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Orders of Kerala Electricity Ombudsman  in pdf format
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P/062/2016 Sri. Mujeeb Rahman Thiruvananthapuram.

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This appeal petition has been filed by Sri. Mujeeb Rahman, Thaufeena Mazil, Nemom, against the order dated 09-08-2016 in OP No. 68/2016 passed by the CGRF, Kottarakkara, in the matter of changing of ownership of the service connection having No. 17365, under Electrical Section, Vizhinjam. The gist of the petition is that the appellant’s father Sri. Abdul Rasheed was the registered owner of service connection with consumer no. 17365 provided to building No VP VIII in Thiruvananthapuram Corporation. It is alleged that one Sri. A. Siddique, Parayamvilakam Veedu, Vizhinjam has changed the ownership of the above service connection to his name by producing fake documents before the respondent. Though the appellant had approached the officers of the licensee, against the change of ownership of the service connection, the same was rejected by the respondent. The appellant then filed a petition before the CGRF, Kottarakkara and the same was dismissed the petition due to lack of maintainability. Aggrieved against this, the appellant has filed this appeal before this Authority. In view of the above findings, it can be concluded that present case is only a part of a larger dispute of occupancy/ownership of the said property and building, which is long pending between the appellant and others, which can be decided only through a Civil Court’s ruling. So this Authority didn’t find any reason to intervene in the matter at this stage. The order of CGRF in OP No. 88/2016 dated 09-08-2016 is upheld. No order as to costs.
P/059/2016 Sri. Arun R Chandran, Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the above service connection is 7669 and is under the jurisdiction of Electrical Section, Mulamkunnathukavu. At the time of availing service connection by the Cellular Mobile Towers who failed to produce required clearances, was given temporarily under LT III tariff. Challenging the applicability of LT III tariff, most of the Cellular Mobile Tower operators filed Writ Petitions before the Hon’ble High Court. In the meantime, the Hon’ble Kerala State Electricity Regulatory Commission in an order dated 07-01-2010 in TP No. 67/2009 has decided the tariff applicable to Cellular Mobile Towers shall be under LT VII A, even if the connections to the premises were effected on temporary basis due to lack of required clearances. The licensee implemented the orders of Commission and directed to revise the bills issued to Cellular Towers under LT III tariff to LT VII A tariff with effect from 07-01-2010. But the Hon’ble High Court of Kerala in W.P. (C) No. 34101/2010, directed KSEB Limited to make revision of tariff to the Mobile Towers with effect from 24-10-2002 onwards. The appellant was given a short assessment bill amounting to Rs. 7,35,706.00 dated 08-01-2010 towards the difference in LT III and LT VII A tariff for the period from 06/2005 to 7/2009. Against the short assessment bill the appellant approached the Honourable High Court of Kerala and filed a Writ Petition No. 5229 of 2010. The Honourable High Court of Kerala vide its Judgment dated 20-05-2015 directed the appellant to submit detailed objection to the invoices impugned and such objection if filed within one month shall be dealt within 2 months thereafter. Accordingly the Assistant Engineer revised the short assessment bill to Rs. 2,25,668.00 by applying LT III Tariff up to 01-12-2007. Aggrieved by order of the Assistant Engineer the appellant had filed a petition before the Honourable CGRF, Central Region, Ernakulam which was dismissed stating that, since the case is considered by the Honourable High Court, the Forum has no jurisdiction over the issue. Aggrieved against this decision, the appellant has submitted this appeal petition before this Authority. In view of the above findings, the respondent is hereby directed to fix the tariff of the appellant under LT VII A with effect from 24-10-2002 onwards or the actual date on which the service connection effected to the appellant after 24-10-2002 as ordered by the Board dated 28-04-14 and 16-04-2016 and as per the common award passed by the Lok Adalath. Having concluded and decided as above, it is ordered accordingly. The appeal petition No. P/059/2016, filed by the appellant is disposed of as above. The order of CGRF-CR/Comp/30/2016-17/232 dated 17-08-2016 is set aside. No order as to costs.
P/053/2016 Smt. Vijayalekshmi Amma, Thiruvananthapuram.

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The appellant Smt. Vijayalekshmi Amma is a consumer with consumer No. 10430, under Electrical Section, Parassala. A service wire was drawn by crossing the appellant’s property for giving service connection to her neighbour, Smt. Visalakshi Amma for conducting a flour mill with consumer No. 1128. It is alleged that the service wire was drawn years back without any consent of the appellant. As the appellant wants to do some adjoining construction in the existing building, this service wire becomes a hindrance. So the appellant made a request to shift the service wire through which an overhead line drawn for giving domestic connection to Smt. Visalakshi Amma. The grievance of the appellant is against the inaction on the part of respondent for not shifting the weather proof 3 phase service wire passing through her property. Further, the Assistant Engineer, Parassala demanded an amount of Rs. 16,369.00 from the appellant for carrying out the shifting work. But the appellant raised objection against the demand. According to the appellant the expenses for shifting the service wire shall be borne by the consumer who availed the service connection with consumer No. 1128. So the appellant filed a petition before the CGRF, Kottarakkara, which was disposed of vide order in OP No. 1604/ 2015 dated 21-12-2015, directing the appellant to remit the labour charges for shifting the service wire. Not satisfied with the order of the Forum, the appellant approached this Authority with this appeal. In view of the above discussions, the respondent is directed to prepare a fresh estimate for labour charges for the shifting through the originally proposed route within 2 weeks from the date of receipt of this order and to complete the work without any further delay from the date on which the appellant remits the amount as per revised estimate. It is clarified that the respondent should not insist for further consent from the property owner for the conversion of the line. The order of CGRF in OP No 1604/ 2015 dated 21-12-2015 is upheld. No order as to costs.
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