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Orders of Kerala Electricity Ombudsman  in pdf format
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P/082/2019 Sri. Pradeepan M.P., Kozhikode

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The Appellant is running an ice factory under the name and style of M/s Sincere Ice Factory bearing consumer No.5754 under LT-IV A Tariff with a connected load of 37614 watts and contract demand of 38 kVA under Electrical Section, Eranhikkal. The registered owner of the connection is Sri. M.P. Chandran. On 01-09-2018, while taking the reading, it was noticed that voltage in one phase was not getting recorded in the meter. Consequently, the premises of the consumer was inspected on 24-09-2018 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Kozhikode unit. A site mahazar was prepared by the Sub Engineer Sri. Illiyas of Electrical Section, Eranhikkal. An irregularity of metering was detected as the B phase voltage connection to the energy meter was rusted and as a result the same got disconnected at the taping point and due to this reason B phase voltage was missing at the terminal of the energy meter. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Eranhikkal, issued short assessment bill by directing the appellant to pay Rs 4,41,504/-. Aggrieved by the short assessment bill, the appellant filed petition before CGRF, Kozhikode requesting to quash the bill. The Consumer Grievance Redressal Forum disposed the OP No.116/2018-19 filed by the appellant and ordered on 11-02-2019 that the short assessment is limited to one year and the appellant is allowed to remit the amount assessed in 20 instalments. Still aggrieved by the said order, the appellant has filed the Appeal Petition before this Authority. The appeal was dismissed as it lacks merits and the respondent was directed to correct an error in the calculation statement regarding the consumption during the normal period from 01-07-2018 to 01-08-2018 and to revise the bill accordingly, vide order No. P/24/2019 dated 24-05-2019. The appellant then filed WP (C) 15474/2019 before the Hon’ble High Court challenging the orders rendered by the Ombudsman. The Hon’ble High Court, in its judgment dated 03-07-2019, set aside the orders dated 24-05-2019, not because the Honourable Court found it to be conclusively in error, but so as to facilitate a fresh consideration based on the observations and remanded the matter to this Authority for disposal of the case after affording fresh opportunity of personal hearing to the parties concerned. The Assistant Executive Engineer, Electrical Sub Division, West Hill forwarded a copy of the judgment to this Authority and the same received on 29-10-2019. As per Regulation 134(1) Kerala Electricity Supply Code 2014, if the licensee establishes either by review or otherwise, that it has undercharged the consumer, the licensee may recover the amount so undercharged from the consumer by issuing a bill and in such cases at least thirty days shall be given to the consumer for making payment of the bill. 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/024/2019 is required considering the facts analysed as above. But the respondent is directed to issue a revised bill correcting the error in the calculation statement and the respondent shall give a copy of the calculation statement and downloaded data to the appellant within 15 days of receipt of this order.
P/081/2019 Sri. P.A. Chandran, Thrissur

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The appellant, Sri. P.A. Chandran, is a single-phase domestic consumer with consumer No. 5277 under Electrical Section, Kechery, who is aggrieved by the exorbitant electricity bill issued to him for an amount of Rs. 6549/- for the period from 12-10-2017 to 04-11-2017. The connected load in the premises is 240 watts effected from 18-03-1999. The appellant approached the Assistant Engineer with a complaint regarding the excess reading of the meter and the impugned bill. But without considering his request, the respondent directed the appellant to remit the bill amount. Being aggrieved, the appellant filed a petition before the CGRF, Ernakulam and the Forum disposed of the petition vide order no. CGRF‐CR/OP 33/2019-20 dated 27-09-2019 with a decision that the petition is dismissed due to lack of merits. Against the decision of the Forum, the appellant has filed the Appeal petition before this Authority on 25-10-2019. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 6549/- issued to the appellant. 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. The order of CGRF, Central Range in Petition No. OP/33/2019-20/dated 27-09-2019 is set aside. No order on costs.
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.
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