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Category: Orders
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Orders Files: 1280
Orders of Kerala Electricity Ombudsman  in pdf format
Files:
P/047/2019, P/048/2019 & P/049/2019 1. Smt. Dr.Seebai T, 2. Sri. Thulaseedharan M & 3.. Smt. Leelabai K

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The appellants are the owners of the land in various survey numbers in Mayyanad village under the jurisdiction of Electrical Section, Mayyanad. The grievance of the appellants pertains to the electric line drawn by KSEB through the property of the appellants without their consent. The request of the appellants is to shift the line and poles from their property. The petitions filed by the appellants before the CGRF (South) Kottarakkara, vide OP No. 24/2019,25/2019 and 26/2019 were dismissed due the lack of jurisdiction since the case is pending before the Hon'ble Additional District Magistrate. Still aggrieved by the order of the CGRF, the Appellants have filed the Appeal Petition before this Authority. From the analysis done above and the conclusions arrived at, it is decided to reject the appeal petitions filed by the appellants. The appellants are free to approach the appropriate Forum regarding the right of pathway. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/045/2019 - Sri. A.K. Xaviour, Kottayam

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The appellant is a consumer under the Electrical Section, Aymanam under VI F tariff bearing consumer No. 13859. He has taken a Single phase connection in 2015 at the time of the construction of his house. After the completion of the construction work, the appellant applied for load enhancement under LT 1 A domestic tariff and conversion of service connection to LT three phase, on18-07-2017. In the application, the connected load applied was 51326 Watts, but on inspection it was found that the connected load at the premises as 44 kW (leaving all unconnected equipments and plug points). On 03-01-2018, the Executive Engineer, Electrical Division, Pallom accorded sanction for an estimate amounting to Rs.12.23 lakhs for constructing 950m of 11 kV SC OH line and installing one 100 kVA transformer at the property of the appellant for meeting the appellant’s load requirement and accordingly demand notice was issued to the appellant by the respondent. The appellant was not willing to bear the expenditure required to meet his power requirement stating that the appellant is bound to remit the expenditure only if the power requirement is above one Megawatt. Challenging the demand notice issued, the appellant filed a petition before the CGRF, Southern Region which was disposed vide Order No. OP 20/2019 dated 21-05-2019, ordering that the distribution licensee is empowered to recover the expenditure incurred for providing supply as per Regulation 32 of Kerala Electricity Supply Code 2014 and the Forum dismissed the case. Still aggrieved, the appellant has submitted this appeal petition before this Authority. From the analysis done and the findings and conclusions arrived at, which are detailed above, I take the following decisions. The demand notice for Rs. 12.23 lakhs issued by the respondent is quashed. The respondent is entitled to recover the expenditure from the appellant for the extension of 11 kV line up to the transformer station and for the conversion of the single phase low tension service connection to three phase connection. The respondent shall bear the cost of the transformer for giving the three phase LT supply to the appellant. The respondent shall opt the technically feasible route for drawing the 11 kV LT line using Overhead Conductor/Aerial Bunched Cable. Having decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is disposed of with the said decisions taken and issued. The Order No. OP 20/2019 dated 21-05-2019, of CGRF (South), Kottarakkara, is set aside. No order as to costs.
P/050/2019 - Smt. Viji Jiji Idukki

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The appellant in this appeal petition is a three phase industrial consumer (LT IV A Tariff) of the Kerala State Electricity Board Ltd bearing Consumer No. 35787 under Electrical Section, Kattappana. The connected load of the appellant is 74361 watts and contract demand 83kVA being billed under ToD tariff.The appellant is paying the current charges regularly without any dues or delay. But the respondent as per the invoice dated 14-01-2019 directed the appellant to remit an amount of Rs. 1,59,900/- being the short assessment based on the findings that the meter was faulty for the period from 04/2018 to 12/2018. An objection against the demand was filed before the Assistant Engineer on 17-11-2017. The appellant approached the Hon’ble High Court of Kerala by filing WP (C) 2092/2019 and the Court as per judgment dated 24-01-2019 directed the appellant to approach the CGRF. Against the short assessment bill, the appellant had approached the CGRF (CR) Ernakulam by filing a petition No. 109/2018-19 and the Forum in its order dated 18/5/19 decided that the short assessment bill issued is genuine and legally sustainable. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill amounting to Rs.1,59,900/-issued to the appellant. The respondent is directed to revise the bill by taking the actual consumption for the bill period from 26/03/18 to 06/02/2019 and to issue the revised bill under ToD billing to the appellant within fifteen days. The appellant is allowed 11 instalments without interest, to remit the revised short assessment bill, if he desires so. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant stands disposed of as such. The order of CGRF, Ernakulam in OP No.109/2018-19 dated 18-05-2019 is set aside. No order on costs.

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