PREJUDICIAL USE OF SUPPLY

Unauthorised increase in load (Applicable to LT Installations)

(i) IN CASE OF INSTALLATIONS WITH ELECTRONIC TRIVECTOR METER AND OPTED FOR DEMAND BASED TARIFF: -

a) If the Maximum Demand recorded is in excess of the sanctioned load indicated in the power supply Agreement, the Consumer shall on demand pay to the Licensee for such extra-recorded demand, at twice the normal rates applicable. The penal charges shall be restricted to that particular month only.

b) If the maximum demand is less than sanctioned load no penalty is applicable irrespective of connected load

(ii) IN CASE OF INSTALLATIONS WITH ELECTRONIC TRIVECTOR METER AND NOT OPTED FOR DEMAND BASED TARIFF

In case of existing installations where an Electro Mechanical Meter is replaced by a Electronic Trivector Meter, if the M.D. recorded is in excess of the sanctioned load that is indicated in the power supply Agreement, during the very first month’s meter reading immediately after fixing the Electronic Trivector Meter, then the Consumer shall on demand pay to the Licensee for such extra recorded demand at twice the normal rates applicable for such period as may be deemed justified in the circumstances of any given case subject to a maximum period of six months.

Note: -(a) In the above case, if the M.D. recorded is more than the sanctioned load during second and subsequent months immediately after an Electro Mechanical Meter is replaced by an Electronic Trivector Meter, then penal charges for excess connected load based on inventory shall be restricted to that particular month only. Further action to regularize the excess connected load shall be taken as per Section 42.01(v)

(b) If the MD recoded is less than the sanctioned load but found during inspection that the Consumer has connected excess load over the sanctioned load, the penal charges for such excess connected load shall be payable by the Consumer for that month and up to removal or regularization of excess load.

(iii) IN ALL OTHER CASES

If at any time the connected load of an installation is un-authorisedly increased in excess of the sanctioned load indicated in the power supply Agreement or if the rated load at any time is in excess of the sanctioned load then without prejudice to any criminal prosecution or other legal action which the Licensee may take against the Consumer, the Consumer shall on demand, pay to the Licensee for such connected load / rated load exceeding the load indicated in the Agreement (Unauthorised load) at twice the normal rates applicable for such period as may be deemed justified in the circumstances of any given case subject to a maximum period of 6 months.

NOTE: - Penal charges for the energy consumed due to the excess load shall not be levied since it is metered and already billed.

(iv) The amount so claimed as above in (i), (ii) & (iii), shall be paid within 30 days from the date of claim failing which the installation is liable for disconnection and such amount shall be deemed as arrears of the Electricity charges.

(v) If there is unauthorised load as above, the jurisdictional O & M. Engineer in charge of the Accounting unit shall serve a notice to the Consumer and continue the power supply for a maximum period of 3 months subject to levy of penal charges as specified above. If the Consumer does not regularise the excess load or remove the excess load and intimate the same to the Licensee within the expiry of 3 months period, the installation shall be disconnected.

42.02 MISUSE OF ELECTRICITY

(Applicable to both HT and LT. Installations)

(a) If at any time the energy supplied under one method of charging is misused for purpose for which a higher method of charging is in force, the jurisdictional Engineer of the Licensee in charge of Distribution shall assess the quantum of energy and difference in fixed charges for such period as may be justified in the circumstances of any given case subject to a maximum of 6 months & charge at twice the normal rate applicable to the purpose for which the energy is misused. Such amount shall be paid by the Consumer within thirty days from the date of claim failing which the installation is liable for disconnection and such amount shall be deemed to be arrears of electricity charges.

Note: The basis for assessing the period and the quantum of energy misused shall be recorded by the Assistant Executive Engineer, and intimated to the Consumer. The Consumer shall be given an opportunity to verify the basis of assessing the period and quantum of energy misused and represent on the computed consumption.

(b) From the date of detection till such time the misuse is discontinued and reported by the Consumer to the Licensee in writing or the loads are suitably bifurcated by complying with the relevant requirements of Licensee, the higher Tariff shall be applicable at twice normal rates on the proportionate consumption and Demand charges / Fixed charges of the installation. The entitlement shall be revised, as applicable, to the higher Tariff.

The misuse shall be regularized with in 3 months failing which the power supply to the installation will be disconnected.

(c) If at any time during the course of inspection, the Licensee finds that the Consumer has used energy for a purpose which attracts lower Tariff, such use does not amount to prejudicial use and no revision of bill will be made in such cases, unless there is unauthorised excess load.

(Applicable to HT Installation and also to the LT installations opted for Demand based Tariff)

(a) If at any time the maximum demand recorded exceeds the Contract Demand or the Demand Entitlement during periods of restrictions in case of HT Installation and sanctioned load in case of LT installation, if any, the Consumer shall pay for the quantum of excess demand at twice the normal rate per KVA / HP per month as penal charges.

(b) For the excess demand drawn in any month the installation shall be liable for disconnection for a period as noted here under at the discretion of the Licensee, besides payment of penal charges as per Section 42.03(a) above.

Above 25% excess demand drawn over the permitted

Demand or Contract Demand 3 Days

In a HT installation, if there is any change of machinery or product line, the same shall be intimated by the Consumer to the Licensee along with approval, if any, required from the competent authorities, to enable the Licensee to examine whether such a change would cause disturbance to the Licensee’s system or change in policy regarding imposition of restrictions, if any, as the case may be.

If any such deviation, which is detrimental to the interest of the Licensee, is carried out, the same shall be deemed as prejudicial use of supply and may entail disconnection of the installation.

UNAUTHORISED EXTENSION OF SUPPLY

(Applicable to both HT and LT Installations)

If at any time energy supplied to a Consumer / premises is found extended unauthorisedly to some other person / premises, the installation will be disconnected forthwith. The installation shall be reconnected only after unauthorised extension of supply is removed and reported by the Consumer. Further the jurisdictional Engineer of the Licensee in charge of distribution, shall assess the quantum of energy and excess load so extended and charge for that quantum for such period as may be deemed justified in the circumstances of any given case subject to a maximum period of 6 months, at twice the normal rate of Tariff applicable for a purpose for which the energy is so extended.

Such amount shall be paid within thirty days from the date of claim, failing which the installation shall be disconnected, and such amount shall be deemed to be arrears of electricity charges.

Note: In respect of installations which are in service for not more than six months and temporary installations, the minimum period specified above may be suitably reduced keeping in view the date of service.

(a) Where it is prima-facie established to the satisfaction of the authorised Engineer of the Licensee that the Consumer or his agent, servant etc., has committed / is committing an offence in terms of section–39 (Theft of Energy), 44(Interference with meters, etc) or of any other provision of the I.E. Act 1910 or this Code, such Engineer of the Licensee shall estimate the value of the electricity thus abstracted, used or wasted or diverted, in accordance with the calculation table as noted hereunder, for a period of six months or for such other period as may be deemed justified in the circumstance of any given case at thrice the rate of Tariff applicable to such category of installation or at thrice the normal Tariff applicable to the purpose for which the energy is abstracted, used or consumed or wasted or diverted, which ever is higher and demand and collect the same by including the same in the next bill or in a separate bill. Such amount shall be deemed to be arrears of electricity charges.

b) Neither failure to launch a prosecution nor the acquittal of the Consumer in any criminal case launched against him for committal of any offence under section-39 (Theft of Energy) and 44(Interference with meters, etc) of I.E. Act 1910 or such other provision, on the ground other than that the prosecution case is false, shall bar the proceedings under the above provision.

c) Where any Consumer or his agent or servant, etc., is / was found committing any of the offences mentioned above, Licensee reserves the right to disconnect the installation forthwith and without notice. However, the supply may be restored at the discretion of the Licensee if the Consumer pays the penal charges demanded and takes such other action as may be directed by the Licensee.

d) If any Consumer obstructs the Licensee’s Engineer from inspecting the premises at any time, to which supply is being given, the Engineer of the Licensee may disconnect the supply forthwith and with out notice and such obstruction shall be a prime-facie proof of prejudicial use of electricity and shall make the Consumer liable to pay the penal charges as specified above.

e) In case of prejudicial use of power supply under Sections 42.01,42.02,42.05,42.06, the Licensee should draw mahazar at the time of inspection when such prejudicial use is detected. The mahazar shall be drawn in the presence of the Consumer or his representative along with two other witnesses who shall sign the mahazar report. One copy of such report shall be handed over under acknowledgment of the Consumer or his representative.

(A) LT.INSTALLATIONS: Units per month per KW of connected load as found during inspection or the sanctioned load, whichever is higher shall be taken for preferring the back billing charges.

(B) H.T. INSTALLATIONS: Maximum demand on the basis of the actual highest Maximum Demand recorded during any of the previous 24 (Twenty four) billing months immediately preceding the date of inspection or the contract demand, whichever is higher, plus energy at 140 units per KVA of Maximum Demand so assessed per shift.

Note: Applicable to both HT / LT INSTALLATIONS:

1) The above table is applicable when there is no recording in the meter during the relevant period. If there is any recording in the meter during the relevant period, the recorded quantum shall be deducted from the estimated quantum as per the table and such difference shall be the electricity dishonestly abstracted, used, wasted or diverted.

2) In case of I.P.Sets where theft of power either by direct hooking or new connection serviced without sanction or installing of higher Horse Power Motor is noticed, the back billing charges at three times the highest energy rate prescribed for the metered category of I.P.Sets shall be levied for a period of six months or for such other period as may be deemed justified in the circumstances of any given case.

Preferring back billing charges on account of prejudicial use of power:- The jurisdictional Engineer of the Licensee shall serve a provisional bill with 15 days’ notice to the Consumer to file his objections, if any, against the provisional back billing charges on account of prejudicial use of power and obtain his reply. After considering the objections of the Consumer the Sub divisional Engineer shall issue the final bill. The Consumer shall be intimated to make the payment within 30 days from the date of intimation failing which the power supply to the installation shall be disconnected and amount of back billing charges shall be deemed to be arrears of electricity charges. The Licensee shall indicate in the back billing notice the provisions of appeal under Section 44.00 & 45.00.

If the Consumer is aggrieved by claims made by the Licensee on ground of prejudicial use of power or due to any supplemental claims, he may file an appeal to the Appellate Authority of the Licensee within 30 days from the date of bill of claims served on him, under intimation to the office of issue as per Section 44.00.

If the Consumer is aggrieved by claims made by the Licensee on grounds of inaccuracy of the meter / metering equipment, 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 45.00

If power supply is availed by the Consumer on the basis of fake / fraudulent documents, the Licensee reserves the right to disconnect the installation forthwith and to forfeit the deposits, without prejudice to the recovery of dues, if any.