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Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/051/2017 Sri. Arun R Chandran, Ernakulam.

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the appellant’s three phase service connection is 683 with tariff LT VI F which is coming under the jurisdiction of Electrical Section, Anchal West, Kollam. The appellant is paying the current charges regularly without any dues or delay. But the respondent as per the invoice dated 28-10-2016 directed the appellant to remit an amount of Rs. 18355/- being the short assessment based on the findings that the meter was faulty for the month of 02/2016. Against the short assessment bill, the appellant had approached the Hon’ble CGRF (SR) by filing a petition No. 300/2016. The Forum dismissed the petition due to lack of merit. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the analysis done above and the conclusions arrived at, I take the following decisions. From the conclusions arrived at as detailed above, I am fully convinced that the request of the appellant is reasonable and hence admitted. I decide that the order of the CGRF stands quashed. The short assessment bill amounting to Rs. 18,355/- issued to the appellant is set aside. The respondent is directed to revise the bill for 3/2016 by taking the average consumption for 02/2016, 01/2016 and 12/2015 and issue the revised bill to the consumer with fifteen days time (due date) given for making the payment. 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.
P/050/2017 Sri. Anandan, Thiruvananthapuram

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The appellant is a domestic consumer having consumer number 2811 under the jurisdiction of Electrical Section, Kottukal. The appellant complaints that in his absence, the respondent has drawn electric over head line through his property to the nearby house owned by his brother, without his consent. The respondent had cut and removed the trees in his property for drawing the OH line which caused heavy loss to him. Another complaint raised by the appellant is that the respondent disconnected his domestic electric connection. The appellant raised objection against disconnection of service and requested restoration of supply. Being aggrieved, he filed petition before the CGRF, Kottarakkara and not satisfied by its decision, the appellant has filed the appeal petition. From the analysis done and the conclusions arrived at, which are detailed above, I take the following decisions. 1. The respondent is directed to reassess the bills from 03/2008 to 07/2017 under BPL category as per the relevant tariff orders issued by the KSERC from time to time and the excess amount collected shall be refunded with interest at bank rate or adjust in the future bills after effecting reconnection, if any. 2. The respondent is directed to give reconnection after settling the dispute, if he desires. If he not required reconnection, dismantle the connection after issuing proper notice, within a period of 45 days from the date of this order. 3. The bills from 11/2016 to the date of reconnection shall be settled in accordance with the prevailing tariff orders. 4. The respondent shall inspect the premises by issuing notice in advance and fix the existing connected load before effecting reconnection. 5. The request of the appellant for compensation for the loss incurred is rejected. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/026/2017 Sri. Salilan, Kollam.

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The appellant, Sri Salilan, Indhu Nivas, Mylamkulam, Puthur is an Industrial consumer under Electrical Section, Veliyam, Kollam bearing Consumer No.23136. This connection had been effected on 22-6-2011 to M/s. ‘Parth Precision Cast’ situated in the Mini Industrial Estate at Nalkavala, Pooyappally under Minimum Guarantee scheme with a connected load of 84 KW under LT-IV industrial tariff. The MG period for which the consumer is bound to pay the minimum amount as per the Agreement was for seven years from July 2011. The appellant had remitted current charges up to 05/2014 only and due to non-payment of electricity bills, the electric service connection was dismantled on 06-02-2015 and Revenue Recovery Notice for Rs. 6,33,242/- was issued to him towards the arrears of bills and the MG charges to be paid plus interest, for the realization of the amount. After initiating the RR action, as per the orders of KSEB, reconnection was effected in the premises on 05-03-2016 bearing a new consumer No. 25898 after collecting first installment amounting to Rs. 2,34,302/- on 30-12-2015 and with a condition to pay the balance amount by 10 monthly instalments without default. The appellant remitted instalments up to 01-07-2016 and due to default of balance installment, the service connection was disconnected on 01-08-2016. The appellant has requested to exempt from the action of revenue recovery ordered against him considering his present financial difficulties, and the amount already remitted at the KSEB and at the Village office as per the RR Action. The petition submitted before the CGRF was disposed of vide order OP No. 223/2016 dated 30-12-2016 with a direction to the respondent that he shall inform the Revenue Recovery authority to collect only the amount of Rs. 1,19,254/- from the consumer within 7 days from the date of receipt of the order. Still not satisfied with the order, the appellant filed this appeal petition before this Authority. This Forum intends to look into the facts of any ‘over payment’ and whether he is eligible for relief if any. 1. The order of CGRF in OP No. 223/2016 dated 30-12-2016 is herby quashed. The respondent is directed to take action to keep in abeyance the RR procedure for a period of 30 days from the date of receipt of this order. 2. The respondent is directed to examine whether the line and transformer became self remunerative within the guarantee period and if so such benefit shall be given to the appellant from the month on which it became self remunerative. The Respondent shall take action to declare the Line as Self remunerative from such date onwards as the AEE has reported it as eligible for the same. The appellant is required to pay further, a balance amount only, if any, in such a situation. This shall be done within a period of 30 days from the date of receipt of this order by preparing a detailed calculation statement and to issue the same to the appellant. 3. The respondent is directed to ensure the benefit of interest, if any, on Security Deposit at the date of adjusting the SD while finalizing in the balance MG amount. The respondent is also directed to consider the possibility of reducing the rate of interest of 18% under ‘one time settlement’, if the appellant submits an application for the same. 4. No interest need be payable by the consumer from the date of submission of the petition before the CGRF till the ‘due date’ of the revised bill as per this order. 5. The appellant is free to approach the licensee for reconnection as per rules after closing the MG agreement and settling the dues, if any, after adjusting the above amounts on reassessment. The excess amount, if any, shall be refunded to the consumer. Having concluded and decided as above, it is ordered accordingly. No order on costs.

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