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:
- Dishonest
abstraction / consumption /
use is
alleged 50 % of the claims or more.
- 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 Licensees 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 officers 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.
- 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.
- 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. |