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Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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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.
P/077/2019 Sri. Narayanan K., Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The appellant is a 3 phase LT VI F consumer bearing number 12208 under Electrical Section, Marutha Road, with a connected load of 46880 watts and later enhanced to 90 kW from 01-04-2019. The premises of the appellant was inspected on 13-05-2019 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Palakkad unit. An irregularity of metering was detected as the missing of B phase current in the CT secondary and resulted in inaccurate metering. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Marutha Road, issued short assessment bill by directing the appellant to pay Rs 81566/-. Against the short assessment bill, the appellant had approached the CGRF, Kozhikode by filing a petition No. OP No. 031/2019-20. 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 10-10-2019. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 81,566/- issued to the appellant. The respondent is directed to revise the bill for 7061 units towards the unrecorded portion of energy consumption for 41 days from 03-04-2019 to 13-05-2019 as stated above within a period of 15 days. 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, Northern Region, Kozhikode in Petition No. OP/031/2019-20 dated 05-09-2019 is set aside. No order on costs.

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