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Category: Orders
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Order by: Default | Name | Date | Hits | [Ascending]
Orders Files: 1280
Orders of Kerala Electricity Ombudsman  in pdf format
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P/087/2019 Sr. Teris S.D . Angamaly

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The appellant is a consumer under Electrical Section, Karukutty bearing consumer number 331 under LT VI G tariff with a connected load of 73 kW. The Section officials had conducted an inspection in the premises of the appellant and detected that the tariff assigned to the consumer is wrong and the tariff of the appellant reassigned to LT VI A from 01-07-2014. Again, the tariff assigned for this appellant was changed to LT VI D, which is the tariff assigned for old age homes run by charitable institutions or social organizations or non-governmental organizations as per tariff order published in Extra Ordinary Gazette No.782 dated 21-4-2017. The tariff LT VI D was effected on 01-06-2017 by the respondent based on the registration under Cultural, Scientific and Charitable Act 1955 and 12 A A registration for Income tax exemption. As per the respondent the correct tariff to be assigned to the appellant is LT VIG and accordingly the tariff was changed to VI G w.e.f. 01-3-2019. Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 443706/- was served on 30-04--2019 towards the undercharged amount due to wrong fixation of tariff for the period 7/17 to 3/19. Aggrieved against this, the appellant approached with a petition before CGRF (Central), Ernakulam, which was disposed of by the Forum vide order in OP No. 14/2019-20 dated 03-09-2019 by dismissing the petition and allowed instalment facility. Against the above order, the appellant has filed this appeal petition before this Authority with a request to quash the short assessment bill, on 18-11-2019. Considering the above facts and legal provisions pertaining to the issue, the short assessment bill for Rs. 4,43,706/- is quashed. The respondent shall revise the short assessment bill for the energy charge and limiting the fixed charge by taking 25% of the total connected load of 73 kW for the disputed period. So, the appeal petition stands allowed to this extent as it is found having merits. The order of CGRF in No. 14/2019-20 dated 03-09-2019 is set aside. No order as to costs.
P/089/2019 Sri. Raveendran Pathanamthitta

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The appellant is an agricultural consumer having a connected load of 840 Watts, with consumer No. 7754 under Electrical Section, Enath, who is aggrieved by the exorbitant electricity bill issued to him on 27-08-2019 for an amount of Rs. 17840.00. The date of connection of the electric connection is 27.12.2004 and the single phase electric connection is availed for agriculture pumping. Aggrieved by this, the appellant filed a petition before the CGRF, Kottarakkara. Later the respondent revised the bill to Rs.10762/- . The CGRF disposed of the petition vide order OP No. 95/2019 dated 23-10-2019 that the disputed amount is liable to be remitted by the appellant and also directed the respondent to allow 12 equal monthly instalments without interest to the appellant for remitting the bill amount. Against the decision of the Forum, the appellant has filed the Appeal petition before this Authority on 20-11-2019. The respondent and the appellant are equally responsible for the energy loss in the premises and hence both shall bear the loss. From the findings and conclusions arrived at as detailed above, I decide to set aside the disputed bill amounting to Rs. 10,762/- issued to the appellant. The appellant shall remit 50% of the disputed amount of Rs. 10,762/-. 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. The respondent shall provide instalments if the appellant desires so. 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 this extent. The order of CGRF, Kottarakkara in Petition No. OP/95/2019 dated 23-10-2019 is set aside. No order on costs.
P/096/2019 Sri. Mohan Rajan Kottayam

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Sri Mohan Rajan, the appellant in Appeal Petition No. P/075/2018, had obtained a 3 phase Electric connection with consumer No. 14332 in Electrical Section, Gandhi Nagar under MG (Minimum Guarantee) scheme on 10-03-2008 with a connected load of 38 kW, for running a pipe manufacturing unit under LT-IV industrial tariff. The MG period for which the consumer is bound to pay the minimum amount as per the Agreement was for seven years from 3/2008. The appellant stopped the unit in 2014. The appellant had remitted MG amount up to 02/2014 only and submitted an application for disconnection of the electric service connection on 03-07-2014 since he faced difficulty to run the factory and finally the service was dismantled on 17-11-2014. In order to realize the arrear amount and the balance MG amount a notice was served to the consumer on 11/09/2014 for Rs. 86,443/-. The consumer challenged the arrear before the Consumers Grievance Redressal Forum (South) by filing OP No. 1275/2014 and the CGRF by its order dated 03/02/2015 directed to reassess the impugned amount subject to the self remuneration condition of the line and transformer. The impugned bill for Rs. 86,443/- was revised to Rs. 26,304/- excluding the MG amount of Rs. 60,139/- which includes demand charges for Rs. 25,830/-, meter rent Rs. 474/- and surcharge Rs. 14,993/-. Against the bill the consumer again approached the CGRF and the Forum quashed the bill issued to the appellant and directed KSEBL to revise the bill excluding surcharge portion. Accordingly after waiving surcharge amount, a revised bill was issued to the appellant on 14/06/2018 for Rs. 26,304/-. Against the bill again the appellant approached the CGRF with a review petition and the same was rejected by the Forum on 4/8/2018. Not satisfied with the decision of the CGRF, the appellant filed appeal petition before this Authority. As directed by the Hon. High Court of Kerala, the subject case is re-examined and after obtaining further basic data used for the preparation of demand charges, the following modifications in the order in Appeal Petition No. P/075/2018 dated 26-11-2018 is ordered considering the facts analysed as above. It is decided to quash the belated surcharge for Rs. 3,793/- and the respondent shall issue a fresh bill for Rs. 22,511/- (Rs. 26,304/- - Rs. 3,793/) within 15 days of receipt of this order. Since the respondent has adjusted the security deposit amount Rs. 17,408/-towards the regular energy charge for 3/2014 and 4/2014 amounting to Rs. 13,615/- and belated surcharge for Rs. 3,793/- from 4/2014 to 12/2014, the refund of security deposit ordered is also set aside. The appellant’s claim for surplus amount remitted under MG scheme for the period from 10-03-2008 to 01-11-2010 is not allowed, as ordered in P/075/2018. The order issued in P/075/2018 dated 26-11-2018 is revised and modified as ordered above to this extent.
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