Section 23 in The U.P. Electricity Supply (Consumers) Regulations, 1984
23. Assessment and Appeal.
- (i) The Executive Engineer shall finalise all the assessment cases after giving an opportunity to the consumer to state his point of view.(ii)If the consumer is dissatisfied with the assessment so made, he may within 15 days of the receipt of assessment bill, appeal to the Superintending Engineer. The memorandum of appeal shall be in legible writing, on full-scape paper in triplicate duly signed by the consumer. All materials on which the applicant (consumer) seeks to rely for purposes of his appeal, shall be sent alongwith the memorandum of appeal.(iii)The appellate authority shall dispose off the appeal after considering the submission of the appellant in the memorandum of appeal, the material placed before him by the appellant and the enquiry records. It shall not be obligatory for the Appellate Authority to give a personal hearing, but if a request is made in that behalf he may grant such hearing to the appellant. The appellant may be represented at such hearing by a legal practitioner or any person duly authorised in that behalf.(iv)The appellate authority may,-(a)confirm, reduce, enhance or annul the assessment, or(b)set aside the assessment and order fresh disposal of the case with or without further enquiry, or(c)conduct a further enquiry itself or call for a report from the lower authorities and dispose off the appeal in the light of such further enquiry or report, or(d)pass such other orders as it deems fit :Provided that no order adverse to the consumer shall be passed without giving notice and opportunity for a written representation to the consumer :Provided further that if the consumer fails to turn-up in spite of giving reasonable opportunity of being heard the appellate authority may proceed ex parte and decide the case on merits.(v)The appellate authority shall give reasons for his conclusions except in cases where the appeal is allowed in toto. The order in appeal shall be final and binding on the consumer.(vi)The period of assessment for malpractice and pilferage of electricity or dishonest abstraction of energy or other irregular use of energy shall be in accordance with the procedure laid down in Annexure-I :Provided that the inspection of the meter made by the Meter Reader or other representative of the Board for the purposes of meter reading shall not be deemed as inspection of the installation.(vii)For the inspection of malpractice, pilferage or theft of energy, the supplier's representative shall have the right to access to the premises of the consumer at any time, it is needed. The supplier's representative, before entry into the premises shall disclose his identity and thereafter enter into the premises and the consumer shall not detain him in performing the duty. Any obstruction caused in inspection of the premises will make liable the connection to be summarily disconnected forthwith besides such other actions as are permissible under these regulations.
