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Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/032/2017 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 three phase service connection is 10480 under LT VI F tariff and is under the jurisdiction of Electrical Section, Medical College, Thrissur. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 01-10-2014 directed the appellant to remit an amount of Rs. 58,058/- based on the site mahazar prepared consequent to the inspection of APTS unit Thrissur on 26-09-2014, being the short assessment for not recording one phase of the meter from 31-05-2014 to 26-09-2014. An objection against the demand was filed before the Assistant Engineer on 13-10-2014. Later another revised bill dated 02-03-2015 amounting to Rs.133748/- was issued to the consumer based on the average consumption after the replacement of the meter. Another objection against the demand was filed before the Assistant Engineer on 10-03-2015. After a personal hearing conducted, a final revised short assessment bill dated 21/04/2015 for Rs.74,830/- was issued. So the appellant had approached the Hon’ble CGRF (CR) by filing a petition in No. 26/2015-16. The Forum directed the respondent to revise the bill with the percentage error mentioned in the mahazar for 24 months preceding the date of inspection, vide order dated 30-06-2016. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above facts, the revised bill for Rs. 3,66,798/- towards the short assessment during the alleged faulty meter period is hereby quashed. The respondent is directed to reassess the consumption from 31-05-2014 to 29-10-2014 based on the average consumption from the three billing cycles after the replacement of the meter on 29-10-2014 and to revise the bill accordingly. The respondent shall issue the revised bill to the consumer with thirty days time (due date) given for making the payment. The order of CGRF in Petition No. 26/2015-16 dated 30-06-2016 is hereby set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/037/2017 Sri. Aliyar K.P., Ernakulam

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The appellant is running a plywood manufacturing unit named Kokkadan Plywoods, at Aimury, under the jurisdiction of Electrical Section, Kuruppampady having consumer number 15020, the tariff assigned is LT IV A and the sanctioned load is 81845 watts. While so on 04-10-2016, the APTS of KSEB conducted an inspection in the premises and found that the energy used in one phase (out of 3 phases) was not recording in the TOD meter from June 2016 onwards. Accordingly, the party was served with a provisional short assessment bill, assessing for the period of 06/2016 to 09/2016, when the meter was found recording less than the actual, so as to recover the unrecorded portion of energy, for Rs. 1,44,510/-. The consumer lodged complaint before the Assessing Officer, the Asst. Engineer, against the said assessment on 14-10-2016 and it was finalized to Rs.130802/- on 20-10-2016, after conducting a hearing by the Assistant Engineer on 17-10-2016. Being not satisfied with the decision of the AE, the consumer approached the CGRF, Ernakulam, with Petition No. 101/2016-17 and the Forum directed the respondent to revise the period from 26-08-2016 to 04-10-2016 and to issue revised bill accordingly vide its order dated 15-02-2017. Aggrieved by the decision, the appellant has submitted the Appeal petition before this Forum. From the analysis done and the conclusions arrived at, which are detailed above, I take the following decisions. 1. The order dated 15-02-2017 issued by the CGRF, Central Region, in Petition No. 101/2016-17 is set aside. 2. The respondent is directed to revise the short assessment bills issued for the meter faulty period from 26-08-2016 to 04-10-2016 and for the CT faulty period from 18-11-2016 to 01-02-2017 based on the average consumption of the three billing cycles after the meter replacement on 01-02-2017. 3. 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. Having concluded and decided as above, it is ordered accordingly. No order on costs.
. P/046/2017 Sri. Alexander K.M., Kottarakkara

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The service connection bearing consumer No. 26466, in LT I A domestic tariff, under Electrical Section, Kottarakkara West, was originally stands registered in favour of Sri Alexander K.M. The sanctioned load of the connection is 2746 Watts. 2. A surprise inspection was conducted by the officials of the Electrical Section, Kottarakkara West on 18-11-2014 in the premises of the appellant and a site mahazar prepared. 3. It was found that the appellant had been using electricity for manufacturing wooden furniture with a connected load of 4376 Watts in the premises. A provisional assessment bill for Rs. 17,525/- was issued on 18-11-2014 under Section 126 of Electricity Act, 2003, under LT VII A tariff. The appellant filed a petition before the Assessing Officer on 21-11-2014. The provisional assessment was finalized on the same amount and final bill was issued on 09-03-2015. 4. The appellant filed an appeal before the Appellate Authority on 09-04 2015 after remitting 50% of the final assessed amount. (Rs.8833/-) The Appellate Authority issued orders on 25-09-2015 by setting aside the final bill and directed the respondent to revise the assessment by taking the assessment for entire usage of electricity at two times the fixed charges and energy charges under LT IV A tariff for a period of 12 months. 5. Accordingly a revised bill dated 11-11-2015 amounting to Rs. 1,967/-was served on the appellant. 6. It is stated by the respondent that arrear current charges from 26-11-2015 of the appellant was pending and a notice dated 28-02-2016 was pasted on the wall of the shop since the premises was under door lock. 7. The service connection was dismantled on 15-04-2016 due to non-payment of arrears and registered notice for revenue recovery has been sent, but returned unclaimed. 8. The appellant filed a petition before Kerala State Electricity Regulatory Commission, Thiruvananthapuram on 27-09-2016 for implementing the order of the Appellate Authority and against dismantling of the service connection. 9. The Regulatory Commission, vide its letter dated 21-11-2016, directed the appellant to submit the complaint before the CGRF and accordingly he filed a petition before the Forum on 25-11-2016. 10. The petition OP No. 302/2016 filed before the CGRF, Kottarakkara, by the appellant was disposed of on 14-03-2017 with the following observation and direction. “The main contention of the petitioner is that the order of the Appellant Authority has not been complied. But on perusing the records and hearing the parties that the disputed bill was revised and issued a bill for the balance amount of Rs.1967/- on 11-11-2015. On going through the appellate order on 25-09-2015, it is ordered that the assessment shall be revised within 15 days. But the revised order was issued after 45 days so the licensee has not complied the order properly in time.” “The Forum direct the consumer to submit a fresh application for he service connection after remitting dues, and the respondent is directed to take immediate steps for processing the application and giving connection to the petitioner.” 11. Aggrieved by this Order, the appellant has submitted the appeal dated 22-04-2017 before this Authority. With regard to the matter of compensation, the appellant is free to approach the licensee, as per Regulations of Kerala State Electricity Regulatory Commission (Standards of Performance of Distribution Licensees) Regulations 2015, if he desires so. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the consumer stands disposed of as such. No order on costs.
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