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Category: Orders
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Order by: Default | Name | Date | Hits | [Descending]
Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/029/2018 Sri. Sadiq P.A. Ernakulam

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The appellant representing the Jewel Riverwoods Flat Owners Association, Aluva approached the Electrical Section, Aluva North for shifting two numbers of electrical posts installed in the flat compound to the private road outside the compound for which the flat owners have 50% ownership. But this was objected by the other owners of the private road and the matter was presented before the Additional District Magistrate (ADM) by the respondent. The ADM dismissed the petition after hearing both parties as he found the petition lacks merits. Then the appellant approached the CGRF-CR, Ernakulam by filing a Petition vide No. 88/2017-18 and the CGRF directed the respondent to realign the post and line to the boundary of the property of the appellant after collecting the required charges, vide its order dated 31-03-2018. The respondent has prepared an estimate for shifting the PSC pole and realignment of three phase line on work deposit basis. The work was not done since the shifting will cause damage to the pipelines of the sewage treatment plant of the appellant. Aggrieved against this, the appellant has submitted the appeal petition before this Authority. From the analysis done and conclusions arrived at, I take the following decision. The respondent is directed to prepare an estimate for the drawing of the LT Aerial Bunched Cable (ABC) in the place of existing three phase four wire overhead conductor for two span of line within 15 days from the date of the order and inform the appellant. If the appellant is willing to accept the proposal and to bear the expenditure, the respondent shall carry out the work within one month without changing the location of the existing electric LT poles. The order of CGRF in OP No. 88/2017-18 dated 31-03-2018 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
REVIEW PETITION 03/2018 IN APPEAL PETITION No. P/110/2017 Sri. Madhusudhan. R Palakkad

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The appellant is conducting various Computer Training Courses under the franchisee of ‘NIIT’; a Computer oriented Institution, and has availed an Electric Service Connection for the said purpose, with consumer No. 19268 under Electrical Section Ottapalam. The three phase service connection was given for general purpose under LT VIIA tariff with a connected load 5880 watts for running a private computer training Institute. The appellant has preferred an appeal petition requesting to set aside a short assessment bill, amounting to Rs. 1,12,637/‐, related to the period of 01-05-13 to 06-01-2017 for the misclassification of tariff raised by the review respondent. Aggrieved by the aforesaid demand, the appellant filed a complaint before the CGRF (North), Kozhikode in OP No.39/2017-18 which was disposed vide order dated 20-09-2017 by limiting the period of short assessment 24 months prior to the date of issuing of bill in correct tariff and to allow installment facility to the petitioner to maximum 12 numbers. The appeal has been disposed of with direction to revise the bill for the entire period from the date of functioning the premises as a ‘computer oriented institution’ to 06-01-2017 for appropriate tariff and generate bill for arrear or excess charges based on the actual period of wrong classification with details of calculation for his information, as per the provision of Regulation 97(4) of Kerala Electricity Supply Code, 2014. Accordingly the respondent has issued a revised short assessment invoice amounting to Rs. 66,153/- limiting the period to 24 months to the review petitioner along with the calculation statement. Still aggrieved by the short assessment invoice and calculation, the review appellant has submitted this review petition. In view of the above discussions, I hold that review petition is not maintainable as there is no cause or sufficient reason established by the review appellant, for the review of the order already issued. Hence the review petition is dismissed and disposed of accordingly. Having concluded and decided as above, it is ordered accordingly.
REVIEW PETITION No. RP/04/2018 in APPEAL No. P/096/2017 Sri. Muhammed Haji Kozhikode

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The gist of the appeal petition preferred by the appellant/review appellant before this Authority is as follows: The appellant is running a hotel M/s Hotel Whitelines, having HT connection with consumer code 16/1631 under Electrical Section, Central, Kozhikode. Since the appellant failed to comply the Board orders to install ToD meter in the premises, he was charged 50% extra over the rates notified for demand and energy and accordingly a penal bill was issued to him amounting to Rs.7,04,980/‐, for the period 1/2001 to 9/2005. Aggrieved by this bill, the consumer filed a Writ petition before the Hon High Court of Kerala, in WP ( C) 28197/2005 and the Hon'ble High Court of Kerala quashed the demand and ordered that consumer is entitled to get refund of the same and to be adjusted against the future bills of the petitioner, vide its judgment dated 13th April 2012. KSE Board Ltd filed Writ Appeal No.115/2015 against impugned judgment and on 07-10-2016, the Hon'ble High Court of Kerala vide its judgment dismissed the Writ Appeal. The appellant again approached the CGRF, Kozhikode, praying that he was entitled to get interest at the rate of two times the bank rate and also raised HT cable fault. The CGRF has ordered as follows: (1). The respondent can .realize the FC of the HT premises under LT tariff during the HT failure period from 2-7-2013 to 21-11-2013. (2). The demand billed for the previous 5 months prior to the failure of HT supply i.e. 1,2,3,4,5 & 6/2013, shall be taken for the billing during the failure period. 1. The request of the petitioner for the interest on their excess amount for the period from 10/05 to 09/06 is allowed. 2. The respondent shall pay the interest at prevailing bank rate for Rs.4,57,921/- from 09/06 to 02/14 ie, the month on which the adjustment started and thereafter for the balance amount after adjusting each regular bill till the adjustment is over. Still aggrieved by the decision of CGRF in order OP No. 182/2016-17 dated 07/07/2017, the appellant has submitted the Appeal petition and the same was disposed of by upholding the orders issued by the CGRF, vide order dated 26-12-2017. It was decided that the appellant is eligible to get interest @ 12.50 % (twice the bank rate) for the complete excess amount paid, by way of adjustment in the three subsequent bills and if the adjustment is not possible in the next three bills, the licensee shall refund the balance amount in full by cheque and also directed the respondent to prepare an interest calculation statement accordingly and adjust the interest amount so arrived at, in the next bill or subsequent bills of the consumer. Still aggrieved by the decision, the review appellant has submitted this review petition with a plea to review the orders and to allow the reliefs sought for. In view of the above discussions, I hold that review petition is not maintainable as there is no cause or sufficient reason established by the review appellant, for the review of the order already issued. Hence the review petition is dismissed and disposed of accordingly.
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