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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/064/2016 Sri. Suresh Babu P Kozhikode

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The commercial service connection (LT VII A) with consumer No. 18490 under Electrical Section, Vellimadukunnu is registered in the name of Sri Abdul Kareem P. P. The appellant, Sri Suresh Babu is the present occupier of the premises, who is running a fruit and vegetable shop in the above premises. The sanctioned connected load of the premises was 1080 Watts. It is alleged that the appellant connected unauthorized additional load to the extent of 6 kW and was issued a provisional bill amounting to Rs. 77,462.00 as per Section 126 of Electricity Act, 2003. Though the registered consumer Sri Abdul Kareem filed objection against the provisional assessment, the respondent revised the assessment and issued a final bill for an amount of Rs. 74,324.00. But the respondent argued that the assessment is made under Section 126 of the Act, the CGRF and Ombudsman is barred from entertaining such complaints in view of Clause 2 (1) (f) (vii) (1) of the KSERC (CGRF and Electricity Ombudsman) Regulations, 2005. In short, the appellant herein is not entitled to file a complaint before CGRF or this Authority against the bill raised under Section 126 of Electricity Act. If he had got strong arguments against the disputed bill, he ought to have raised the same before the Appellate Authority under Section 127 of the Act. Such a course is the only remedy available to him.
P/084/2016 - Sr. Mercy John, Kollam

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The service connection with consumer No.1289 is effected under HT II (B) tariff in favour of M/s St. Joseph’s Mission Hospital, under Electrical Section, Anchal. The appellant had submitted an application for tariff change from HT II (B) to HT II (A) to Special Officer, Revenue, Thiruvananthapuram, which was forwarded to Deputy Chief Engineer, Electrical Circle, Kottarakkara. But the Deputy Chief Engineer, Electrical Circle, Kottarakkara had rejected the request with an observation that the tariff change can be granted only on production of permanent certificate from the Income Tax Department without any condition. Aggrieved against this decision, the appellant approached with a petition before CGRF (South), Kottarakkara, which was dismissed by the Forum vide order in OP No.1632/2015 dated 20-02-2016. Still aggrieved against the above order, the appellant has filed this appeal petition before this Authority. In view of the above discussions and considering the facts, circumstances and legal provisions pertaining to the issue this Authority is of the considered view that, as per the provisions of the tariff order dated 14-08-2014 issued by the Commission, the appellant, St. Joseph Mission Hospital, Anchal is not eligible for HT II A tariff. The order of CGRF in OP No.1632/2015 dated 20-02-2016 is set aside. The appeal petition filed by the appellant stands dismissed as it is found having no merits and is accordingly. No order as to costs.
P/056/2016 - Swami Chaithanya Njana Thapaswi Thiruvananthapuram

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The service connection with consumer No. 11454, LT VI B tariff is effected in favour of Swami Chaithanya Njana Thapaswi, Secretary, Santhigiri Ayurveda Sidha Vaidyasala, Uzhavoor under Electrical Section, Marangattupilly. The connected load of the premises is 19920 Watts. On 25-02-2016, the APTS team inspected the premises and detected that the billing of this service connection is under LT VI B instead of LT VI F. The inspection team prepared a site mahazar after recording the above irregularity. Based on the above finding, provisional assessment was issued for an amount of Rs. 80,297.00 for a period from 05-06-2013 to 03-02-2016. Thereafter on 25-02-2016 the tariff was re-fixed as LT VI D. Aggrieved against this the appellant approached with a petition before CGRF (South), Kottarakkara. The petition was disposed of by the CGRF vide order in OP No. 66/2016 dated 30-07-2016 with a direction to the respondent to change the tariff from LT VI F to the tariff under charitable activity when the appellant produces the certificate under Section 80 G from the Income Tax Department. Not satisfied with the above order, the appellant has filed this appeal petition before this Authority. Duly considering the facts and circumstances of the case and as per the provisions of the tariff order dated 14-08-2014 issued by the Commission, the appellant is eligible for LT VI A tariff and hence the respondent is hereby directed to revise the tariff of the appellant to LT VI A. The short assessment bill issued for Rs. 80,297.00 is hereby quashed. Order of CGRF in OP No. 66/2016 dated 30-07-2016 is set aside. No order as to costs. ‘’
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