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Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/099/2019 Sri. J. Varghese Kozhikode

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The appellant is a consumer of Electrical Section, Karaparamba with consumer number 1165988019626 and the service connection was effected on 25-07-2003 in the name of Sri. Jacob K.V., Managing Director, Kerala Housing Board Federation in VII A commercial tariff. The building was rented to ESI Corporation which is a central government organization. The tariff assigned to the appellant was LT VII A categorised for commercial establishments and the appellant had been remitting the current charge bills under this tariff regularly. The tariff eligible for Central Govt. offices is LT VI B. The office of the Accountant General, Kochi who audited the records of this office has observed that the KSEB has charged an excess amount of Rs.424616/- from ESI Corporation for the period from 01.04.2015 to 31.08.2018 due to wrong classification of tariffs and directed to take action to get refund of the excess amount paid/adjust in future bills. Aggrieved by this, the appellant filed a petition before the CGRF, Kozhikode in petition no. OP 76/2019-20. The CGRF disposed of the petition vide order dated 16-11-2019 that “Here, even though the purpose of consumption of energy was found bonafide one, the rules in force is not allowing any retrospective implementation. The petitioner has requested to refund the overcharged amount for the period from 04/2015 to 08/2018. Considering the facts of the case, the claim of the petitioner to get refund of excess amount paid due to the failure on the part of the petitioner i.e. ESI Corporation, a Central Government body to point out wrong fixation of tariff during past long years, seems to be inadmissible.” Against the decision of the Forum, the appellant has filed the Appeal petition before this Authority on 23-12-2019. From the analysis done above and the conclusions arrived at, this Authority takes the following decisions. Under the provisions of Regulations 97 and 134 of Kerala Electricity Supply Code, 2014, I am fully convinced that the request of the appellant is reasonable and justifiable. Hence this Authority decide that the order of the CGRF stands quashed. The excess amount collected from the appellant by way of tariff LT VII A for the period from 04/2015 onwards, shall be refunded/adjusted in future bills by adjusting the same at tariff under LT VI B. The amount of refund so calculated may also be communicated to the appellant with details. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed. The order of CGRF, Kozhikode in Petition No. OP/76/2019-20 dated 16-11-2019 is set aside. No order on costs.
P/093/2019 Sri. Shibu A.G. Ernakulam

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The Appellant bearing consumer No.6692 is an industrial consumer under LT-IV A Tariff with a connected load 32000 watts and contract demand 36 kVA under Electrical Section, Edayar. The premises of the consumer was inspected on 27-03-2019 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Ernakulam unit. An irregularity of metering was detected as the meter was not recording R phase consumption. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Edayar, issued short assessment bill by directing the appellant to pay Rs 8,75,,599/- on 20-04-2019. Aggrieved by the short assessment bill, the appellant filed petition before CGRF, Ernakulam requesting to quash the bill. The Consumer Grievance Redressal Forum disposed the OP No.38/2019-20 filed by the appellant and ordered on 03-10-2019 that the bill issued, limiting the period of short assessment to two years by directing to reassess the bill by taking recorded reading x 1.5 times. Still aggrieved by the said order, the appellant has filed the Appeal Petition before this Authority on 28-11-2019. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill amounting to Rs. 6,79,603/-issued to the appellant. As the premises with a major load of three phases in nature, it is decided and directed the respondent to revise the bill by taking the 50% of the recorded consumption for one year from 04/2018 to 03/2019 and to issue the revised bill to the appellant within fifteen days. The appellant is allowed 6 instalments without interest, to remit the revised short assessment bill, if he desires so. 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.38/2019-20 dated 18-10-2019 is set aside. No order on costs.
P/092/2019 Sri Harikumar Mohandas, Thiruvananthapuram

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The appellant is a consumer under Electrical Section, Poonthura bearing Consumer No. 12638 and has been paying the regular electricity bills promptly. The appellant availed service connection on 19.05.2016 with a connected load of 35.781 kW at LT -VII A (3 phase). The said connected load was increased to 49.963 kW in April, 2017. While so the appellant was issued a short-assessment bill dated 05.07.2018 for Rs. 2,38,871/- alleging that only 2/3rd energy consumption was recorded in the meter since there was anomalies in the meter. It is alleged by the respondent that the energy consumed through one phase was not recorded in the energy meter for a period from July 2016 to September 2018 due to CT failure and that the said defect was found during the inspection conducted by the APTS Team of KSEB on 29/06/2018. 3. The appellant had submitted a complaint in OP. No. 3/2019 before the Consumer Grievance Redressal Forum, KSEB Ltd, Southern Region, Kottarakkara. The CGRF vide its order dated 8th April 2019 had quashed the short assessment bill of Rs. 2,21,521/- The Forum had further ordered to issue the short assessment bill based on the difference between recorded consumption of the month of 09/2018 (4280) with the consumption of the months to be revised. As per the order the bill has been revised taking average of 3960 units for the period of 23/7/2016 to 2/7/2018 for amounting Rs 3,24,086/- and issued to the appellant on 11/11/2019. Against the decision of the CGRF, the appellant has filed the Appeal petition before this Authority on 26-11-2019. For the reasons detailed above, it is decided to issue a revised short assessment bill for a period of 18 months for the consumption from 3/2017 (date of enhancement of connected load) to 8/2018 (prior to the date of rectification of metering system) by taking 50% the recorded consumption from 3/17 to 8/2018. The order dated 08-04-2019 in OP No. 03/2019 of CGRF, Kottarakkara is set aside. The appellant is allowed instalments without interest, to remit the revised short assessment bill, if he desires so. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant stands disposed of as such. No order on costs.
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