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Category: Orders
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Orders Files: 1280
Orders of Kerala Electricity Ombudsman  in pdf format
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P/133/2015 - M/s Aaron International, Palakkad

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The appellant in this petition had applied for power allocation of 270 kVA to start a new industry in Industrial Development Area at Parakkulam, Palakkad for manufacturing Copper Cathode and Zinc Sulphate and the same was sanctioned by the Deputy Chief Engineer, Electrical Circle, Shornur on 05-11-2007. The appellant remitted Rs. 60,000.00 as security deposit on 04-11-2007, for getting the power allocation. As per the request of appellant the power allocation was extended for six months from 05-05-2008. On 5th of August 2008, the appellant remitted an amount of Rs. 87,079.00 towards the OYEC charges. It is alleged that the works on the part of the respondent were said to be completed on 18-12-2008 itself. But the appellant submitted a letter to the respondent informing the completion of the work and requested to provide power supply only on 04-06-2014. Hence the respondent demanded unconnected minimum charges (UCM) amounting to Rs. 2,73,735.00 for the period from 4/2009 to 10/2009. When the appellant was ready with their installations to avail power, the respondent intimated that their industry is a power intensive unit and hence power supply could be given through a dedicated feeder as per the new Supply Code. Being aggrieved by the demand, the appellant approached the CGRF, Kozhikode by filing petition on 09-12-2014 with request to reclassify their unit as non power intensive. The CGRF had taken the following decision on this. “The respondents are directed to collect UCM charges from 4/2009 to 6/2014 without surcharge, according to the tariff prevailed during the day and thereafter effect service connection to the petitioner.” Aggrieved against the decision, the appellant has submitted this appeal petition with a plea to set aside the direction to the respondent to collect unconnected minimum charges from the appellant. In the meanwhile the appellant had approached the Hon’ble High Court of Kerala by filing WP(C) No. 2933/2015 seeking a prayer for expeditious disposal of petition already filed before this Authority. The Hon’ble Court disposed the above OP with a direction to dispose the petition within a period of one month from the date of receipt of copy of judgment after hearing the petitioner. It is decided to quash the demand for Rs. 2,73,735.00 issued to the appellant. The appellant is directed to approach the respondent with fresh application and respondent shall take action on that without any delay. Appeal is allowed and related order of CGRF in OP No. CGRF-CR/Comp/87/2014-15 dated 19-05-2015 is set aside.
P/128/2015 - Smt. Naisy. S., Kottayam

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Appellant is running a paying guest home with consumer No.370 under Electrical Section, Kottayam East, under LT VI B tariff with a registered load of 1000 watts. The premises of the appellant was inspected by the Assistant Engineer of the concerned section on 29-12-2008 and found that a ladies hostel was functioning there in the name and style “Garden City“ and also found that the appellant was unauthorisedly using 3786 watts. Accordingly, a penal bill amounting to Rs. 29,434.00 was issued under LT VI B tariff which was remitted by the appellant. The subsequent bills are to be issued at penal rate till the regularisation of UAL. But, no penalisation was continued in the bimonthly bills from 12/2008 to 03/2010. During 5/2010, the mistake was noticed and a short assessment bill for Rs. 51,000.00 was issued for the above period and that amount was also remitted. It is alleged that the actual tariff applicable to ladies hostel is LT VII A but the bills were issued under LT VI B tariff. The appellant has neither regularised the additional load nor produced any certificate from concerned authorities to avail of concessional tariff of LT VI B. On 09-09-2013, the premises of the appellant was again inspected by APTS and detected misuse of tariff and a connected load of 3365 watts against the sanctioned load of 1000 watts. Accordingly, penal bill for Rs. 26,848/- was issued towards the tariff misuse under Section 126 of the Electricity Act. Later the amount was revised due to arithmetical error and the revised bill was issued for Rs. 65,523.00. Again calculation error was found and final amount for Rs. 64,163.00 was issued to the appellant. A complaint was filed before CGRF which was dismissed for want of jurisdiction. Aggrieved against the order of CGRF an appeal petition No. P/029/2014 was filed before this Authority. Accordingly this Authority in its order dated 31-10-2014 set aside the order of CGRF and the penal bill for Rs. 64,163.00 was quashed. Also directed the appellant to fix the tariff after conducting proper inspection and ascertaining the activities carried out in the premises. The respondent conducted an inspection in the premises of appellant on 27-11-2014 and issued proceedings dated 15-12-2014 directing the appellant to remit Rs. 64,163.00 towards the short collection. It is alleged that the respondent did not comply the above order of Ombudsman, but upheld the short assessment bill with arbitrary assumptions and issued further bills under LT VII A tariff. Against this the appellant again approached CGRF (South), Kottarakkara to direct the respondent to comply the order of Ombudsman. But the Forum dismissed the petition due to lack of jurisdiction. Not satisfied with the above order, the appellant again approached this Authority with this petition. The impugned bill issued for Rs. 64,163.00 is hereby quashed and set aside. Respondent is directed to revise the tariff under LT VII A with effect from 09-09-2013. Excess amount remitted shall be adjusted or refunded. CGRF order in OP No.1392/2015 dated 27-05-2015 is set aside. Appeal is hereby allowed as indicated above.
P/126/2015 - Sri. Varkey Chacko, Muvattupuzha

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The appellant is an agricultural consumer (LT V) with consumer No. 1574 under Electrical Section No. 2, Muvattupuzha. On 03-02-2015, the APTS team of KSEB conducted an inspection in the premises of the appellant and it was found some irregularities in the classification of tariff. On 11-02-2015, the appellant was issued with a short assessment bill amounting to Rs. 7,804.00 under LT IV A tariff for the period from 5/2013 to 1/2015. The appellant has filed an appeal before the Assistant Engineer, Electrical Section No.2. After conducting a hearing, the Assistant Engineer confirmed the bill amount and disposed the petition. Aggrieved by this, the appellant approached the CGRF, Ernakulam by filing a Complaint No. 20/2015-16. The CGRF dismissed the petition vide order dated 03-06-2015 by holding that the short assessment bill is in order. Still aggrieved with the above decisions of CGRF, the appellant has approached this Authority with this appeal petition on 24-06-2015. Short assessment bill issued for Rs. 7,804.00 is quashed. Appeal is admitted to the extent as ordered. Order of CGRF in OP No. 20/2015-16 is set aside.
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