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Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/022/2019 - Sri. Thomas Alexander, Pathanamthitta

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The appellant having consumer number 7582 is a domestic consumer under Electrical Section, Thiruvalla. The registered consumer of the premises is “Mrs. Chellamma Mathew, Prasanthi, Kuttapuzha”. On 20th July 2018, the appellant complained the faultiness of the meter and the meter was replaced on 17th December 2018. While being so, the appellant was aggrieved with the exorbitant bills issued for the months of 9/2018 & 10/2018, issued by the respondent on 17-11-2018 for Rs. 3,360/- and for the months of 11/2018 & 12-2018 for Rs. 2,605/- by taking the average consumption of 356 units. The lodged complaint before the CGRF, Kottarakkara requesting to waive off the excess charges levied in the said bills. The CGRF had dismissed the petition on the ground that the bills issued by the respondent are in order and the petition is devoid of any merits, vide order no. OP No. 158/2018 dated 22-02-2019. Aggrieved by this, the appellant has submitted this Appeal petition before this Authority on 25/03/2019. It is a fact that there was flood and breakdowns in the distribution system in that area and there was no consumption in the premises during the period of August 2018. From the findings and conclusions arrived at as detailed above, I decide to set aside the spot bills from 19-05-2018 to 17-12-2018 issued to the appellant. The respondent is directed to revise the bills for the period from 19-05-2018 to 17-12-2018 (except August) by taking average consumption of 189 units per month. The monthly bill for the August shall be billed at the minimum charge applicable. This shall be done at any rate within 30 days from the date of receipt of this order. 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, Kottarakkara in Petition OP No. 158/2018 dated 22-02-2018 is set aside. No order on costs.
P/021/2019-Sri. Khader, Sri. Ali Mohammed, Smt. Shyni D, Kozhikode

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The appellants were the applicants for electricity connection for their houses under the Total Electrification Programme of the Kerala State Government. The appellants also remitted application fee Rs. 50/- each at Electrical Section, Unnikulam and also submitted Wiring Registration Certificate, ELCB paper, agreement in stamp paper of Rs. 200/- for effecting the connection. The respondent had denied electricity connection to them on the basis of various grounds. So the appellants had approached the CGRF Kozhikode by filing a petition in OP No. 199/2016-17 which was dismissed vide order dated 15-06-2017. Aggrieved against this, the appellants had submitted appeal petition before this Authority vide appeal petition No. P/85/2017. The appeal was disposed of by ordering that the appellants are eligible for electric connections for domestic purposes under Total Electrification Programme and also directed that the respondent shall take action to obtain sanction from the higher officers of KSEB Ltd to provide electricity connection to the appellants and to effect the connections within a period of three months, vide order dated 31-10-2017. The KSEB filed WP (C) 12064/2018 before the Hon’ble High Court of Kerala challenging the findings rendered by the Ombudsman that the order has been issued without properly analysing the factual factors and without appreciating the fact the KSEB had denied electric connection to the said applicants only because the implementation committee constituted of the representatives of the Local Self Government and the Electricity Board had not recommended them for connection under Total Electrification programme. On the other hand, the appellants in appeal petition No. 85/2017 also filed WP (C) 25881 of 2018 before the Hon’ble High Court requesting orders that the action of the KSEB in having denied the benefit to them earlier was incorrect and illegal. The Hon’ble High Court, in its common judgment dated 29-01-2019, remanded the matter to this Authority to reconsider the case after affording fresh opportunity of being heard to them as also the competent authorities of the KSEB, but only after obtaining a report from the Implementation Committee constituted under the Total Electrification Programme and directed to take a decision thereon not later than two months from the date of receipt of a copy of the judgment. Accordingly the appellants have produced a copy of the judgment on 25-03-2018 and have also submitted the following arguments in the matter afresh and the KSEBL had also submitted the statement of facts on the arguments of the appellants. Whether the objections submitted by the appellants are sustainable is a matter which requires to be decided based on the above aspects. Since those aspects were not considered by the KSEBL and the Grama Panchayath ward members, this Authority is of the opinion that rejection for inclusion of the appellants in the beneficiaries list of TEP without considering the objections cannot be sustained. Considering facts of the case, it was confirmed that an implementation committee was not formed in the jurisdiction of Electrical Section, Unnikulam for selecting the beneficiaries under the Total Electrification Programme and the appellants’ applications were found rejected by the KSEBL and the Panchayath members on trivial grounds without properly verifying the genuineness of the applications. I am fully convinced that the request of the appellants is reasonable and justifiable. For the above reasons, the appellants are eligible to get electric connection under Total Electrification Programme. The respondent shall take action to provide electric connection to the appellants. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is allowed and stands disposed of as such. No order as to costs.
P/020/2019 - 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 1011 under Electrical Section, Vellanad, with a connected load of 18 KW. The appellant is paying the current charges regularly without any dues or delay. As per the observations of the Regional Audit Officer, a short assessment bill amounting to Rs. 2,02,277/- due to meter faulty period from 12/2016 to 02/2017 has been issued to the consumer on 02.05.2018. An objection against the demand was filed before the Assistant Engineer on 22-06-2018. He rejected the petition without quoting any valid reason or regulations and directed the appellant to remit the short assessed amount. Against the short assessment bill, the appellant had approached the CGRF (SR) Kottarakkara by filing a petition No. OP No. 138/2018. The Forum disposed of the petition by quashing the short assessment bill for Rs. 2,02,277/- and directed the respondent to revise the bill for two billing cycles based on the average consumption after meter change, vide order dated 08-02-2019. Aggrieved against this, the appellant has submitted this appeal petition before this Authority.   From the conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 202277/- issued to the appellant. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the Consumer is allowed as ordered and stands disposed of as such. The order of CGRF in OP No. 138/2018 dated 08-02-2019 is set aside. No order on costs.
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