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Category: Orders
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Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/051/2019 - Smt. Manjusha M.S., Wayanad

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The consumer number 28318 of Electrical Section, Mananthavady is registered in the name of Secretary, Mananthavady Ksheerolpadaka Sahakarana Sangam, Mananthavady and was having LT V B tariff connection, given for its milk collecting and chilling unit. As per the Gazette Notification dated 28-06-2017, LT V B Agriculture tariff is applicable to facilities for processing of milk including pasteurization and its storage and packaging or for retail sale outlets, if the connected load of such facilities or sales outlets does not exceed 10% of the total connected load. Since in the present case of the appellant, the milk chilling/freezing load is more than 10%, the tariff was changed to LT VII A with effect from 01-07-2018. Subsequently, for the recovery of amount lost due to wrong tariff fixation, a short assessment bill for the period from 7/2018 to 10/2018 amounting to Rs.2,94,297/- was served on the appellant on 13-11-2018. This bill and the change of tariff are challenged by the Appellant before the CGRF, Kozhikode which are dismissed by the Forum vide OP No. 123/2018-19 dated 16-01-2019 and in Review Petition No. 3/2018-19 dated 09-05-2019 and this is the basis of this appeal petition. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill for the period from 7/2018 to 10/2018 amounting to Rs.294297/- issued to the appellant. The respondent shall retain the appellant under LT V (B) tariff category. 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 orders of CGRF, Kozhikode in OP No.123/2018-19 dated 16-01-2019 and review petition No. 3/2018-19 are set aside. No order on costs.
P/053/2019 - Sri. Damodaran, Malappuram

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The appellant is a domestic consumer having consumer number 19309 under Electrical Section, Kolathur, Malappuram District. The grievance of the appellant relates to voltage fluctuations at his premises and he filed complaints before the authorities of the KSEBL regarding the voltage variation which resulted damage of the electrical appliances used daily. The appellant approached the Regulatory Commission with a complaint and the appellant was informed by the Commission that the connected load in the premises is high and hence to avail three phase supply or to limit load within 5000 Watts or to shift the line to the transformer situated 150 metre away. Accordingly the appellant reduced the connected load to 5 kW. The appellant again filed petition before Consumer Grievance Redressal Forum, Kozhikode stating the low voltage problem in his premises. The Forum has concluded that the fluctuations in voltage are resulted from the internal issues in the appellant's premises. The appellant was advised by the CGRF to provide capacitor to the motor and to renew the house wiring as it was old. The appellant had already renewed the wiring and provided ELCB as directed. Still aggrieved by the voltage variations at his premises, the appellant has submitted this appeal petition before this Authority. From the findings and conclusions arrived at as detailed above, I decide as follows. The respondent shall rearrange the Low Tension line in the said area efficiently so as to get a further improvement of voltage. This shall be done within a period of 30 days from the date of this order. At the same time the appellant has to check whether the electrical equipments connected in the premises create any voltage variation. The Appeal Petition filed by the appellant is allowed and stands disposed of as such. The order of CGRF in OP No. 162/2018-19 dated 09-05-2019 is set aside. Having concluded and decided as above it is ordered accordingly. No order on costs.
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.

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