1 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. Lorance. K.M Chairperson (2) Smt. B. Soudamini Member (3) Shri. Jefrin Manuel Member Petitioner Sri. P.M. Aliyar, Convener, Mulavoor Kudivella Samithi, Mulavoor P.O., Muvattupuzha, Pin – 686 673. Respondent 1) The Asst. Exe. Engineer, Electrical Sub Division, Velloorkunnam 2) The Assistant Engineer, Electrical Section, Muvattupuzha No. II ======================================================== No.CGRF-CR/Comp. 21/2016-17 Date: 8/8/2016 O R D E R Background of the case: The Petitioner, Sri. P.M. Aliyar is the Convener of Mulavoor Kudivella Samithi, Mulavoor P.O., Muvattupuzha Cons. No. 3463 under the jurisdictional area of Ele. Section, Muvattupuzha No. II. The connection is utilized for pumping water for drinking water scheme. Initially the tariff assigned was LT I(a). Subsequent to tariff order dated 14-08-2014 many consumer categories were reclassified wef 16-8-14. Accordingly,on 16.8.14 the tariff pertaining to the petitioner was changed to LT VI (E). The petitioner had duly remitted all the bimonthly bills issued to him. A short assessment bill for Rs 28,334/- was served to the petitioner on 28-01-16. 2 Aggrieved by the above action of the Respondents, the Petitioner approached the licensee and lodged a complaint on 28-4-2016. But the petition was dismissed after the hearing. Hence the petitioners filed a complaint in this Forum on 6/6/2016. Subsequently statement of facts was called for from the respondents on 7/6/2016 and the same was received on 20/6/2016. The Forum afforded an opportunity to hear the petitioner and respondent on 11/7/2016. Both Petitioner and Respondent were present for the hearing. Argument of the Petitioner: The petitioner is the convenor of Mulavoor Kudivella Samithi, Mulavoor P.O., Muvattupuzha. More than 40 families are the beneficiaries of the scheme. The amount in the bills is equally shared by the families. The scheme does not get any subsidy from Government or aid from the Panchayath . The bimonthly bills were promptly paid by the beneficiaries. All of a sudden, a short assessment bill for Rs 28,334/- has come as a shock to them. The poor beneficiaries cannot bear the financial burden of the additional bill. Considering the purpose for which the supply is availed, the petitioner requests for the cancellation of the short assessment bill. Version of the Respondents: Respondents submitted that the connection was availed for the redressal of drinking water requirement of the Mulavoor initiated by Payipra Panchayath. When the Panchayath abandoned the Scheme, the people took over the scheme under their own initiative. They have remitted all their bills regularly. On receipt of the additional bill for Rs 28,334/- they complained against it on 28- 04-2016. Hearing of the case was held at the licensee’s office on 9-5-2016. But the case was dismissed stating that the additional bill cannot be cancelled on the basis of the prevailing rules. 3 Respondents claimed that the bill was issued in accordance with the letter received from Regional Audit Officer, Perumbavoor and requested the Forum to dismiss the petition. 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 complaint of the Petitioner is against the short assessment bill issued by the Respondents for Rs. 28,334/- on 28/01/2016 based on an Audit Report for a period from 1/05/2013 to 1/05/2014 and from 16-08-2014 to 10/14. Even though the petitioner had raised objections, their request for cancellation of short assessment bill was dismissed. The short assessment bill issued on 28/01/2016 is not recoverable after two years, as per the following rules. Section 56(2) of the Electricity Act 2003 states that “(2) Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity”. “152 . Anomalies attributable to the licensee which are detected at the premises of the consumer.- (1) Anomalies attributable to the licensee which are detected on inspection at the premises of the consumer, such as wrong application of multiplication factor, incorrect application of tariff by the licensee even while there is no change in the purpose of use of electricity by the consumer and inaccuracies in metering shall not attract provisions of Section 126 of the Act or of Section 135 of the Act. 4 (2) In such cases, the amount of electricity charges short collected by the licensee, if any, shall only be realized from the consumer under normal tariff applicable to the period during which such anomalies persisted. (3) The amount of electricity charges short collected for the entire period during which such anomalies persisted, may be realized by the licensee without any interest: Provided that, if the period of such short collection due to the anomalies is not known or cannot be reliably assessed, the period of assessment of such short collection of electricity charges shall be limited to twelve months: Provided further that while assessing the period of such short collection the factors as specified in sub regulation (8) of regulation 155 shall be considered: Provided also that realization of electricity charges short collected shall be limited for a maximum period of twenty four months, even if the period during which such anomaly persisted is found to be more than twenty four months”. Also, Regulation 152 of Supply Code 2014 does not permit the licensee to charge the consumer for any anomaly after 24 months. Also , Regulation 97 of Supply Code 2014 has not been complied in this case which reads as follows:- “97. Suo motu reclassification of consumer category by the licensee.- (1) If it is found that a consumer has been wrongly classified in a particular category or the purpose of supply as mentioned in the agreement has changed or the consumption of power has exceeded the limit of that category as per the tariff order of the Commission or the category has changed consequent to a revision of tariff order, the licensee may suo motu reclassify the consumer under appropriate category. (2) The consumer shall be informed of the proposed reclassification through a notice with a notice period of thirty days to file objections, if any. (3) The licensee after due consideration of the reply of the consumer, if any, may reclassify the consumer appropriately. 5 (4) Arrear or excess charges shall be determined based on the actual period of wrong classification and the account of the consumer shall be suitably adjusted. (5) If the actual period of wrong classification cannot be ascertained reasonably, the period shall be limited to a period of twelve months or a period from the date of last inspection of the installation of the consumer by the licensee whichever is shorter: Provided that in the case of reclassification consequent to change of the purpose of supply by the consumer without due authorisation, the licensee may examine each case and initiate proceedings under Section 126 of the Act if found necessary. Based on the aforesaid discussion, Forum decides to revise the bill w.e.f 28/01/2014 in accordance with Section 56(2) of the Electricity Act 2003. DECISION: The Respondents are directed to revise the short assessment bill dtd. 28-01-2016 by limiting the period to preceeding 2 years i.e. from 28/1/2014 onwards. The petition is disposed as above Dated this 8th day of August 2016. 1) Smt. B. Soudamini Sd/- 2nd member 2) Sri. Jefrin Manuel Sd/- 3rd member Endt. On CGRF-CR/Comp. 21/16-17 Sri. P.M. Aliyar, Convenor, Mulavoor Kudivella Samithi, Mulavoor P.O., Muvattupuzha, Pin – 686 673. 6 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, Perumbavoor (2) The Executive Engineer, Electrical Division, KSEBL, Muvattupuzha (3) The Asst. Exe. Engineer, ESD, KSEBL, Velloorkunnam (4) The Asst. Engineer, Ele. Section, Muvattupuzha No.II .