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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/024/2018 -,Sri. Syriac Kurian, Ernakulam

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The appellant is a consumer under Electrical Section, Keerampara. A three phase service connection with Consumer No. 11571339010598 in LT VII A tariff was issued in the name of Sri. Syriac Kurian, Maliyil, Palamattom, Thattekkad P.O., Kothamangalam, the appellant for running a resort with a sanctioned connected load of 16 kW. On 30.10.2013, Anti Power Theft Squad Wing conducted an inspection in the premises of the appellant and detected an Unauthorized Additional Load to the extent of 52 kW. A provisional short assessment bill to the tune of Rs. 2,28,124/- was issued to the appellant on 29.11.2013 as per Section 126 of Electricity Act 2003. Against the issuance of the bill the appellant approached the Hon'ble High Court of Kerala by filing W.P (C) No.31523/2013 which was dismissed directing the petitioner to pursue the appeal before Deputy Chief Engineer, Electrical Circle, Ernakulam by making deposit of 50% of the amount of penalty assessed and the Hon'ble Court also directed the Deputy Chief Engineer to consider the appeal as one filed within the stipulated time and shall proceed to dispose of the same on merits, vide judgment dated 06.01.2014. Later he filed W.A. No.705/2014 before Hon'ble High Court of Kerala. The Hon'ble Division Bench dismissed the Writ Appeal vide judgment dated 25.10.2016. Thereafter the appellant filed Petition vide complaint No.77/2017-18 before the CGRF-CR, Ernakulam and the CGRF decided to dismiss the complaint due to lack of merit, vide its order dated 17-03-2018. 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. Since a final decision was taken by the Hon. High Court of Kerala in the subject matter and directed the appellant to prefer an appeal before the Appellate Authority by remitting 50% of the short assessment bill, under Section 127 of the Electricity Act, 2003 and this Authority lacks jurisdiction to entertain the cases under Section 126 of the Act, the petition is dismissed. The appellant can approach the Appellate Authority for the redressal of his grievances. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/026/2018 - Sri. E.V. Varghese, Thrissur

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The appellant has filed the appeal petition, being aggrieved at the inaction of KSEBL, Electrical Section, Irinjalakuda No.1 to remove the service connection provided to Sri. Kshithiraj from the post situated in his property. The appellant alleges that the said electric line was drawn from the post erected in his property and the pathway owned by him without obtaining his consent. The appellant has filed petition before the CGRF, Ernakulam vide Petition No. OP No. 90/2017‐18 and the CGRF has dismissed it by order dated 31-03-2018, due to lack of jurisdiction. Still aggrieved by the said order, the Appellant has filed the Appeal Petition, before this Authority. In view of the factual position I don’t find any reason to interfere with the findings and decision taken by the CGRF, Ernakulam in this case and hence the order of CGRF is upheld. 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.
P/025/2018 - Sri. Nazer N, Kannur

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The appellant had submitted an application for service connection before the Assistant Engineer, Electrical Section, Dharmadam, Kannur and remitted an amount of Rs.4,70,408/- as ECSC for installation of 100kVA transformer at APA Complex. The grievance of the appellant is that the respondent failed to effect the service connection timely. Aggrieved by this, the appellant approached the CGRF (North), Kozhikode, with his petition dated 29-11-2017 requesting compensation for the delay. The CGRF disallowed the petition and directed the appellant to approach the officer entrusted by the Licensee for compensation for not maintaining the Standards of Performance in energizing the transformer, vide order No. OP 132/2017-18 dated 17th March 2018. Still aggrieved by the decision of the CGRF, the appellant filed this appeal petition before this Authority seeking compensation for the delay in effecting the service connection. From the analysis done and conclusions arrived at, I take the following decision. It is left open to the appellant to approach the authorities of licensee for compensation, if desires so. In the above circumstances the appeal is disposed of as above. The order of CGRF in OP No. 132/2017-18 dated 17-03-2018 is upheld. Having concluded and decided as above, it is ordered accordingly. No order as to costs.

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