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ELECTRIC SUPPLY AND DISTRIBUTION CODE


 
 
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APPEALS

44.01 Any Consumer aggrieved by claims made by the Licensee on ground of prejudicial use of power or on account of faulty metering equipment or due to any supplemental claims, may file an appeal to the prescribed Appellate Authority within 30 days from the date of bill of claims served on him, under intimation to the office of issue, by making payment as indicated below:

I PERMANENT / TEMPORARY INSTALLATION:

    1. Dishonest abstraction / consumption /
    2. use is alleged 50 % of the claims or more.

    3. Other cases: 25% of the claims or more.

NOTE: However in case of domestic installations of permanent nature, Consumers may prefer an appeal by making payment of only undisputed amount out of the total billed amount.

44.02 The Consumer is liable to pay the interest on the amount finally decided by the Appellate Authority (less the amount paid by the Consumer before the due date, if any) from the due date of the original claim.

44.03 The First Appellate Authority shall decide the case with in 120 days and communicate the orders thereon to the Consumer and the office of issue. The Consumer shall pay the amount if any, as decided by the First Appellate Authority together with interest, within 30 days from the date of the claim served on him from the office of issue failing which the installation will be disconnected without further notice.

In case any amount becomes refundable as per the decision of the First Appellate Authority, such amount shall be adjusted towards future bills of the Consumer within 30 days from the date of the order of the First Appellate Authority.

If the dispute is not decided by First Appellate Authority within above time limit the Consumer is not liable for payment of interest on the arrears for further period beyond120 days.

44.04 If the Licensee’s Engineer is not satisfied with the order of the First Appellate Authority, he may file an appeal to the Second Appellate Authority within one month of the receipt of the orders.

44.05 If the Consumer is not satisfied with the orders of the First Appellate Authority, he may also file a second appeal to the Second Appellate Authority within 30 days of receipt of the order of the First Appellate Authority. However, such appeal shall be filed only after payment of 50% of the amount as decided by the First Appellate Authority, for admitting the appeal.

44.06 Second Appellate Authority shall decide the case within 60 days and communicate the orders thereof to the concerned.

44.07 Delayed appeals may be entertained at the discretion of the Appellate Authority depending upon the merits of the case and delay condonation shall be for a period of 60 days only, after duly recording the reasons for such condonation.

44.08 Action shall be taken either by the Licensee or the Consumer, as the case may be in accordance with the decision of the Second Appellate Authority.

44.09 The following officers of the Licensee shall act as Appellate Authorities depending on the amount of the claim, as noted below:

Sl.No.

Details of the case

First Appellate Authority

Second Appellate Authority

1.

Claims

not exceeding Rs.50, 000/-

Designated Authority of the Licensee.

Designated Authority of the Licensee

OR

Specially empowered officer (from out side the Licensee) if approved by the Commission

2.

Claims exceeding Rs.50,000/- but not exceeding Rs.2,50,000/-

 

---- DO ----

.

---- DO ----

3.

Claims exceeding

Rs.2, 50,000/- but not exceeding

Rs.5, 00,000/-

 

---- DO ----

 

---- DO ----

4.

Claims exceeding

Rs.5, 00,000/-

---- DO ----

---- DO ----.

 

44.10 The Commission may suomoto at any time call for and examine the record of any order passed or proceedings recorded by the Appellate Authority for the purpose of satisfying itself regarding the propriety or legality of such order or proceedings and may pass such order in reference thereto, as it may think fit and such order shall be binding on both the Licensee and the Consumer.

44.11 Detailed practice directions indicating the eligibility requirements of specially empowered officer’s appointment, and procedural guidelines are to be issued by the Commission.

45.00 APPEALS AGAINST CORRECTNESS OF METERS

i) If the Consumer disputes the accuracy of the meter, he can apply to Electrical Inspector to Government of Karnataka for testing of the meter by giving a seven days’ notice to the Licensee as per section 26 of the I.E. Act 1910.

ii) During the periodical testing of the meter, if the Consumer disputes the accuracy of the results of testing of the meter, the error in the meter need not be adjusted and meter, C.T. / P.T. if any, should be left undisturbed in position by the Licensee. The meter under dispute shall be preserved by the Licensee till it is tested by the Electrical Inspector.

  1. In such cases, the Consumer or the Licensee shall apply to the Electrical Inspector within 15 days from the date of testing of the meter by paying the specified processing fee. However the Licensee or the Consumer who applies to the Electrical Inspector shall give to other party not less than 7 days’ notice of his intention.
  2. The Electrical Inspector shall take immediate action to test the meter within one month of the application to him by the Consumer / Licensee.

iii)The Consumer shall pay on the basis of average consumption for the period between date of referring the matter to the Electrical Inspector and the decision of the case by Electrical Inspector.

iv)Further the Consumer is liable to pay back billing charges as decided by the Electrical Inspector for the back period prior to date of testing the meter by the Licensee and also for the period between the date of test by the Licensee and the date of test by the Electrical Inspector.

v) Based on the test results of the test conducted by the Electrical Inspector, the Licensee shall serve a 30 days’ notice of back billing charges to the Consumer, if any, which shall be paid by the Consumer.

vi) If the Consumer disputes the back billing charges, he can appeal to the Electrical Inspector to estimate the quantum of energy consumed by him during the period. The Consumer shall deposit 25% of the back billing charges to the Licensee before preferring such appeal. The Electrical Inspector shall proceed with the appeal only if the Consumer has paid 25% of the back billing charges with the Licensee and produced the valid receipt.

vii) The Electrical Inspector shall decide the appeal case with in 4 months. In case, the issue is not decided within the period of 4 months in unusual circumstances the Electrical Inspector shall approach the Commission for extension of time.

viii) Appeal on the decision of the Electrical Inspector shall lie with the Commission.

ix) If the Consumer is not satisfied with the decision of the Electrical Inspector, he can appeal to the Commission within one month of the communication of the revised back billing charges based on the decision by the Electrical Inspector after depositing the full amount of the revised back billing charges with the Licensee and also after paying the prescribed processing fee to the Commission.

x) If the Licensee is not satisfied with the decision of the Electrical Inspector, he can appeal to the Commission within one month of the communication of the decision by the Electrical Inspector after payment of the prescribed fee of the Commission.


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