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Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/019/2017 Sri Ashraf P.M. Thrissur

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The service connection with consumer No. 1648 under Electrical Section, Thalikulam was registered in favour of the appellant’s father, Sri Muhammed, who expired during 2005. Since the appellant failed to remit the electricity charges of the above service from 4/1999 onwards, the respondent disconnected the service during 2009 and subsequently dismantled. So, the appellant had filed a petition before the Consumer Disputes Redressal Forum (CDRF), Thrissur against the dismantling of the service connection. The appellant also requested for reconnection and to compensate the loss sustained to him due to the dismantling of service by the respondent. The Hon’ble CDRF, Thrissur, disposed of the complaint vide order No CC.66/2010 dated 16-05-2014 after allowing the complaint partially and the following orders are passed. a) “To restore the power supply is made absolute. b) The complainant is directed to submit application for exemption to the Agricultural Officer within one month, who should dispose the same within a month. If he is found eligible for exemption, he has right to get exemption from the inception. c) No order as to costs”. Even though the respondent reconnected the service as per the orders of CDRF, the appellant had not produced any sanction from the Agricultural Officer for exemption of payment of electricity charges. Hence the respondent issued notice for disconnection along with arrear bill. But the appellant has not remitted the arrear bill; the service was disconnected and later dismantled after issuing notice to the appellant and revenue recovery proceedings initiated to recover the arrear amount. Aggrieved against this, the appellant filed a petition before the CGRF, Ernakulam on 23-01-2017 which was not admitted but rejected on the ground that the complaint does not come under the category of grievance of an ‘Electricity Consumer’ as specified in the Regulations, vide letter No. CGRF-CR/Misc/2016-17 dated 31-01-2017. Feeling aggrieved with the above decision, the appellant has filed this appeal petition before this Authority with a request to restore the electricity connection, to set aside the arrear bill and also to cancel the RR action already initiated against the appellant. Having considering the totality of the facts and circumstances, I hold that the demand issued to the appellant is not sustainable and hence the same is quashed. The respondent is directed to issue fresh demand towards the electricity charges for the period after 2009 in accordance with the Regulation 136(3) of Supply Code, 2014. This shall be done at any rate within 30 days from the date of receipt of this order. No surcharge shall be levied from the appellant during the appeal pending period. 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 as to costs.
P/009/2017 The Administrator Ursala Hospital, Ambalappuzha

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The service connection with consumer No. 867 is effected in favour of M/s. Ursala Hospital under Electrical Section Ambalappuzha under LT VI A tariff. The connected load of the premises is 70000 Watts. The Anti Power Theft Squad (APTS) Wing of KSEB Ltd conducted an inspection in the appellant’s premises on 25-05-2016 and detected that the tariff assigned to the appellant was LT VI A tariff instead of LT VI F. The appellant had been enjoying the concessional tariff, which is eligible only to those consumers having registration under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, the donation to which are exempted from income tax. Since the appellant was billed under LT VI A tariff, a short assessment bill dated 27-05-2016 for Rs. 1,55,139.00 was issued towards the undercharged amount due to wrong fixation of tariff. Aggrieved against this, the appellant approached with a petition before CGRF (Central), Ernakulam, which was disposed of by the Forum vide order in OP No. 49/2016-17 dated 26-09-2016 by cancelling the short assessment bill dated 27-05-2016 for Rs. 1,55,139.00 and directed the respondent to change the tariff under LT VI F only after issuing a notice under Regulation 97 of Supply Code, 2014. Against the above order, the appellant has filed this appeal petition before this Authority with a request to retain the tariff under LT VI A till the appellant gets the certificate 80G from Income Tax Department. Considering the above facts and legal provisions pertaining to the issue this Authority is of the considered view that the appellant’s premises is not eligible for tariff under LT VI A. However, it is left open to the licensee to consider the issue afresh after observing the procedure for suo moto reclassification of consumer category as per Regulation 97 of Supply Code, 2014, to recover the undercharged amount due to wrong classification of tariff during the period in question. So, in view of the above findings, the appeal petition stands dismissed as it is found having no merits. The order of CGRF No. CGRF-CR/Comp.49/2016-17 dated 26-09-2016 is set aside. No order as to costs.
P/014/2017 The Secretary Thrikkakkara Municipal Co-operative Hospital Society Ltd., Kakkanad

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The appellant is the Secretary of the Thrikkakkara Municipal Co-operative Hospital Society Ltd. No. 993, Kakkanad and the institution is registered under the Co-operative Society Act. The hospital had two service connections with consumer Nos. 41016 and 41017 availed on 24-12-2012 having a connected load of 9 kW and 7 kW respectively. The tariff assigned at the time of connection was LT-VI A. It is alleged that during the inspection conducted by the Audit Wing of KSEB Limited it was detected that the tariff was wrongly assigned to LT VI A instead of LT VI F. The appellant had been enjoying the concessional tariff under LT VI A, which is eligible only to those consumers registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, the donation to which are exempted from income tax, vide tariff order dated 25-07-2012. So, the appellant was issued with short assessment bills for Rs. 54,413.00 and Rs. 92,980.00 to recover the undercharged amount due to wrong fixation of tariff to consumer Nos. 41016 and 41017 respectively for the period from 12/12 to 06/2015. Aggrieved against this, the appellant approached with a petition before CGRF (Central), Ernakulam which was dismissed by the Forum vide order No. 92/2016-17 dated 29-12-2016. Not satisfied with the above decision, the appellant has filed this appeal petition before this Authority with a request to set aside the short assessment bills and to retain the tariff under LT VI A. Considering the above facts and legal provisions pertaining to the issue this Authority is of the considered view that the appellant’s premises are not eligible for LT VI A tariff. So, the appeal petition stands dismissed as it is found having no merits. However, it is made clear that the period of short assessment shall be limited for a maximum period of 24 months as per Regulation 152(3) of Supply Code, 2014. Installment facility, if any, requested by the appellant shall be sanctioned as per Regulation 152(4). The order of CGRF in No. 92/2016-17 dated 29-12-2016 is modified to the extent as ordered above. No order as to costs.
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