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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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NO. P/407/2013 - M/s.Zahi Rubbers India Ltd., Aluva

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The appellant is a Company manufacturing “pre-curved tread rubber” for the tyre manufacturing industry. In order to meet the power requirements of the new factory, the appellant had applied for power allocation to the tune of 3500 KVA under EHT tariff. The appellant had also constructed a 110 KV Sub Station for this purpose after meeting its entire cost. In addition to the above, the appellant had to construct a Tap line to the above Sub Station for which he had remitted Rs.9,50,000/- , on work deposit basis. The appellant has also remitted Rs.7,10,000/- as 10% of the security deposit. As the tyre industry faced huge recession and there was no adequate demand for the products, the Appellant take a decision not to go ahead with the new factory and intimated the respondent that the service is no longer required and hence submitted a proposal to take over the 110 KV Sub Station on payment of fair compensation. But no decision was taken by the respondent on the above proposal, even though there had been some preliminary studies in this regard. As the proposal was not materialised, appellant requested to refund the security deposit. It is alleged that, instead of refunding the security deposit, the respondent had made an unsustainable demand on the appellant for Rs.1,93,48,875/- towards the Un Connected Minimum Charges. Aggrieved against this, the appellant approached CGRF Central Region. CGRF had issued order No CGRF-CR/Comp.164/12-13/dated 20.07.2013 partly allowing the claim of the appellant. Still Aggrieved, the appellant filed this petition before this Authority. Demand notice issued for Rs. 1,93,48,875/- towards the UCM charges is quashed. Also directed to refund an amount of Rs. 7,10,000/- towards the security deposit remitted by the appellant. Appeal allowed. Order of CGRF set aside.
NO.P.043/2014 - Shri.Jouhar Ali, Malappuram

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The appellant and his brother Usmankoya have been conducting Kala Furniture and Kala Home appliances as tenants in a building owned by the appellant’s brother Sri.Aboobacker. Consumer numbers 6201 and 3457 relate to Kala Furniture and Kala Home Appliances respectively. At first there were seven connections in the building. But five service connections 3458, 5461, 6285, 6286 and 6287 were dismantled. For regularising the remaining two connections 3457 and 6201 the complainant submitted application on 05.02.2010 and executed two Indemnity Bonds in Form No.5 before the Assistant Engineer, Electrical Section, Kuttippuram after remitting the then existing dues. Thereafter monthly bills were also paid regularly. There were some disputes and litigations between the appellant and the additional respondent before the CDRF, Malappuram and before the Hon’ble High Court of Kerala. As per the orders of the Hon’ble High Court in WP (c) 35132/2010, the respondents were directed to conduct an independent enquiry and to take steps as envisaged by law. The respondents were also directed either to regularise or to disconnect connections 3457 and 6201 as envisaged under law. Finally the KSEBoard Ltd, after conducting an enquiry, passed an order directing to penalize for unauthorised use of electricity and to issue notice for removing unauthorised load connected to 3457 and 6201. It was also directed to regularise the load to these connections and to disconnect the supply to goods lift. Aggrieved by the above order of the KSEBoard Ltd, the appellant approached the CGRF, Kozhikode seeking direction to regularise the supply connection No.3457 and 6201. But the petition was dismissed by the CGRF. Hence, this appeal petition is filed. The demand issued for Rs. 29,700/- and Rs. 59,400/- is quashed. The above amount may be refunded along with interest at any rate before 30 days from the date of receipt of this order. Also directed to reconnect consumer No. 6201. Appeal is allowed. Order of CGRF is modified.
P/057/2014 - Sri Hashmin K.A., Palluruthy

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The appellant is a consumer with consumer No 10622 under Electrical Section, Palluruthy. The service connection was effected under industrial tariff for running ‘Muhas Ice Plant’. On 29-10-2009, the APTS inspected the premises and found that supply was being used entirely for freezing and cold storage activity. The respondent, therefore, changed the tariff of the appellant to LT VII A, (Commercial Category) with effect from 01-12-2007 and issued a short assessment bill for Rs. 10,38,321/-. From the date of inspection (29-10-2009) the appellant was being billed for commercial tariff and the same was being remitted by him without any complaint. The appellant approached the CGRF challenging the short assessment bill amounting to Rs. 10,38,321/- for the preceding period (12/07 to 09/09). The Forum dismissed the petition. Though the appellant appealed against the order before the Ombudsman, the appeal petition was dismissed by the Ombudsman. Thereafter the appellant challenged the orders of CGRF and Electricity Ombudsman by filing writ petition before the Hon’ble High Court. The Hon’ble High Court upheld the change of tariff to LT VII A and at the same time quashed the short assessment bill demanded by the respondent. Against the single bench order of the Hon’ble High Court, the Board filed writ appeal and the Division Bench, in its judgment, directed the appellant to produce materials before the CGRF for proving that sea food processing activity was being carried out for the period from 01-12-2007. Accordingly the appellant approached the CGRF once more. After examining the documents produced by the appellant, the Forum held that the appellant was liable to pay electricity charges under LT VII A from 01-12-2007 onwards and that the short assessment bill for Rs. 10,38,321/- was in order. Aggrieved against the said order, this appeal petition was filed. The respondent is directed to revise the short assessment bill for a period of 12 months. Appeal petition disposed as settled. CGRF order set aside.
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