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Category: Orders
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Order by: Default | Name | Date | Hits | [Descending]
Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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RP-003-2022-Sirajul Huda English Medium School-Order 13-04-2022

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The appellant is the General Secretary of Sirajul Huda Educational Complex, Kuttiyadi and is running the school “Sirajul Huda English Medium School” at Peringathoor. An electric connection has been given to the school with consumer number 11168171004460 from Electrical Section, Peringathoor. The appellant’s institution is a Self-Financing Educational Institution. Following the judgement of Hon'ble Supreme Court of India in Civil Appeal No. 8350 of 2009 filed by KSEB Ltd. pertains to the tariff category, the appellant was given a short-assessment bill for Rs.1,43,509/- (Energy charge Rs.67,386/- + Surcharge Rs.76,123/-) on 12-01-2021 being the difference in tariff between LT VIA and LT VIIA for the period from 12/2009 to 31-01-2021 towards the difference in tariff between LT VIA and LT VIIA. The appellant approached the Consumer Grievance Redressal Forum (CGRF), Northern Region for the exemption of surcharge from the electricity bill, filing OP No. 136/2020-21 and the Forum in its order dated 13-08-2021 dismissed the petition allowing 12 monthly instalments. Not satisfied with the decision of the Forum, the appellant filed an appeal petition vide P-061/2021 before this Authority and a decision was taken on 30-12-2021 as follows: “Since the appellant was given the short assessment bill as per the judgement of Hon’ble Supreme Court of India and for the reasons detailed above, the appeal petition No. P061/2021 filed by the appellant stands dismissed. The order dated 13-08-2021 in OP No. 136/2020-21 of CGRF, Northern Region is upheld.” Not satisfied with the order of this Authority in Appeal Petition P-061/2021 dated 30-12-2021, the review appellant filed Review Petition vide R.P/003/2022 with the following contention: The request of the review appellant in the review petition was for order permitting the appellant for remitting the short assessment towards the difference in tariff rate of LT VIA and LT VIIA, limiting the period of two years from 05/2011 to 04/2013 without any surcharge or interest. The appeal petition P-061/2021 was analyzed by this Authority on the strength of the judgement of Hon’ble Supreme Court of India dated 20-02-2020 in Civil Appeal No. 8350/2009 filed by KSEB Ltd. In the review petition, nothing is pointed out which escaped from the notice of this Authority while disposing the appeal petition. The review jurisdiction is limited to rectify a mistake or an error, which is apparent on the face of records and it cannot be used as appellate jurisdiction. In this background, this Authority did not find any reason to intervene the order already issued. In view of the above, the review petition is not maintainable and hence, rejected.
RP-002-2022-Sirajul Huda Education Committee-Order 13-04-2022

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The appellant’s institution is a Self-Financing Educational Institution. Following the judgement of Hon'ble Supreme Court of India in Civil Appeal No. 8350 of 2009 filed by KSEB Ltd. pertains to the tariff category, the appellant was given a short-assessment bill for Rs.1,57,901/- (Energy charge Rs.49,267/- + Surcharge Rs.1,08634/-) on 22-01-2021 being the difference in tariff between LT VIA and LT VIIA for the period from 09/2008 to 06/2010. The appellant approached the Consumer Grievance Redressal Forum (CGRF), Northern Region for the exemption of surcharge from the electricity bill, filing OP No. 137/2020-21 and the Forum in its order dated 13-08-2021 dismissed the petition allowing 12 monthly instalments. Not satisfied with the decision of the Forum, the appellant filed an appeal petition vide P-060/2021 before this Authority and a decision was taken on 30-12-2021 as follows: “Since the appellant was given the short-assessment bill as per the judgement of Hon’ble Supreme Court of India and for the reasons detailed above, the appeal petition No. P060/2021 filed by the appellant stands dismissed. The order dated 13-08-2021 in OP No. 137/2020-21 of CGRF, Northern Region is upheld.” Not satisfied with the order of this Authority in Appeal Petition P-060/2021 dated 30-12-2021, the review appellant filed Review Petition vide R.P/002/2022 with following contentions: The appellant wants exemption from remitting the surcharge for the period from 20-02-2020 to 22-01-2021. Moreover, a detailed calculation sheet is not received from the Electrical Section, Kuttiyadi. The request of the review appellant in the review petition was for order permitting the appellant for remitting the short assessment towards the difference in tariff rate of LT VIA and LT VIIA, limiting the period of two years without any surcharge or interest. The appeal petition P-060/2021 was analyzed by this Authority on the strength of the judgement of Hon’ble Supreme Court of India dated 20-07-2020 in Civil Appeal No. 8350/2009 filed by KSEB Ltd. In the review petition, nothing is pointed out which escaped from the notice of this Authority while disposing the appeal petition. The review jurisdiction is limited to rectify a mistake or an error, which is apparent on the face of records and it cannot be used as appellate jurisdiction. In this background, this Authority did not find any reason to intervene the order already issued. In view of the above, the review petition is not maintainable and hence, rejected.
RP-001-2022- Sri. Noufal. A., Kozhikode-Order 13-04-2022

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As per respondent, “Other Charges” mentioned in bills are low power factor penalty. The appellant approached the Licensee for the refund of Other Charges and since no action was taken by them, the appellant filed petition in CGRF, Northern Regionand the Forum in its order dated 25-08-2021 rejected the request of the appellant. Not satisfied with the decision of the Forum, the appellant filed an appeal petition vide P-059/2021 before this Authority and a decision was taken as follows: “There are lapses on the part of appellant in maintaining the rated values of capacitors to avoid power factor disincentives and lapses on the part of respondent to intimate the subject of low power factor to the appellant as per rules. As such, it is decided to refund the power factor penalty realized from the appellant for 12 months from 11/2019 to 10/2020, by limiting the period of refund requested by the appellant The respondent shall refund the amount realized under “other charges” or “power factor penalty” from the appellant from 11/2019 to 10/2020 within 45 days from the date of order or adjust in the future bills.” Still not satisfied, the review petitioner filed this Review Petition.In the review petition nothing is pointed out, which escaped from the notice of this Authority while disposing the appeal petition. The review jurisdiction is limited to rectify a mistake or an error which is apparent on the face of records and it cannot be used as appellate jurisdiction. In this background, this Authority did not find any reason to intervene the order already issued. In view of the above, review petition is not maintainable and hence, rejected.
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