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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/059/2017 Smt. Gracy Varghese Ernakulam

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The appellant has filed the appeal petition, being aggrieved at the inaction of KSEB to shift the 11 kV electric line passing through her property to the road side, situated under Electrical Section, Chalakudy, in Thrissur District. She alleges that the said electric line was drawn long ago through her property. The 11 kV Muringoor feeder from the Chalakudy 110 kV substation to Muringoor under Electrical Section, Melur is partly passing through the property of the appellant. She owns the land and due to the Line passing above, she finds difficulty to construct a house in her property underneath the said Line. The KSEB authorities inserted one additional pole in her property without her consent. Though the appellant had approached the KSEB for shifting the 11 kV line and to remove the pole, it has not been materialized till date. Since no proper action was taken on the same, she has filed petition before the CGRF, Ernakulam vide Petition No. OP No. 129/2016‐17 and the CGRF had disposed it by order dated 25-03-2017, with the remarks as; “1. Through the petitioner’s property itself along the boundaries: The respondent agreed during the site visit that, they are ready to shift the existing line to the boundaries of the petitioner’s property at their own cost. The petitioner has also agreed to this proposal during the site visit”. 2. To shift the line through the side road as mentioned in the complaint by the petitioner: This side road is around 12 feet width and is not straight. This work requires large quantity of additional materials including poles. The consent of nearby property owners is also required for planting stays or struts etc while shifting the line. The amount required for shifting the line shall be met by the beneficiaries jointly”. “In view of the above circumstances, the respondent is directed to intimate the estimate amount required for the second option to the petitioner within one week. If the beneficiaries agree, this work may be executed; otherwise first option shall be executed by obtaining written permission from the petitioner”. Accordingly the respondent had sent a letter dated 31-03-2017 for obtaining consent to shift the line on the boundary of the appellant’s property. As the appellant had not responded to this letter, the respondent had also prepared an estimate amounting to Rs. 8,60,500/‐ and demanded the appellant to remit the same for shifting the line on the road side. Still aggrieved by the said order of the CGRF, the Appellant has filed the Appeal Petition, before this Authority. From the analysis done and conclusions arrived at, I take the following decision. If the appellant is willing to shift the existing line to the boundaries of her property, the respondent shall carry out the work at their own cost as agreed by the respondent and ordered by CGRF in its order dated 25-03-2017 in OP No. 129/2016-17. The second option is that the KSEBL shall take action to shift the portion of the 11 kV OH line and ABC from the property of the appellant along with upgradation work of Chalakudy Substation, without collecting any cost from the appellant. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed to the extent it is ordered.
P/061/2017 Sri. Chacko Varghese, Thiruvananthapuram.

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The appellant is a consumer of electricity in LTIV tariff under the Beach Electrical Section Office of the KSEBL at Thiruvananthapuram with consumer number 10279. The Complaint is against the short assessment demand dated 18-08-2010 issued by the Assistant Engineer for an amount of Rs. 98,481/- towards arrears of electricity charges for the period 6/2004 to 10/2004 on the basis of a Audit report of the Regional Audit Officer. Challenging the above demand dated 18-08-2010, the appellant submitted a complaint CC No 276 of 2010 before the District Consumer Disputes Redressal Forum, Thiruvananthapuram which was dismissed as per Order dated 01-11-2016 as not maintainable before that Forum without prejudice to file it before proper Forum for adjudication.. So the appellant had approached the Hon’ble CGRF Kottarakkara by filing a petition in OP No. 275/2016. The Forum quashed the short assessment bill for Rs. 98,481/- and directed the respondent to revise the bill from 07/2004 to 10/2004 on the basis of 3 months average consumption from 11/2004 to 01/2005. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the analysis done and the Findings and conclusions arrived at, I take the following decisions. The respondent has failed to replace the faulty meter for quite some months and even after its replacement in 09/04 and getting the true average consumption, failed to reassess the consumer subsequently. In the case of assessment done for the Industrial unit, pertaining to the period of 06/2004 to 11-09-2004, it is seen that the consumer was being billed with an average energy consumption of 10360 units per month. Later, after changing the faulty meter, the average energy consumption was obtained as 15853 units per month, as per Reg. 33(2) of T & C of supply. Accordingly the respondent has raised a bill for the meter faulty period of 06/2004 to 09/2004, with the difference of 27892 units. It is decided that the total assessment done for the disputed meter faulty period from 01-06-2004 to 11-09-2004 by the Respondent, has to be revised taking the average of previous six months consumption as 14687 units instead 15853 units and the actual consumption in the new meter for the remaining days of 09/2004. The respondent is directed to revise the bill as decided above and shall issue to the consumer with thirty days time (due date) given for making the payment. The consumer is also eligible for installments, if requested for, and the respondent may allow the same. No interest is payable by the consumer up to the due date of the revised bill as ordered now. But the consumer needs to pay the applicable interest for the installments from the due date of the revised bill, to the date of actual payment of installments. Having concluded and decided as above, it is ordered accordingly. The order dated 18-05-2017 of CGRF (SR) in OP No. 275/2016 is set aside. No order on costs.
P/067/2017 Sri. C.V. Thomas & Smt. Kunjumol, Kollam.

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The appellant has filed the appeal petition, being aggrieved at the inaction of KSEB to shift the transformer erected in their property without consent and the failure to remove the private advertisement board in the label of KSEB without consent, under Electrical Section, East Kallada, Kollam. They alleged that the said transformer erected in their property without obtaining consent. Though the appellant had approached and sent complaints to higher authorities no proper action was taken on the same. The appellants have filed petition before the CGRF, Kottarakkara vide Petition No. OP No. 280/2016 and the CGRF has disposed it by order dated 01-03-2017, with a direction to the respondent; “ the respondent is directed to place the name board of the transformer with “Federal Bank Transformer”. Since this order was not complied with by the respondent, the appellant has filed the Appeal Petition, before this Authority. From the conclusions arrived at as detailed above, I decide to upheld the order of CGRF, Kottarakkara in OP No. 280/2016 dated 01-03-2017. The respondent shall take action to rename the transformer within a period of 15 days from date of receipt of this order and inform the appellant after making necessary entries in the office records. 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. No order on costs.
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