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Orders Files: 1297
Orders of Kerala Electricity Ombudsman  in pdf format
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P/054/2016 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 29711 and is under the jurisdiction of Electrical Section, Pathanapuram. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 04-03-2016 directed the appellant to remit an amount of Rs. 57,558.00 towards the short assessment for the period from 11/2011 to 02/2012. An objection against the demand was filed before the Assistant Engineer and the same was rejected without quoting any valid reason or regulations. So the appellant had approached the Hon’ble CGRF (SR) by filing a petition in OP No. 78/2016. The Forum disposed of the petition by ordering to quash the bill and directed to issue the revised bill for two billing cycles. The respondent issued revised bill for Rs. 28,153.00 dated 12-08-2016. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above findings the revised short assessment issued to the appellant for Rs. 28,153.00 is quashed. The order of CGRF in OP No. 78/2016 dated 08th August 2016 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/048/2016 Sri. Jojo Joseph, Thalayolaparambu.

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The appellant, Sri Jojo Joseph, is an industrial consumer under Electrical Section, Peruva was billed under LT IV tariff. The service connection availed is for LPG bottling plant but there was no categorization of LPG bottling plants in the tariff order prevailing at that time. The tariff order issued in 12/2012 clearly categorizes LPG bottling plants are under LT VII A Tariff. But by mistake the tariff of the appellant was not changed to LT VII A commercial and accordingly the appellant has paid the bills during the period under dispute till 1/2016 under LT IV tariff. While being so, the mistake was traced out during the inspection conducted by the APTS unit, Kottayam and the tariff was re-categorized to LT VII A with effect from 1/2016. Later, the respondent issued a short assessment bill for Rs. 5,53,349.00 for a period of 24 months on 22-01-2016 as per Regulation 134 (1) and Regulation 152 of the Kerala Electricity Supply Code 2014. The appellant disputed the short assessment bill before the CGRF, Kottarakkara. But the Forum disposed of the petition vide OP No. 37/2016 with the following observation. “The bill issued to the petitioner for Rs. 5,53,349.00 is upheld and the respondent is directed to allow the petitioner to pay the amount by 10 interest free installments, if he desires.” Being aggrieved by this order of Forum dated 10-06-2016, the appellant has filed the Appeal Petition before this Authority. So, in view of the above findings, I hold that the appeal is not maintainable and hence dismissed. However, no interest or surcharge need be levied on the appellant during the appeal pending period before the CGRF and this Authority. The appellant may be allowed suitable installments if he desires so as per Regulation 135 of the Supply Code, 2014. The order of CGRF in OP No. 37/2016 dated 10-06-2016 is upheld. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/046/2016 Sri. Roy Mathew, Peermade, Idukki.

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The appellant, Sri Roy Mathew, has an LT IV (A) 3 phase industrial connection with consumer No.17081 under Electrical Section, Peermade with a connected load of 125 kW. The appellant is under ToD billing system from 10/2013 onwards with a contract demand of 104 kVA. On 10-09-2015, the APTS, Ernakulam Unit inspected the appellant’s premises and found that the maximum demand is continuously exceeding 100 kVA from 03/2015. Hence it was directed to issue notice to the appellant and to charge deemed HT tariff. Accordingly the appellant was issued with regular bill for an amount of Rs. 1,47,874.00 towards the monthly bill for 12/2015 under deemed HT tariff since the contract demand of the appellant has exceeded 100 kVA. Aggrieved against the bill and change of tariff from LT to deemed HT, the appellant filed a petition before the CGRF, Ernakulam vide Petition No. 134/2015-16. The Forum vide order dated 06-06-2016, has found that the bill issued in deemed HT from 12/2015 for an amount of Rs. 1,47,874.00 is in order. Against the decision of CGRF, the appellant has submitted this appeal petition before this Authority. In view of the above findings the appeal is disposed of directing the respondent to issue bills under deemed HT category with effect from 03/2015 onwards. The order of CGRF-CR/Comp.134/2015-16 dated 06-06-2016 is upheld. No order as to costs.
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