (Ph: 0484 2346488)within 30 days from the date of receipt of this order.

Copy submitted to: The Chief Engineer (Distribution - North), Kozhikode.

Copy to: 1. The Deputy Chief Engineer, Electrical Circle, Vadakara. 2. The Executive Engineer, Electrical Division, Nadapuram. 3. The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Nadapuram,. 4. The Assistant Engineer, Electrical Section, KSEB Ltd., Nadapuram, Kannur District.

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