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Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/052/2019 - Sri. John Chandy, Kottayam

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This appeal has been preferred by the appellant against the orders dated 8th March 2019 issued by CGRF, Southern Region in petitions OP 152/2018 and 153/2018. The appellant has also filed appeal before the Appellate Authority against the assessment issued under Section 126 of the Electricity Act, 2003. The pertinent facts of the case are as follows. The single phase service connection bearing consumer number 222 under Electrical Section Kottayam East is registered in the name of Sri. Jacob C, Vattakunnel, Erayilkadavu, Kottayam. This Single phase service connection was effected at LT 1 domestic tariff, with a connected load of 250 watts. In the order dated 20.01.2016 in Appeal No. 12/2015, the Kerala State Electricity Appellate Authority ordered to consider the temporary extension of 8 kW found at the premises of the consumer 222 as UAL and billed accordingly at 7 A tariff by the respondent. Based on this order the tariff of the consumer was changed to LT 7 A with effect from 3/2016. The consumer subsequently neither removed nor regularized the additional load. Another inspection has been conducted at the premises of Cons. No. 222 under Electrical Section, Kottayam East by the APTS Kottayam on 07-07-2018 and detected unauthorized usage of electricity. It is found that total connected load is 8469 W and is used for commercial purpose and thereby connected and using 8219 watts without the sanction of KSE Board Ltd. It was decided to issue provisional assessment for a period from 03/2016 to 07/2018 (28 months) at LT 7A tariff, as per Section 126 of Electricity Act 2003 (Amendment Act of 2007) and the rate applicable is twice the normal rate for fixed charges and at normal rate for proportional current charges. Provisional bill of Rs. 102774/- was issued to the consumer on 12.07.2018. On issuance of the provisional bill the appellant filed objection dated 27-07-2018 against the provisional bill before the assessing officer. The final assessment order was issued on 13-08-2018, by revising the assessment to Rs.1,04,694/-. The appellant then lodged a complaint before the CGRF, Kottarakkara which was dismissed, vide order no. OP No. 153/2018 dated 08-03-2019. Aggrieved by this, the appellant has submitted Appeal petition before the Appellate Authority in Appeal No. P 62/2019 and the same was disposed by the Appellate Authority vide order dated 17-07-2019. The appellant was issued another bill for Rs. 195898/- for the regular current charges for the period from 5/2016 to 5/2018 which included the bill amount of previous bill issued. Later on getting an objection from the appellant, a revised bill for Rs. 92778/- was issued on 10-10-2018. The appellant filed OP No. 152/2018 before the CGRF against the bill for Rs.92778/- for the period from 5/2016 to 5/2018 and the ACD for Rs.9237/-. The Forum vide a common order in OP No. 152/2018 and 153/2018 disposed of the petition that “the regular electricity bill issued to the consumer is only for a registered load of 1 kW in VII A tariff and not for 8.469 kW as detected in the inspection on 7-7-2018 in respect of consumer No.222. Hence the regular bill issued in respect of consumer No.222 is legal and sustainable.” Still not satisfied, the appellant has filed this appeal petition before this Authority. For the reasons detailed above, the appeal petition No. P/052/2019, filed by the appellant stands dismissed as it is found having no merits. The order dated 08-03-2019 in OP No. 152/2018 of CGRF, Kottrakkara is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/42/2019- Sri. P.V. Abdul Sathar , Kozhikode-21

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The appellant is an occupier of a shop having building number 13/1045, Vadiyil, Kozhikode since 1987, under the jurisdiction of Electrical Section, Beach, Kozhikode. The electricity connection in the shop having consumer number 4309 registered in favour of Sri. Basheer, Vadiyil Thelakal House, Big bazar, Kozhikode was disconnected on 23-09-2017 due to default of payment of electricity charges from 23-05-2017 onwards. Later the connection was dismantled on 29-10-2018. The appellant has cleared all the dues on 07-01-2019 and requested reconnection. Since the respondent rejected his request for reconnection, the appellant approached the CGRF for reconnection which was dismissed due to lack of merits, vide order No. OP 172/2018-19 dated 25-04-2019. Against the decision of the Forum, the appellant has filed the Appeal petition before this Authority. From the analysis done above and the conclusions arrived at, this Authority upheld the decision taken by the CGRF in OP No.172/2018-19 dated 25-04-2019. The respondent is directed to give connection to the appellant on submitting a no objection certificate from the owner of the premises along with any one of the documents listed at clauses (i) to (vi) in regulation 45 (1) of the Supply Code 2014, by the appellant. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/046/2019 - Smt. Nirmala C.M, Ernakulam.,

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The appellant has filed an appeal petition in P/046/2019, being aggrieved by the decision taken by the CGRF in OP No. 108/2018-19 dated 18-05-2019. The appellant is a domestic consumer under Electrical Section, Panangad. The appellant’s complaint pertains to the installation of an electric post with No. KSEB PR/16/2 in her property in survey No. 13/5 of Kumbalam village without obtaining her consent. The CGRF, Ernakulam has disposed the petition filed by the appellant with the following orders. "(1) The respondent is directed to shift the weather proof service wires and electric posts as per sketch, after collecting the labour charges and transportation charges within one week from the date of remittance. 2) the petitioner shall remit the amount within one month from the date of receipt of this order." Still aggrieved by the order of the CGRF, the Appellant has filed the Appeal Petition before this Authority. From the analysis done above and the conclusions arrived at, this Authority upheld the decision taken by the CGRF in OP No.108/2018-19 dated 18-05-2019. The respondent shall collect the actual labour charge for the shifting and allied works. The respondent shall also look into the possibility of providing the weather proof connection to consumer number 870 with a support pole in the corner of the appellant’s property. The respondent shall arrange the shifting of the pole and allied works within a period of 30 days after remitting the required estimate amount of labour charges by the appellant. The excess amount if any shall be refunded after the work. Having concluded and decided as above, it is ordered accordingly. No order on costs.
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