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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/005/2017 Prof: G. Raveendran Nair, Kochi

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The appellant is running an institution called Amrita Vidyalayam at Kurampala, Pandalam, Pathanamthitta District and having a 3 phase electrical connection vide consumer no : 1146142015447 (LT 6F tariff) under Electrical Section, Pandalam with a sanctioned connected load of 10 Kilowatts. On 25-08-2009 the Division Squad with the officials of the Electrical Section, Pandalam inspected the premises of the school and found that the equipments are connected in excess to the connected load already granted. The respondent issued provisional bill assessment for an amount of Rs. 2,73,162/- being short remittance for alleged unauthorised load of 40 kW, dated 28-09-2009 as envisaged 126 of the Electricity Act 2003. The assessing officer after hearing has finalised provisional assessment for an amount of Rs. 1,19,202/- in the final assessment bill dated 25-11-2009. Aggrieved by the assessment bill issued by the respondent, the appellant filed a petition before the Honourable High Court of Kerala under WP(C) 34744/2009 praying to restrain the Assistant Engineer from initiating the penal charge and consequential proceeding for disconnection of the electric supply. The Hon’ble Court disposed the WP(C) 34744/2009 on 04-06-2015 by directing the consumer to file the complaint before the Kerala State Appellate Authority within one month. Pursuant to the judgment in the writ petition, the appellant filed a petition before the Appellate Authority. The Appellate Authority had ordered to set aside the final assessment issued by the respondent in order no. DB/ES/UAL/PRDG/01 dated 9/11/2009 and also directed the respondent to issue revised assessment under LTVI A tariff for the unauthorised additional load of 19 kW. As per the order of the Appellate Authority, the respondent revised the bill to Rs. 15,597/- being the balance amount to be paid by the appellant. Thereafter the respondent had issued a bill amounting to Rs. 1,79,940/- towards fixed charge for the unauthorised load connected from 12/2009 (19 kW), from 10/2010 (25 kW) and from 9/2015 (54 kW). Aggrieved to this short assessment bill, the appellant had filed a petition before the CGRF, South, Kottarakkara. The CGRF has dismissed the petition on finding that the bill dated 28-04-2016 for Rs.1,79,940/- is in order and directed the appellant to remit the amount within one month from date of receipt of the order. Aggrieved by the decision of CGRF, the appellant has submitted the appeal petition before this Authority. In view of the above discussions, the issuance of short assessment for an amount of Rs 1,79,940/- is illegal and not sustainable and hence it is hereby quashed. The respondent is directed to regularise the load of the appellant after inspection within a period of 30 days from the date of receipt of this order and report compliance. The order of CGRF in OP No. 132/2016 dated 19-12-2016 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/022/2017 Fr. Prior, St. Antony’s Monastery, Ernakulam

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The appellant represents St Antony’s Monastery, Aluva having consumer number 4194 under LT VII A tariff and is under the jurisdiction of Electrical Section, Aluva. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 08-12-2016 directed the appellant to remit an amount of Rs. 27,300/- plus surcharge being the short assessment based on the findings of AG’s audit that the fixed charge of three phase was not charged for 78 months. An objection against the demand was filed before Hon’ble CGRF and he not admitted the petition without quoting any valid reason or regulations. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above findings the short assessment bill dated 17-06-2012 for Rs. 27,300/- is hereby quashed. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/001/2017 Sri Asokan Vasu, Kollam.

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The appellant is running a hotel in the name and style M/s Mangalath Hotels and Resorts, Chadayamangalam having consumer number 5762 under the jurisdiction of Electrical Section, Chadayamangalam with a connected load of 3830 Watts. On 20-12-2011, the appellant had submitted an application for a load of 68 kW, after remitting the required application fee and Rs. 3,64,314.00 being the estimate charges for installing one 100 kVA transformer after constructing 100 metres of 11 kV line and after complying with all necessary formalities. On completion of the work on 06-11-2012, the respondent conducted a physical verification in the premises which revealed the actual connected load in the premises was 141 kW instead of 74.853 kW as per completion report submitted by the appellant. Hence he was directed to avail HT connection after observing all formalities or to physically dismantle the load beyond LT limit. The appellant was directed to remit Rs. 16,320.00 and Rs. 40,800.00 being the unconnected minimum charges (UCM) vide letters dated 24-05-2013 and 10-10-2013, as he has not regularized the additional load or not availed HT connection as directed. The appellant filed a Writ Petition No.31413/2013 before the Hon’ble High Court of Kerala challenging the demand and recovery and requesting to provide electric connection under LT category. The Hon’ble court issued an interim stay on the UCM demand. Later the appellant had submitted an application dated 20-01-2014 stating the connected load was reduced to below 80kW and for effecting the supply under LT category. Since the respondent did not effect connection, the appellant again approached the Hon’ble High Court. The Hon’ble Court issued interim orders in the writ petition directing the Board to conduct an inspection in the premises and to apprise the facts regarding air conditioners as well as cable connection stated by the appellant. An inspection report was prepared based on the statement, site mahazar and the observations and an order was issued by the Assistant Executive Engineer, Electrical Sub Division, Ayoor rejecting the request of the consumer. On 30-01-2016, Kottarakkara Electrical Division Squad inspected the premises of the Consumer No. 5762 and an unauthorised additional load of 75378 Watts was detected and a provisional assessment for Rs.7, 72,007.00 for the entire period i.e. from 12/2013 to 12/2015 was prepared and issued to the appellant. The appellant had filed an objection dated 10.02.2016 against the provisional assessment before the Assessing Officer. Considering the facts raised by the consumer, the Assessing Officer reassessed the Provisional Bill and reduced to Rs. 2,37,120.00 (Rupees Two Lakhs Thirty Seven Thousand one hundred and Twenty) and final bill issued on 29-02-2016. Aggrieved by this the consumer filed another writ petition before the Honourable High Court vide WP(C) No 10261/2016 and the Honourable High Court in its Judgement dated 30-03-2016 ordered that "recovery steps for recovery of amounts confirmed against the petitioner shall be kept in abeyance for a period of two weeks, so as to enable the petitioner to move the Consumer Redressal Forum for appropriate relief." Accordingly the appellant approached the CGRF (South) vide OP No.124/2016. The CGRF dismissed the petition as it is found no merit in the contentions of the appellant; vide order dated 05-12-2016. Aggrieved by the order passed by the CGRF, the appellant has filed appeal petition before this Authority. In view of the above discussions, the short assessment bill for an amount of Rs. 2,37,120/- is hereby quashed. The fixed charges must be realized from the appellant from 30-01-2015 to 05-09-2016 for 80 kW, if not collected earlier. The order of CGRF No. 124/2016 dated 05-12-2016 is set aside. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant stands disposed of with the decisions ordered as above. No order on costs.
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