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Orders of Kerala Electricity Ombudsman  in pdf format
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P/054/2019 Sri. Japamony Thiruvananthapuram

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The appellant is the petitioner in the OP No. 28/2019 filed before Consumer Grievance Redressal Forum (South), Kottarakkara and also a domestic consumer under Electrical Section, Vellarada, Thiruvananthapuram. The grievance of the appellant pertains to the electric line drawn by KSEB between the poles PP/19 and PP/19/1, as a low tension 2 wire line. Moreover the above line was converted to 3 wires in the year 2019, when the appellant was not in his house. The width of the path was widened from 3 feet to 9½ feet, but the above poles in his property were not shifted to the road, thereby the line is passing above the property. The request of the appellant is to shift the line and poles from his property to the road. Since the matter is pending before the Additional District Magistrate, this Authority feels that it is not proper to intervene in the matter at this stage. In this background the respondent is directed to follow up the case and to take necessary steps for a speedy disposal of the case in accordance with the directions obtained from the Additional District Magistrate. Having concluded and decided as above it is ordered accordingly. Order of CGRF in OP No. 28/2019 is upheld. No order as to costs.
P/039/2019 The Administrator, Stella Maris Hospital, Ernakulam

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A service connection with consumer No. 1155818000098 was effected in favour of Sr. Anitha CSN, Administrator of the Stella Maris Hospital, Karukutty under Electrical Section Karukutty under LT VI D tariff with connected load of 74 kW. The Anti Power Theft Squad (APTS) Wing of KSEB Ltd conducted an inspection in the appellant’s premises on 20-12-2018 and detected that the tariff assigned to the appellant was LT VI A tariff from 01-07-2014. As per tariff revision with effect from 18-4-2017, all private hospitals are assigned with the tariff VI G and the hospital was assigned with tariff VI G on 1-6-2017. According to the respondent, the appellant had been enjoying the concessional tariff LT VI D and from 01-07-2014 VI A, which is eligible only to those consumers having registration under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, the donation to which are exempted from income tax. Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 5,72,140/- was served on 21-12-2018 towards the undercharged amount due to wrong fixation of tariff for the period from 07/2017 to12/2018. 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. 96/2018-19 dated 06-05-2019 by dismissing the petition and allowing 12 installments to remit the bill amount. Against the above order, the appellant has filed this appeal petition before this Authority with a request to quash the short assessment bill. Considering the above facts and legal provisions pertaining to the issue, this Authority is of the considered view that the appellant’s premises are not eligible for LT VI A / VI D tariff as per tariff order dated 21-04-2017 issued by the KSERC. So, the appeal petition stands dismissed as it is found having no merits. The appellant is allowed 18 monthly installments for remitting the short assessed amount since the respondent failed to reclassify the tariff category in time. No surcharge shall be collected from the appellant. The order of CGRF in No. 96/2018-19 dated 06-05-2019 is modified to the extent as ordered above. No order as to costs.
P/038/2019 Sri. Sanilkumar T R Thrissur

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The appellant was a LT consumer who was running an industry named Amber Rubber Resource engaged in manufacturing of rubber bush, rubber metal bonded products, oil seals, valve seals and other related rubber products with consumer No. 18851 under Electrical Section, Koratty. The LT electric connection was taken under Minimum Guarantee (MG) basis valid for 7 years with a registered connected load of 7340 Watts with effect from 25-09-2006. While being so, the appellant applied for enhancing the connected load to 36.44 kW and another Minimum Guarantee Agreement executed by the appellant for 7 years which amounts to 89375/- per year and monthly minimum charges of Rs.7448/- up to 12/2014. The electric connection was dismantled on 29-07-2013 after remittance of minimum guarantee amount up to that date due to closure of industry. The Assistant Engineer Electrical Section office, Koratty thereafter issued a notice dated 20-03-2017 demanding amount of Rs. 1,56,158/- as short assessment in minimum guarantee amount and current charge arrears of Rs. 34,648/- aggregating an amount of Rs. 1,90,806/-. Thereafter revenue recovery notices were issued for recovery of Rs. 3,51,083/-. The appellant challenged the demand made by KSEBL and RR proceedings initiated before Hon'ble High Court of Kerala in WP[c) No: 28437/18 which disposed of the case on 26/11/2018 relegating the complaint to Consumer Grievance Redressal Forum for adjudication and decision of the dispute. Accordingly the appellant approached the CGRF and the Forum disposed of the case on 30/03/2019, in OP 92/2018-19, modifying the demand of KSEB for payment of minimum guarantee amount without surcharge. Still not satisfied by the decision of the CGRF, the appellant has submitted the Appeal petition before this Authority. In view of the above facts, it is decided to quash the arrear bill for Rs. 3,51,083/- as revenue recovery issued to the appellant. From the findings and conclusions arrived at as detailed above, I decide as follows. 1. The respondent shall revise the short assessment bill based on the revised MG amount for Rs. 6624/- and Rs. 6126/- for the period from 7/2008 to 8/2013 and 9/2013 to 12/2014 respectively. The respondent shall adjust the overpayments against the pending balance amount of MG payable by the appellant. 2. The respondent shall deduct an amount of Rs. 27520/- as the proportionate MG amount of the transformer from 9/2013 to 12/2014 from the short assessment bill. 3. The cost of the taken back transformer at the depreciated value as per rules, have to be assessed and has to be set against the balance MG amount pending against the consumer. 4. The KSEB shall collect the labour and transportation cost of the work needed for dismantling the Transformer. 5. The appellant need not pay any surcharge for the short assessed amount, till the period of 30 days from the date of this order. The surcharge, if any, will accrue from the due date of the revised bill to be issued based on this order and the actual date of payment. The appellant is required to pay further balance amount, if any, as per the revised bill as ordered above. Once the appellant remits the balance amount, if any, he shall be relieved from the MG liabilities and the Revenue Recovery proceedings. The respondent shall prepare the accounts and settle the claim within 30 days of this order. Having concluded and decided as above, it is ordered accordingly and the Appeal Petition filed by the appellant, stands disposed of to the extent ordered. No order on costs.
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