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Category: Orders
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Orders of Kerala Electricity Ombudsman  in pdf format
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P/106/2019 - Sri. Arun David,, Kothamangalam

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Service connection bearing Consumer No. 1156008021977 was given in respect of Sri Arun David, Managing Partner, M/s Kothamangalam Aggregates Prestressed Concrete Industries, Ayroorpadam P.O, Kothamangalam under Electrical Section, Kothamangalam No. l. The sanctioned load of the premises was 45KW whereas the consumer was based on demand-based tariff with Contract demand of 30 kVA. The appellant remitted under protest Rs.5,82,411/- towards the cost of installation of 100 kVA transformer for 105 kW additional power as part of expansion of his industry with Contract demand of 100 kVA. Against the demand, the appellant had approached the CGRF, Ernakulam by filing a petition No. OP No. 39/2019-20. The Forum dismissed the petition vide order dated 29-11-2019. Aggrieved against this, the appellant has submitted this appeal petition before this Authority on 31-12-2019. In view of the above discussions, it is directed the respondent to dispose the subject on the basis of the final decision of the Hon’ble High Court of Kerala in the Writ Petition No. 25347/2016 (P). The respondent will consider the request for refund on the basis of the disposal of the writ petition filed by them. The appeal filed by the appellant is disposed of accordingly. Having concluded and decided as above it is ordered accordingly. No order as to costs.
P/105/2019 - Sri. Thomas Chacko, Pathanamthitta

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The 3 phase service connection bearing Consumer No.20142, effected from Electrical Section, Mallappally under LT IV A (Industrial Tariff). having a contracted Load of 70050 Watts belongs to appellant Sri. Thomas Chacko, M/s Thomson Plastics, located in KINFRA Park at Kunnamthanam. The energy meter of the appellant was faulty from 11/2017 and the faulty meter replaced on 04-09-2018. During the faulty period, the appellant was billed based on previous average consumption of 4825 units. Thereafter the respondent has revised the bills from 11/2017 to 08/2018 considering the consumption as zero units and only monthly fixed charges was calculated as demand for the period and also accounted the already remitted monthly electricity charges of the faulty period as advance. Accordingly, the appellant has not remitted the monthly current charges from 10/2018 to 05/2019. On detecting this mistake, a short assessment bill amounting to Rs.1,96,665 was issued to the appellant on 19-06-2019. Against the short assessment bill, the appellant had approached the CGRF, Kottarakkara by filing a petition No. OP No. 107/2019. The Forum dismissed the petition vide order dated 22-11-2019 and allowed 12 monthly instalments to remit the amount. Aggrieved against this, the appellant has submitted this appeal petition before this Authority on 26-12-2019. From the conclusions arrived at as detailed above, the disputed bill for Rs. 1,96,665/- is quashed. The respondent is directed to reassess the consumption period of the meter from 10/2017 to 6/2018 by taking the average of the consumption from 12/2018 to 2/2019 (3980 kWh) and the consumption period of the meter from 7/2018 to 8/2018 by taking the average of the consumption from 9/2018 to 11/2018 (2509 kWh), both under ToD billing system. Accordingly, the respondent shall prepare an adjustment invoice comprising the period of defectiveness from 10/2017 to 8/2018 and period of non-remittance from 09/2018 to 4/2019. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the appellant is allowed as ordered and stands disposed of as such. The order of CGRF in OP No. 107/2019 dated 22-11-2019 is set aside. No order on costs.
P/104/2019 - Sri. Cheriyan Kurian, Alappuzha

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The appellant is the Managing Director of HIC ABF Special Foods(P) Ltd., a private limited company and a High-Tension Consumer of Electricity (tariff HT I (A) Industrial) with consumer no. 1355150003426 - 6/4244 under Electrical Section, Aroor with registered contract demand of 700 kVA. An inspection was conducted by Assistant Executive Engineer (Meter), TMR Division, Pallom, Kottayam on 24.03.2018 of the HT metering equipment of the appellant when it was noticed that ToD meter not working satisfactorily and declared faulty. The Deputy Chief Engineer, Electrical Circle, Alappuzha has directed the appellant to change the meter. The respondent has imposed penalty as 50% extra over the prevailing rate applicable both demand and energy for two months during which the appellant failed to replace the faulty metering component, and one month thereafter. The appellant has challenged the bill and filed an appeal before Consumer Grievance Redressal Forum, Ernakulam as O.P. No. 25/2019-20. The CGRF, Ernakulam, dismissed the petition vide order dated 13-11-2019. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Authority on 23-12-2019. From the conclusions arrived at as detailed above, I decide to quash the penal assessment of 50% extra imposed for Rs. 22,05,768/- issued to the appellant. The penalty is limited for one month 1amounting to Rs. 11,02,884/- and which was remitted by the appellant. Having concluded and decided as above it is ordered accordingly. The order of CGRF in OP No. 25/2019-20 is set aside. No order on costs.
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