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Category: Orders
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Orders of Kerala Electricity Ombudsman  in pdf format
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P/082/2019 Sri. Pradeepan M.P., Kozhikode

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The Appellant is running an ice factory under the name and style of M/s Sincere Ice Factory bearing consumer No.5754 under LT-IV A Tariff with a connected load of 37614 watts and contract demand of 38 kVA under Electrical Section, Eranhikkal. The registered owner of the connection is Sri. M.P. Chandran. On 01-09-2018, while taking the reading, it was noticed that voltage in one phase was not getting recorded in the meter. Consequently, the premises of the consumer was inspected on 24-09-2018 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Kozhikode unit. A site mahazar was prepared by the Sub Engineer Sri. Illiyas of Electrical Section, Eranhikkal. An irregularity of metering was detected as the B phase voltage connection to the energy meter was rusted and as a result the same got disconnected at the taping point and due to this reason B phase voltage was missing at the terminal of the energy meter. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Eranhikkal, issued short assessment bill by directing the appellant to pay Rs 4,41,504/-. Aggrieved by the short assessment bill, the appellant filed petition before CGRF, Kozhikode requesting to quash the bill. The Consumer Grievance Redressal Forum disposed the OP No.116/2018-19 filed by the appellant and ordered on 11-02-2019 that the short assessment is limited to one year and the appellant is allowed to remit the amount assessed in 20 instalments. Still aggrieved by the said order, the appellant has filed the Appeal Petition before this Authority. The appeal was dismissed as it lacks merits and the respondent was directed to correct an error in the calculation statement regarding the consumption during the normal period from 01-07-2018 to 01-08-2018 and to revise the bill accordingly, vide order No. P/24/2019 dated 24-05-2019. The appellant then filed WP (C) 15474/2019 before the Hon’ble High Court challenging the orders rendered by the Ombudsman. The Hon’ble High Court, in its judgment dated 03-07-2019, set aside the orders dated 24-05-2019, not because the Honourable Court found it to be conclusively in error, but so as to facilitate a fresh consideration based on the observations and remanded the matter to this Authority for disposal of the case after affording fresh opportunity of personal hearing to the parties concerned. The Assistant Executive Engineer, Electrical Sub Division, West Hill forwarded a copy of the judgment to this Authority and the same received on 29-10-2019. As per Regulation 134(1) Kerala Electricity Supply Code 2014, if the licensee establishes either by review or otherwise, that it has undercharged the consumer, the licensee may recover the amount so undercharged from the consumer by issuing a bill and in such cases at least thirty days shall be given to the consumer for making payment of the bill. As directed by the Hon. High Court of Kerala, the subject case is re-examined and found that no revision in the order in Appeal Petition No. P/024/2019 is required considering the facts analysed as above. But the respondent is directed to issue a revised bill correcting the error in the calculation statement and the respondent shall give a copy of the calculation statement and downloaded data to the appellant within 15 days of receipt of this order.
P/086/2019 Sri. T.R. David, Thiruvananthapuram

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The appellant is provided with electrical connection bearing consumer No. 11415131016291 in the name of Sri. T.R. David, under Electrical Section, Beach, Thiruvananthapuram in domestic (1A) tariff. On 11-!2-20i5 the single-phase service connection was converted to three phase. The appellant was issued a short assessment bill amounting to Rs.11,556/- based on the average consumption after the replacement of the faulty energy meter. Since the appellant had not remitted the regular current charge bills, the connection was disconnected by the KSEBL. Aggrieved by this, the appellant filed a writ petition before the Hon’ble High Court of Kerala and as per direction of the Court, the service connection was resumed. The request of the appellant before the CGRF, Kottarakkara is that to cancel the short assessment bill for Rs. 11,556/- and to reimburse the amount of Rs. 25000/- he had expended towards the fees and charges of legal service or adjust the same in his future electricity bills. The Forum disposed of the petition vide order no. 69/2019 dated 24-09-2019 with the decision 1. Short assessment bill for Rs.11,556/- is quashed, stating that, this bill is unsustainable, since, the disputed meter was not tested to prove that, the meter was sluggish or faulty during the period 10/2010 to 08/2011. 2. The petitioner is liable to pay the regular electricity bills issued to him by the respondent. Still not satisfied with the decision of the Forum, the appellant has filed the Appeal petition before this Authority on 13-11-2019. From the analysis done above and the conclusions arrived at, the appellant’s plea to reimburse the amount expended as legal service charges is rejected and this Authority uphold the decision taken by the CGRF, Kottarakkara in OP No.69/2019 dated 24-09-2019. The appeal is found devoid of any merits and hence dismissed. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/088/2019 Sri. T.S. Ashish, Thiruvananthapuram

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The appellant is running a footwear shop by name, “Steps” in KSRTC shopping complex at Kizhakkekotta, Thiruvananthapuram with Consumer No. 11739 of Fort Electrical Section and the registered consumer is Managing Director, KSRTC. The KSEBL disconnected the supply on 03-07-2019 following non-remittance of the bill for Rs. 131/-. The appellant requests to pay compensation to the loss occurred due to the disconnection of service connection without notice as per clause 139 (1) of the Kerala Electricity Supply Code 2014. The appellant had approached the CGRF (SR) Kottarakkara by filing a petition in OP No. 96/2019 and the Forum in its order dated 28/10/19 rejected the request of compensation and allowed refund of the remitted reconnection fee of Rs.30/- to the appellant. Aggrieved against this, the appellant has submitted this appeal petition before this Authority on 13-11-2019. For the reasons detailed above, the appeal petition filed by the appellant stands dismissed as it is found having no merits. The request for compensation is rejected. The order dated 28-10-2019 in OP No.96/2019 of CGRF, Kottarakkara is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs.
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