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Orders of Kerala Electricity Ombudsman  in pdf format
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P/074/2019 - Sri. Narayanan K., Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The appellant is a 3 phase LT VI F consumer bearing number 34136 under Electrical Section, Edakkara, with a connected load of 26340 watts. The premises of the appellant was inspected on 11-02--2019 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Malappuram unit. An irregularity of metering was detected as the missing of R phase current and resulted in inaccurate metering. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Edakkara, issued short assessment bill by directing the appellant to pay Rs 2,17,998/-. Against the short assessment bill, the appellant had approached the CGRF, Kozhikode by filing a petition No. OP No. 179/2018-19. The Forum disposed of the petition by quashing the bill for Rs. 217998/- and by directing the respondent to revise the bill by limiting the period of assessment to 24 months vide order dated 21-06-2019. Accordingly, the respondent has revised the bill to Rs.165885/-. Aggrieved against this, the appellant has submitted this appeal petition before this Authority 0n 01-10-2019. From the findings and conclusions arrived at as detailed above, I decide as follows: The short assessment bill for Rs. 217998/- for 926 days and revised bill for Rs.1,65,885/- for 24 months issued to the appellant are quashed. The respondent shall issue revised bill for a period of 24 months based on previous three months average consumption for 05/16,06/16 and 07/16. No interest is payable by the appellant till the due date of the revised bill and the respondent shall issue the revised bill within 15 days from the date of this order. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant stands allowed to the extent ordered. The order of CGRF, Northern Region, Kozhikode in 179/2018-19 dated 21-06-2019 is modified to this extent. No order on costs.
P/077/2019 Sri. Narayanan K., Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The appellant is a 3 phase LT VI F consumer bearing number 12208 under Electrical Section, Marutha Road, with a connected load of 46880 watts and later enhanced to 90 kW from 01-04-2019. The premises of the appellant was inspected on 13-05-2019 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Palakkad unit. An irregularity of metering was detected as the missing of B phase current in the CT secondary and resulted in inaccurate metering. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Marutha Road, issued short assessment bill by directing the appellant to pay Rs 81566/-. Against the short assessment bill, the appellant had approached the CGRF, Kozhikode by filing a petition No. OP No. 031/2019-20. The Forum dismissed the petition vide order dated 05-09-2019. Aggrieved against this, the appellant has submitted this appeal petition before this Authority 0n 10-10-2019. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 81,566/- issued to the appellant. The respondent is directed to revise the bill for 7061 units towards the unrecorded portion of energy consumption for 41 days from 03-04-2019 to 13-05-2019 as stated above within a period of 15 days. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having some merits and is allowed to the extent ordered. The order of CGRF, Northern Region, Kozhikode in Petition No. OP/031/2019-20 dated 05-09-2019 is set aside. No order on costs.
P/078/2019 Sri Sanjith Sleeba Ernakulam

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Consumer No. 1155578050664 is registered at Electrical Section Thrikkakara in the name of M/s Olive Builders and Developers P Ltd., Olive Kalista, Aleta-3C, Edachira with a connected load 6929 Watts in LT 1-A tariff from 19-12-2016. The appellant is the owner and occupier of the apartment having the said consumer number. A bi-monthly bill for Rs. 90,360/- was received by the appellant even though the flat was vacant as the appellant and family out of station during the period from 25th August, 2018 to 27th November 2018. The reading on 5th December 2018 for a period of 2 months showed consumption of 10738 units. The appellant has submitted a complaint to Assistant Engineer and a parallel meter installed which confirmed that the existing meter was not faulty. Later on testing the meter at Meter Testing Laboratory at Angamaly on the request of the appellant, a magnetic tampering on energy meter was proved indubitably and the Assistant Engineer, Thrikkakara issued a notice in this regard to the appellant to remit the bill amount or to inform their objections if any. Aggrieved by this, the appellant approached CGRF (Central Region) who dismissed the petition of the appellant vide Order in OP No:132/2018-19 dated 16-10-2019, due to lack of jurisdiction. Aggrieved by the decision of CGRF, the appellant has submitted this Appeal petition before this Authority on 17-10-2019. From the findings and conclusions arrived at as detailed above, it is therefore held that the remedy available to the appellant is only an appeal before the Statutory Authority under Section 127 as ordered by the CGRF. The order of the CGRF is upheld. The appeal petition is rejected as not maintainable. The respondent is directed not to disconnect the connection till receipt of an order from the Kerala State Electricity Appellate Authority Vyttila, Kochi 19. No order as to costs.

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