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Category: Orders
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Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/080/2019 Sri. K.K. Jayachandran, Kannur

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The appellant represents M/s Jeeva Bricks and Metals, Vadakey Poyiloor, Kannur, presently functioning as a Crusher unit. The appellant is a 3 phase LT IV A consumer bearing number 12372 under Electrical Section, Parad, with a connected load of 88 kW enhanced from 01/2016 with contract demand of 68 kVA. The premises of the appellant was inspected on 18-12-2018 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Kannur unit. An irregularity of metering was detected as shortage of voltage in all the three phases and current in R and Y phases which resulted in inaccurate metering. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Parad, issued a provisional short assessment bill by directing the appellant to pay Rs 2703187/- for the period 01/2016 to 12/2018. An objection against the demand was filed before the Assistant Engineer and a final bill amounting to Rs. 1916574/- was issued by reducing the period of assessment to 24 months from 01/17 to 12/18. Against the short assessment bill, the appellant had approached the CGRF, Kozhikode by filing a petition No. OP No. 029/2019-20. The Forum dismissed the petition vide order dated 05-09-2019. Aggrieved against this, the appellant has submitted this appeal petition before this Authority 0n 25-10-2019. From the findings and conclusions arrived at as detailed above, I decide as follows: The short assessment bill for Rs. 19,16,574/- - for 24 months issued to the appellant is quashed. The short assessment bill for both demand charge and energy charge is limited to 6 months prior to the date of inspection. The respondent shall issue revised bill for a period of 6 months based on average of the energy consumption recorded for three billing cycles from 06-02-2019 to 07-05-2019, under ToD billing system. Average of the maximum demand recorded in 02/19, 03/19 and 04/19 for 88 kVA, 83 kVA and 93 kVA i.e., 88 kVA shall be taken for calculation of maximum demand. 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. The respondent shall provide instalments if the appellant desires so. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant stands allowed to the extent ordered. The order of CGRF, Northern Region, Kozhikode in OP No.029/2019-20 dated 05-09-2019 is set aside. No order on costs.
P/079/2019 The Manager, M/s Kutikul Estate, Kottayam

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The appellant owned a PLC Rubber factory named Kailas Rubber Company Limited having an HT-1 A electricity connection and he also owned an estate which carries out a rubber plantation in an extent of about 365 hectares, in Sy No. 60/3, in Mundakkayam village. Besides HT 1 A connection, the estate has over 100 LT connections - domestic and other connections, all in the name of the Manager, Kutikul Estate. The appellant has also a three-phase agriculture connection for its pump house with electricity connection, consumer No. 1157214006990. On 16.03.2018, the appellant had applied for a single phase electricity connection under agriculture tariff, for undertaking organic vegetable cultivation with electric fencing, in an extent of 4.75 acres of its land in Sy.No.2/2 of Koottickal village. The respondent has issued a connection to the pump house with building No. H/185-B, by 13.12.2018 with electricity connection under Consumer No.l157218009145, under tariff LT-VII A commercial. Being aggrieved, the appellant filed a petition before the CGRF, Kottarakkara in OP No. 61/2019 and the Forum disposed of the petition vide order dated 26-09-2019 with a decision that the action taken by the respondent is proper. Against the decision of the Forum, the appellant has filed the Appeal petition before this Authority on 18-10-2019. From the findings and conclusions arrived at as detailed above, the respondent is directed to assign LT V A tariff instead of LT VII A from the date of connection effected having consumer number 9145.The excess amount collected being the difference of tariff categorisation shall be refunded by adjusting it in appellant’s future bills. Regarding the compensation for the undue delay of more than 8 months in providing the said electricity connection, the appellant is free to approach the concerned Executive Engineer under the provisions of Kerala State Regulatory Commission (Standards of Performance of Distribution Licensees) Regulations, 2015. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having some merits and is allowed to the extent ordered. The order of CGRF, Southern Range, Kottarakkara in Petition No. OP/61/2019 dated 26-09-2019 is set aside. No order on costs.
P/078/2019 Sri Sanjith Sleeba Ernakulam

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Consumer No. 1155578050664 is registered at Electrical Section Thrikkakara in the name of M/s Olive Builders and Developers P Ltd., Olive Kalista, Aleta-3C, Edachira with a connected load 6929 Watts in LT 1-A tariff from 19-12-2016. The appellant is the owner and occupier of the apartment having the said consumer number. A bi-monthly bill for Rs. 90,360/- was received by the appellant even though the flat was vacant as the appellant and family out of station during the period from 25th August, 2018 to 27th November 2018. The reading on 5th December 2018 for a period of 2 months showed consumption of 10738 units. The appellant has submitted a complaint to Assistant Engineer and a parallel meter installed which confirmed that the existing meter was not faulty. Later on testing the meter at Meter Testing Laboratory at Angamaly on the request of the appellant, a magnetic tampering on energy meter was proved indubitably and the Assistant Engineer, Thrikkakara issued a notice in this regard to the appellant to remit the bill amount or to inform their objections if any. Aggrieved by this, the appellant approached CGRF (Central Region) who dismissed the petition of the appellant vide Order in OP No:132/2018-19 dated 16-10-2019, due to lack of jurisdiction. Aggrieved by the decision of CGRF, the appellant has submitted this Appeal petition before this Authority on 17-10-2019. From the findings and conclusions arrived at as detailed above, it is therefore held that the remedy available to the appellant is only an appeal before the Statutory Authority under Section 127 as ordered by the CGRF. The order of the CGRF is upheld. The appeal petition is rejected as not maintainable. The respondent is directed not to disconnect the connection till receipt of an order from the Kerala State Electricity Appellate Authority Vyttila, Kochi 19. No order as to costs.
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