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Order by: Default | Name | Date | Hits | [Descending]
Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/002/2017 Sri. Jaffer Khan Ernakulam

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The appellant, Sri Jaffer Khan, is conducting a plywood unit in the name and style of M/s Perfect Plywoods. The appellant’s unit is provided with an LT three phase service connection with consumer number 18856 under the jurisdiction of Electrical Section, Valayanchirangara. It is alleged that the agent entrusted for arranging service connection after installing a transformer under the ‘Minimum Guarantee Scheme’ has made arrangements for installation of transformer under OYEC scheme by mistake. Hence the appellant has to pay huge amount of Rs. 6,98,948.00 towards the installation of transformer. Even though the respondent allowed 12 instalments @ Rs. 36,276.00 towards the installation charges of the transformer under OYEC scheme, the appellant could only remit the first instalment as per the above sanction. Further, the appellant has defaulted remittance of current charges as well as OYEC instalments, a notice was issued to him by the respondent to remit the amount with interest. Instead of remitting the amount, the appellant approached the Hon’ble High Court by filing WP(C) 5050/2015 which was disposed of by directing to remit one-half amount. Against this, the appellant filed a Writ Appeal No. 618/2015 wherein the Division Bench directed not to insist one-half payment but to consider his application and pass appropriate orders. On the application submitted by the appellant, since no favourable order was passed the appellant again approached the Hon’ble High Court vide WP(C) No. 11593/2016 wherein the Hon’ble High Court was pleased to dispose of the petition granting the appellant to remit the arrears in instalments. However, the appellant could not remit the dues and the respondent issued demand notice dated 16-06-2016 demanding Rs. 6,63,558.00 towards the OYEC instalments and Rs. 57,803.00 towards the penal interest. Aggrieved against this the appellant approached with a petition before CGRF, Ernakulam. The appellant also filed Writ Petition No. 34558/2016 before the Hon’ble High Court. The appellant alleged that the respondent disconnected the service on 16-06-2016 and later dismantled on 28-10-2016. The CGRF dismissed the petition vide order in No. 77/2016-17 dated 21-12-2016. Aggrieved against the order of Forum, the appellant has filed this appeal petition before this Authority. In view of the above discussions the respondent is hereby directed to revise the arrears pending in this case and to allow the appellant to clear the same in 6 installments. The appellant is directed to remit the 50% of the arrears as first installment within 30 days from the date of receipt of intimation from the respondent. The service shall be reconnected within a period of 15 days from the date of payment of first installment. It is also directed to sanction 5 equal installments for remitting the balance arrears. The respondent is directed to revise the penal interest after 17-04-2015. The interest shall be levied strictly in accordance with the Regulation 131 (2) of Supply Code, 2014. If the appellant fails to remit the amount of arrears with interest on or before due date indicated in the demand notice, the licensee may initiate proceedings for the recovery of arrears in accordance with the relevant legal provisions. The appeal is disposed of accordingly.
P/068/2016 Federal House Construction Co-operative Society, Aluva, Ernakulam.

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The appellant is a co-operative society engaged in the construction of residential houses/apartments for officers of Federal Bank Ltd. and has applied for a power requirement of 600 kVA to 65 residential villas under the name and style ‘Federal Village’ at Ellorkara, Aluva under Electrical Section, Aluva North. The licensee has demanded a sum of Rs.14,52,000.00 computed @ Rs.2420.00/kVA as pro-rata transmission side development charges on per kVA basis from the appellant, towards proportionate cost for enhancing the capacity of Aluva Sub Station, vide letter No. DB3-7/Aluva/2012-13/1480 dated 16-01-2013 of Executive Engineer, Electrical Division, Aluva. Against this demand, the appellant had filed WP (C) 2087/2013 and the Hon’ble High Court in its interim order dated 22-01-2013 directed KSEB to effect power connection without collecting per kVA development charges and in judgment dated 06-06-2016, it was directed the appellant to approach the CGRF and accordingly the Writ Petition was disposed of. So the appellant filed a petition before the CGRF which was disposed of vide Order No. 29/2016-17 dated 30-09-2016, with a direction that the demand raised by the respondent is correct and the appellant is bound to pay the same. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition.
P/075/2016 Smt. Shylaja Thiruvananthapuram.

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The appellant is representing an industrial consumer named ‘Shapill Industries and Saw Mill”, with consumer No. 3426, under the jurisdiction of Electrical Section, Ottasekharamangalam. The grievance of the appellant is that a short assessment bill amounting to Rs. 34,331.00 was issued by the respondent alleging power factor penalty during the period from 10/2013 to 6/2015 as per the report of Regional Audit Officer. According to the respondent, introduction of ToD metering and billing system to all LT industrial consumers those having connected load of 20 kW or above are given an opportunity to declare their contract demand. Such LT industrial consumers are shifted to ToD billing system on the basis of declaring their contract demand. But ToD billing system was not properly done up to 06/2015 and this was noticed during the audit by the Regional Audit Officer. Non-implementation of ToD billing system has resulted in excess collection of current charge and lesser collection of demand charges. Similarly no power factor penalty was realized nor any incentive given. Hence as per the audit, the appellant was issued short assessment on demand charges, current charges and penalty for power factor compensation. Aggrieved against the short assessment, the appellant filed petition before the CGRF, Kottarakkara which was dismissed vide order in OP No.125/2016 dated 28-09-2016. Still aggrieved, the appellant preferred an appeal praying for an exemption to remit the short assessment of Rs. 34,331.00. In view of the above findings, the short assessment bill issued to the appellant for Rs. 34,331.00 is not sustainable and hence quashed. The order of CGRF in OP No.125/2016 dated 28-09-2016 is set aside. No order as to costs.
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