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Orders of Kerala Electricity Ombudsman  in pdf format
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VIEW PETITION No. RP 03/2019 ON APPEAL PETITION No. P/007/2019 - The Assistant Executive Engineer, Wandoor

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The Review Petitioner is the respondent in Appeal No. P/007/2019. The review respondent/appellant is the Managing Partner of M/s. Mubarak Granite Industries, West Chathalloor, Othayi, Edavanna in Malappuram Dt, was having a low tension three phase industrial service connection with consumer number 18078, under Electrical Section, Edavanna, Malappuram. The appellant has complained that the energy meter in his premises is over reading and requested that the same may be tested at TMR Division. The appellant remitted the fee for testing the meter on 12/7/2011 and the meter was tested on 22/10/2011 at TMR Division, Shornur and the test report revealed that the meter was faulty as it showed abnormal pulses on load. The appellant then represented KSEB to refund the overcharged amount from 11/2009 to 10/2011. The KSEB has prepared a calculation statement that an amount of Rs. 15,74,558/- is to be reimbursed to the appellant, as the amount collected during the meter faulty period was in excess. On 31/12/2013, the supply was dismantled due to the upgradation of the electrical connection to High Tension (HT) and thereafter the cash deposit was refunded in January 2014.In the review petition nothing is pointed out which escaped the notice of this Authority while disposing the appeal petition. The review jurisdiction is limited to rectify a mistake or an error which is apparent on the face of records and it cannot be used as appellate jurisdiction. If the review petitioner is aggrieved by the order of this Authority, it is free for him to challenge that order before the appropriate upper authority. In this background, this Authority didn’t find any reason to intervene the order already issued. In view of the above discussions, I hold that review petition is not maintainable and hence rejected.
P/028/2019 - Sri Baburaj, Alappuzha

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The appellant, Sri. Baburaj, Nikarthil House, Panavally, Cherthala is the registered owner of the LT consumer No. 1155142021622 under commercial tariff under Electrical Section, Poochakkal. On the basis of inspection conducted by Kerala State Pollution Control Board, Alappuzha on 04.02.2019 at that premises, Pollution Control Board has ordered to close the peeling shed operated in the building owned by Sri. Baburaj, Nikarthil, Panavally and directed the KSEBL to disconnect the electric supply to the premises vide letter No. PCB/ALP/CG-510/19 dtd 6.02.2019. A disconnection letter dtd 19.02.2019 was sent to the appellant by the Assistant Engineer, Electrical Section, Poochakkal by registered post. Aggrieved against this, the appellant approached the CGRF, Ernakulam. The CGRF in its order dtd. 29.03.2019 held that KSEB Ltd is bound to obey the direction issued by the Environmental Engineer of Kerala State Pollution Control Board to disconnect the supply of the appellant’s premises as per the regulation 138(e) of the Supply Code 2014 and also dismissed the petition submitted by the appellant. The service connection was disconnected on 25.03.2019. Aggrieved by the said order of CGRF, the appellant has filed the Appeal Petition, before this Authority. The appellant’s request in the appeal petition is the restoration of the electric connection. During the hearing the respondent has stated that the electric connection of the appellant in the premises was restored on16-05-2019 following the receipt of sanction from the Pollution Control Board. At present there is no grievance pending in the subject matter. In the above circumstances, the appellant informed that he is not pressing the appeal petition already submitted and withdrawn the case. Since the grievance of the appellant has already been settled, the appeal petition stands disposed of accordingly.
P/026/2019 - Sri. Imran,, Kasaragod

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The appellant is a HT service consumer bearing LCN 17/3941 in the name of M/s. Arch Ply N Boards at Kunjathur under Electrical Section, Manjeshwar. The Assistant Engineer, Electrical Section, Manjeshwar had detected that the display of the meter was not visible and could not be able to take meter reading. The Deputy Chief Engineer, Electrical Circle, Kasaragod has directed the appellant to replace the ToD meter with a new 3 phase 4 wire (Class 0.2 S, CTs with CT units of accuracy class 0.2 S and PTs with PT units of accuracy class 0.2) having CT ratio 10/5A and get it tested from TMR Division, Kannur for replacing the same urgently failing which penalty will be imposed as per rules, vide letter dated 26-03-2018. The respondent has imposed penalty for an amount of Rs. 4,75,805/- as 50% extra over the prevailing rate applicable both demand and energy for two months during which the appellant failed to replace the faulty metering component, and one month thereafter. The appellant has challenged the bill and filed an appeal before Consumer Grievance Redressal Forum, Kozhikode as O.P. No. 138/2018-19. The CGRF, Kozhikode, dismissed the petition vide order dated 28-02-2019. From the analysis done above and the conclusions arrived at, the appellant’s plea to waive the 50% extra imposed is rejected and it is ordered that the billing to be done for the entire period of defective metering system from 1-1-2018 to 21-8-2018 based on the average of three months consumption prior to 30-11-2017 in case of energy charge and based on the maximum demand during corresponding month of the previous year, when the meter was functional and recording correctly. Hence average energy charge for the defective period can be calculated taking the energy consumption for 9/2017, 10/2017 and 11/2017. The 50% of the monthly energy charge and demand charge calculated as above shall be realised as excess for 4/2018, 5/2018 and 6/2018 for the non-replacement of the defective metering system within the prescribed period. The respondent is directed to revise the bills as ordered above and this shall be done at any rate within 30 days from the date of receipt of this order. The appeal is found devoid of any merits and hence dismissed. Having concluded and decided as above, it is ordered accordingly. No order on costs.
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