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Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/079/2016 Smt. Saudha Beevi S., Kollam

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The appellant, Smt. Saudha Beevi S, is a consumer with consumer No. 358, under the jurisdiction of Electrical Section, Kottarakkara (West). The appellant has got 40 cents of land in Ward No. 3 of Kottarakkara Municipality, which is located near Muslim Street. The appellant divided 40 cents of land to her 3 daughters with 10 cents each and all of them are intending to construct their own building in the property allotted to them. The allegation of the appellant is that a transformer proposed to install in front of her property will cause danger to her life and property. So the installation of the transformer in front of the said property will be an obstruction for further construction of buildings. The appellant approached the CGRF, Kottarakkara with a complaint seeking immediate relief to avoid the erection of transformer in front of her property. But the Forum disposed the petition in OP No. 152/2016 dated 30-09-2016 directing the respondent to erect the transformer in the road side after taking safety precautions as per the prevailing rules. Against the order of the Forum, the appellant filed this petition before this Authority. In view of the above discussions, the respondent is directed to carry out the installation of transformer to the site as recommended by the Enquiry Commission. Having concluded and decided as above it is ordered and the appeal is disposed of accordingly. The order of CGRF in OP No. 152/2016 dated 30-09-2016 is set aside. No order as to costs.
P/081/2016 Sri. Shahul Hameed Kollam.

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The appellant, Sri Shahul Hameed, is a consumer under the jurisdiction of Electrical Section, Karunagappally (South). The appellant’s case is that an extremely dangerous High-Tension 11 kV line which is passing through densely populated residential area from the KIP transformer to Railway Station Road in the 13th Division of Karunagappally Municipality. It is alleged that as the above High Tension line is in hazardous situation due to dilapidated posts and excessively sagging of bare conductors, the then Executive Engineer proposed an alternative route to shift the line during 2010-2011 and the then Chief Engineer approved the project and the preliminary works were started. The appellant further argued that the project got delayed due to some unknown reasons. By that time, some persons purchased the paddy fields and nearby lands and built office of their construction company at the point where the 11 kV line passing through paddy fields meets the railway station road. The appellant suspects that the KSEB officials are hand in gloves with the land mafia and against for the decommissioning the 11 kV line through the densely populated area. So the appellant along with the residents of that area filed a complaint before the Consumer Grievance Redressal Forum [South], Kottarakara. But the Forum dismissed their complaint vide order dated 30-09-2016. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. Under the above mentioned circumstances, it is held that in the case of appellant and others are of dire need for shifting the feeder they can approach the licensee expressing their willingness to pay the labour charges for the shifting work. In that event, the respondent shall consider the entire issue and find out a feasible route to shift the feeder passing through the appellant’s area with minimum labour charges. However, it is made clear that the 11 kV feeder passing through the thickly populated area must be maintained as per standards without any delay. The appeal petition is disposed of accordingly. The order of CGRF in OP No. 139/2016 dated 30-09-2016 is set aside. No order as to costs.
P/080/2016 Sri. Beeran Koya West Hill, Kozhikode.

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The appellant, Sri Beeran Koya, is a consumer having No. 23398 with a connected load of 6 kW under the jurisdiction of Electrical Section, Mankavu. During inspection in the appellant’s premises on 14-09-2012, unauthorized additional load (UAL) to the tune of 75 kW was detected. Hence a penal bill for the period from 3/2012 to 7/2012 for an amount of Rs. 2,01,332.00 was issued and the same was paid by the appellant. While so, the Audit party noticed that though the appellant has regularized the additional load only on 16-03-2013 the penalization was not continued for the period from 9/2012 to 7/2013. Thus a short assessment bill for an amount of Rs. 5,02,636.00, towards the penal charges for unauthorized additional of 75 kW was issued on 27-11-2015 for the period from 9/2012 to 7/2013. Aggrieved against the bill, the appellant filed an objection before the Assessing Officer on 09-12-2015, which was dismissed vide proceedings dated 15-01-2016. So the appellant approached the CGRF with a petition and the Forum allowed the petition in part and quashed the impugned bill. Still not satisfied with the decision of CGRF in OP No. 179/2015-16 dated 22-06-2016, the appellant has filed this appeal petition before this Authority. In view of the reported decision of Hon’ble High Court referred above, the case in hand, the respondent failed to make a provisional assessment during the period under dispute after giving an opportunity to file objection. But the respondent simply imposed penalty for an amount of Rs. 5,02,636.00 even without observing the procedural formalities contemplated under Section 126 (2) & (3). Therefore, the penal bill issued for Rs. 5,02,636.00 is hereby quashed. However, the respondent is free to initiate fresh proceedings if it is proposed to impose penalty on the allegation of continued usage of unauthorized additional load for the period from 9/12 till the date of application for regularization the quantum of penalty shall be limited as per the method described above. The imposition of penalty, if any, proposed shall be finalized by the respondent at any rate within a period of 30 days from the date of receipt of a copy of this order. The appeal petition is disposed of accordingly. The order of CGRF in OP No. 179/2015-16 dated 22-06-2016 is modified. No order as to costs.
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