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Category: Orders
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Order by: Default | Name | Date | Hits | [Descending]
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Orders of Kerala Electricity Ombudsman  in pdf format
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P/005/2020 Sri. Joe I Mangaly Palakkad

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The appellant is engaged in the manufacture of pet bottles and running a firm in the name of Mangaly Timber & Furniture Works having consumer number 5101 under industrial tariff under the jurisdiction of Electrical Section, Olavakkode. The appellant aggrieved by the action on the part of the Assistant Engineer, Electrical Section, Olavakkode who served a short assessment bill for Rs. 3,56,598/- on the appellant alleging that one CT was not working and charging 50% additional charges for the last 6 months, filed a petition before CGRF, Kozhikode. The CGRF, Kozhikode disposed of the petition by directing the respondent to take the average of three months power consumption immediately after the replacement of the CT’s for the computation of energy prior to the six months of replacement of CT and revise the current bill for the period from 7/2005 to 12/2005 accordingly, since the power consumption per KW of lighting consumption is less during the period prior to the changing of CTs and more after replacement of CTs, vide order NO.CGRF/DCE/ COMP/DOP(R)/1/2006-07/235 Dated 5-3-2007. Aggrieved by the order passed by the CGRF the appellant had filed appeal petition before this Authority. The appeal was disposed of by limiting the short assessment for the months of October and November, 2005 alone and with regard to the question of refund of the excess charges collected from the appellant, the refund was limited for a period of two years, vide order No.P8/2007 dated 01-06-2007. The appellant challenged the order by filing WP(C) 5466/2012 and the KSEB challenged the said order by filing WP(C) 26868/2009. The Hon’ble High Court, in its judgment dated 9-10-2018, remanded the matter to this Authority for fresh disposal of the case after affording fresh opportunity of personal hearing to the parties concerned. Accordingly the respondent has produced a copy of the judgment on 24—01-2020. As directed by the Hon. High Court of Kerala, the subject case is re-examined and found that no revision in the order in Appeal Petition No. P/008/2007 is required in the matter of short assessment limited for the months of October and November 2005 considering the facts analyzed as above. Regarding double metering in the case of light meter, the respondent shall refund the excess energy charge collected from the appellant with effect from 09-02-1998, the date on which the light meter was replaced, till the date of rectification of the defective connection of the light meter as per regulation 24 (2) and (6) of the Kerala Electricity Supply Code, 2005. The decision taken in Appeal Petition No. P 8/2007 dated 01-06-2007 is modified to this extent. Having concluded and decided as above it is ordered accordingly.
P/006/2020 Sri. Sanjay Lal T.M. Thrissur

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The appellant is running a restaurant in the name and style "MING PALACE CHINESE RESTAURANT" as tenant, having an electric connection with Consumer No. 8554B, under Thrissur Municipal Corporation (Licensee). When the appellant has applied for additional connected load, the respondent has served him an arrear notice dated 20-4-2019 amounting to Rs. 3,43,113/- towards the dues of electricity consumed for the old months and directed him to clear the arrears for considering the application. Being aggrieved, the consumer filed petition before CGRF, Electricity Dept., Thrissur Municipal Corporation and the Forum disposed of the petition by reducing the arrear amount for Rs. 2,07,372/- vide order dated 03-12-2019. Aggrieved by the said order, the appellant has filed this Appeal Petition on 27-01-2020, before this Authority. From the conclusions arrived at as detailed above, I decide to quash the demand notice no. EW/2/1240/19 dated 17-01-2020 for Rs. 2,07,372/-issued to the appellant. The appellant had remitted an amount of Rs. 1,36,710/- against the demand of Rs. 2,07,372/- and the balance amount of Rs. 70,662/- shall be remitted by the appellant. No interest is payable by the appellant till the due date of the revised bill and the respondent shall issue the revised bill within 15 days from the date of this order. Soon after the remittance of the amount of Rs. 70,662/-, the respondent shall sanction additional load as per the relevant provisions of the Kerala Electricity Supply Code, 2014. Having concluded and decided as above it is ordered accordingly. Since the appeal is found having some merits and hence admitted. The order of CGRF No. CGRF/TCED-5138/19 dated 03-12-2019 is set aside. No order as to costs.
P/004/2020 Smt. Valsa K.K., Alappuzha

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The Appellant is the Managing Director of a small-scale industrial unit viz; M/s. Lakshmi Ice and Cold Storage, Aroor under low tension (LT) industrial tariff with consumer number 8437 under Electrical Section, Aroor. The power meter at the premises of the consumer was changed on 25.08.2003 due to the meter showing less consumption. The monthly average consumption recorded before changing the faulty meter was 1077 units (2/2003 to 8/2003) and the monthly average consumption increased to 15244 units after the meter changed on 25.08.2003 (consumption taken from 25.08.2003 for 90 days). Hence the respondent issued a short assessment bill for Rs. 296129/- dated 27.04.2004 to the consumer to compensate the loss sustained to KSEBL during the meter faulty period. The appellant filed Writ Petition WPC 14339 of 2004 against the bill before the Hon'ble High Court of Kerala. In compliance of the order dated 04.06.2004 of the Hon'ble High Court, the appellant remitted Rs.74033/- (25% of the bill amount). As per the final judgement dated 17/12/2018 in WP. No. 14339 of 2004 of Hon'ble High Court, the appellant filed appeal before Assistant Executive Engineer, Electrical Sub Division, Poochakkal on 25/3/2019. The Assistant Executive Engineer, Electrical Sub Division, Poochakkal vide order dated 24.06 2019 confirmed the bill dated 27.04.2004 for Rs.296129/-. The consumer filed complaint before the CGRF against this order and the Forum upheld the assessment bill issued by KSEBL. The appellant filed an appeal against the order in OP No.42/2019-20/395/Dated: 16.12.2019 of CGRF before this Authority on 20-01-2020. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill amounting to Rs. 296129/-issued to the appellant. The respondent shall refund Rs. 74033/- to the appellant with the applicable interest. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant stands disposed of as such. The order of CGRF, Ernakulam in OP No.42/2019-20 dated: 16.12.2019 is set aside. No order on costs.
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