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Orders of Kerala Electricity Ombudsman  in pdf format
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P/033/2019 - Sri. Narayanan K., Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The appellant have two electric connections under Electrical Section, Perumanna with consumer numbers 7697 and 7801 under LT VII A tariff having connected loads 15 kW and 20 kW respectively. The appellant was given a short assessment bills amounting to Rs. 2,23,132/- and Rs. 2,94,641/- towards the short assessment of penalization in respect of consumer nos.7801 & 7697 for UAL detected in the premises during the inspection on 30/07/2009 and additional load declared under voluntary discloser scheme respectively including surcharge from 2011 onwards, vide letters dated 23/11/2018 & 12/12/2018. The appellant had filed petition against the above bills before the CGRF Northern Region Kozhikode and the CGRF by its order dated 30/03/2019, partially admitted the petition and decided to quash the short assessment bill in respect of Consumer No. 11673007697 and in the case of consumer no. 1167341007801, the penal bill is found sustainable. The Assistant Engineer Electrical Section Perumanna vide the notice dated 17/04/2019 directed to remit the penal bill amount of Rs. 1,22,353/- in respect of consumer no.7801with a surcharge of Rs.1,82,076/- (total Rs. 3,04,429/-). Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the findings and conclusions arrived at as detailed above, I decide as follows. Instead of filing appeal before the aforesaid statutory authority, the appellant herein approached first the CGRF and thereafter this Authority. Moreover, CGRF / Electricity Ombudsman has no jurisdiction to entertain complaints relating to unauthorized use of electricity as provided under Section 126 of the Electricity Act, 2003 in view of the bar under Sub Clause (vii) (I) of Clause 2 (f) of the Regulations. It is therefore held that the remedy available to the appellant is only an appeal before the Statutory Authority under Section 127 and that this appeal petition is not maintainable. The order of the CGRF is set aside. The appeal petition is rejected as not maintainable. No order as to costs. The appellant is at liberty to prefer appeal before the Appellate Authority within a period of 30 days from the date of receipt of this order under Section 127 of the Electricity Act 2003. No coercive action shall be taken by the respondent against the appellant during the appeal period, based on the pending bills under dispute in this case.
P/036/2019 - Sri. Narayanan K., Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The appellant is a 3 phase LT VI F consumer bearing number 18918 under Electrical Section, Thodupuzha No. II, with a connected load of 22 kW. The appellant is paying the current charges regularly without any dues or delay. As per the observations of the Regional Audit Officer, a short assessment bill amounting to Rs. 2,46,206/- due to meter faulty period from 07/2014 to 06/2016 has been issued to the consumer on 15-09-2018. An objection against the demand was filed before the Assistant Engineer on 25-09-2018. He rejected the petition without quoting any valid reason or regulations and directed the appellant to remit the short assessed amount, vide the letter dated 15-10-2018. Against the short assessment bill, the appellant had approached the CGRF, Ernakulam by filing a petition No. OP No. 74/2018-19. The Forum disposed of the petition by directing the respondent to revise the bill on the basis of the average of three billing cycles after meter replacement as per regulation 125 (2) of Supply Code 2014, vide order dated 30-03-2019. 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. 246206/- issued to the appellant. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the appellant is allowed as ordered and stands disposed of as such. The order of CGRF in OP No. 74/2018-19 dated 30-03-2019 is set aside. No order on costs.
P/037/2019 - Sri. Narayanan K., Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The appellant is a 3 phase LT VI F consumer bearing number 23866 under Electrical Section No.2, Thodupuzha, with a connected load of 16260 watts. A short assessment bill amounting to Rs. 17305/- was issued to the consumer on recording of below normal consumption for the period from 10/2015 to 12/2015. An objection against the demand was filed before the Assistant Engineer on 25-09--2018. He rejected the petition without quoting any valid reason or regulations and directed the appellant to remit the short assessed amount vide letter dated 15-10-2018. Against the short assessment bill, the appellant had approached the CGRF, Ernakulam by filing a petition No. OP No. 72/2018-19 dated 30-03-2019. The Forum disposed of the petition by quashing the short assessment bill for Rs. 17305/- . The CGRF has not issued an order regarding the refund of the excess amount collected during the faulty meter period. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the conclusions arrived at as detailed above, I decide to uphold the decision of CGRF in OP No. 72/2018-19 dated 30-03-2019, in quashing the short assessment bill amounting to Rs. 17305/- issued to the appellant. The average consumption for 2534 units taken for billing from 01/2016 to 11/2016 is a bogus figure (not an average figure) and which could not be explained by the respondent. The disputed period 10/2015, 11/2015 and 12/2015 is not taken for calculating the average consumption from 01/2016 to 11/2016 and it is decided to take the average consumption from 07/2015, 08/2015 and 09/2015 (2383 units) for calculating average consumption and the respondent is directed to revise the bills for the consumption period of 01/2016 to 11/2016 as stated above. The excess amount collected shall be refunded by adjusting it in consumer’s future bills. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the appellant is allowed as ordered and stands disposed of as such. No order on costs.
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