ANRIYA DWELLINGTON APARTMENT ASSOCIATION Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioner, M/s. Anriya Dwellington Apartment Association ('Association' for short) of owners and occupants of M/s. Anriya Dwellington Apartment, a Multi-storied Building, has approached this Court by way of present writ petition challenging the impugned demand of Rs.37,79,404/- raised by the Respondent -Assistant Executive Engineer, (Electrical)- 6th Central Sub-Division, BESCOM, Mathikere, Bengaluru.

(2.) The reason assigned in the said demand by the Assistant Executive Engineer is that the new Meter installed at the said Building on 04/06/2005 after the earlier Meter bearing RR No.MSC6EH4852 was serviced on 20/11/2004 with sanctioned load of 22 KW. was replaced on 04/06/2005 and in the new Meter, a constant of 50/5 Amps. ratio which is equivalent to 10 counts was so installed, but, while raising the Bills, during the contemporary period between 04/06/2005 to 06/04/2013, on account of an arithmetical error and bona fide lapse of multiplying the Meter reading in the Meter installed on 04/06/2005, the multiplication of '10K' was not done to arrive at the actual consumption charges chargeable from the Consumers or the Members of the petitioner Association and therefore the said recovery was raised by the impugned order Annexure A dated 17/04/2013.

(3.) The petitioner Association filed its complaint against the said order before the Consumer Grievances Redressal Forum, BESCOM, Bengaluru, which also rejected its complaint with the following observations. "It is noticed that the installation was fixed with 10K constant at 50/5 ratio of CT reading. The constant was not applied at the time of issuing the bills and the dereliction of duty by the employees of the subdivision is evident. It is the requirement to make demand for not charging the constant. It is also noticed that the issue regarding unauthorized use of power for commercial purpose falls under the provision of section 126. Therefore, the following order is passed.