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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/104/2019 - Sri. Cheriyan Kurian, Alappuzha

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The appellant is the Managing Director of HIC ABF Special Foods(P) Ltd., a private limited company and a High-Tension Consumer of Electricity (tariff HT I (A) Industrial) with consumer no. 1355150003426 - 6/4244 under Electrical Section, Aroor with registered contract demand of 700 kVA. An inspection was conducted by Assistant Executive Engineer (Meter), TMR Division, Pallom, Kottayam on 24.03.2018 of the HT metering equipment of the appellant when it was noticed that ToD meter not working satisfactorily and declared faulty. The Deputy Chief Engineer, Electrical Circle, Alappuzha has directed the appellant to change the meter. The respondent has imposed penalty as 50% extra over the prevailing rate applicable both demand and energy for two months during which the appellant failed to replace the faulty metering component, and one month thereafter. The appellant has challenged the bill and filed an appeal before Consumer Grievance Redressal Forum, Ernakulam as O.P. No. 25/2019-20. The CGRF, Ernakulam, dismissed the petition vide order dated 13-11-2019. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Authority on 23-12-2019. From the conclusions arrived at as detailed above, I decide to quash the penal assessment of 50% extra imposed for Rs. 22,05,768/- issued to the appellant. The penalty is limited for one month 1amounting to Rs. 11,02,884/- and which was remitted by the appellant. Having concluded and decided as above it is ordered accordingly. The order of CGRF in OP No. 25/2019-20 is set aside. No order on costs.
P/003/2020 - Fr. Jijo Jacob, Ernakulam

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The appellant is a consumer under Electrical Section, Valayanchirangara bearing consumer number 12939 under LT VI D tariff with a connected load of 9460 watts. The APTS had conducted an inspection in the premises of the appellant on 24-07-2019 and detected that the tariff assigned to the consumer is wrong and the tariff of the appellant reassigned to LT VI B from 08/2017. Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 1,25,448/- was served on 26-07-2019 towards the undercharged amount due to wrong fixation of tariff for the period 8/17 to 6/19. 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. 65/2019-20 dated 31-12-2019 by dismissing the petition and allowed instalment facility. Against the above order, on 20-01-2020, the appellant has filed this appeal petition before this Authority with a request to quash the short assessment bill and retain the tariff assigned before the inspection. Considering the above facts and legal provisions pertaining to the issue, the assessment bill under LT VI B category to the appellant for Rs.125448/- is quashed. Old age homes which charged the inmates for boarding and lodging was not categorized prior to 8-7-2019 in the tariff orders issued. The respondent shall take the matter with proper authorities for fixing appropriate tariff for the period in question i.e. 8/17 to 6/2019 and issue additional bill, if any, required. So, the appeal petition stands allowed as it is found having merits. The order of CGRF in No. 65/2019-20 dated 31-12-2019 is set aside. No order as to costs.
P/002/2020 - Sri. C. Yohannan, Pathanamthitta

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The appellant is a consumer of Electrical Section, Ezhamkulam having consumer no 1488 and a connected load of 89544 watts under LT 1VA tariff with a contract demand of 99.0 kVA. The electric supply had been given to the consumer as a three phases supply. On 15-03-2019, the Anti Power Theft Squad, Thiruvalla unit of KSEBL along with the officials of the Electrical Section Ezhamkulam had conducted an inspection at the premises of the appellant. During the inspection it was detected that the voltage connection and current CT connections of each phases are not connected properly in the meter causing wrong phase association. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Ezhamkulam issued a provisional short assessment bill. Then the appellant had challenged before the CGRF, the demand notice dated 22-6-2019 issued by the respondent to pay an amount of Rs. 6,27,688/- as short assessment charges for the period from 04/2017 to 03/2019. The Forum disposed of the petition vide order No. OP 101/2019 dated 03-12-2019 by ordering that the short assessment bill issued is legal and sustainable. Aggrieved against this, the appellant has submitted this appeal petition before this Authority on 06-01-2020. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 6,27,688/- issued to the appellant. The respondent is directed to revise the bill by taking 50% of the recorded consumption for 2 years from 3/2017 to 2/2019 as stated above within a period of 15 days. The demand charge in excess over 75 kVA shall not be billed or realised. 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, Kottarakkara in Petition No. OP/101/2019 dated 03-12-2019 is set aside. No order on costs.

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