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Orders Files: 1280
Orders of Kerala Electricity Ombudsman  in pdf format
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P/013/2019 - Sri. Raju T K., Ernakulam

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The appellant is a consumer under Electrical Section, Palarivattom. There are three connections with Con No 35451, 34167 and 35450 in the premises owned by the appellant for TKR Metro Residency, Devankulangara, Edappally, Kochi 24. The APTS Ernakulam wing inspected the premises of the appellant on 28-05-2018 and detected unauthorized load of 4558 watts connected to consumer number 35451. A site Makassar was prepared and accordingly a provisional bill dated 01/06/2018 for Rs. 62500/- issued under Section 126 of Electricity Act 2003. Considering the objection raised by the appellant, the respondent finalized the penal bill to Rs. 4800/- and the appellant remitted the amount on 08-08-2018. The appellant was received electricity bills for the connections bearing consumer numbers 35451, 35450 and 34167 for the amounts Rs. 258498/-, Rs.39842/- and Rs.16932/- respectively. Against the issuance of the bills the appellant approached the Hon'ble High Court of Kerala by filing W.P. (C) No.19827/2018 which was dismissed directing the petitioner to pursue the complaint before the CGRF by making deposit of 50% of the amount of energy bills. According to the direction by the Hon High Court against W. P. C No 19827/2018, the 50% of the disputed bill of Rs 2,58,498 has been remitted by the consumer on 30th June 2018. The meter provided for Con No 35451 was checked and found that a magnetic tamper was recorded. The appellant filed a petition before the CGRF and the CGRF passed an order dated 31.12.2018 stating that the Forum lacks jurisdiction to entertain the complaint against the proceedings under Section 126 of the Electricity Act 2003 in consumer number 35451. Further the Forum made clear that the petitioner/ appellant would be at liberty to file appeal before the Appellate Authority. Thereafter, appellant preferred appeal before the Appellate Authority U/Sec. 127 of the Electricity Act, 2003 relating to consumer No. 35451 for Rs. 2,58,498/-. Aggrieved against the other bill amounts, the appellant has submitted the appeal petition before this Authority. Considering facts of the case, this Authority decide that the order of the CGRF stands upheld. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is not allowed and stands disposed of as such. No order as to costs.
P/010/2019 Sri. Haridasan Kozhikode

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The appellant is a consumer with consumer number 1167310009185 under Electrical Section, Thunery having LT I tariff. He is aggrieved by the exorbitant electricity bill dated 10-08-2018 amounting to Rs. 30,425/- for the bimonthly consumption from 12-06-2018 to 10-08-2018. The appellant approached the CGRF with a complaint against the impugned bill. The CGRF, Kozhikode has dismissed the petition on finding that earth leakage due to the inferior quality of main switch might have been the reason for the high consumption during 08/2018. Aggrieved by the decision of CGRF, the appellant has submitted the Appeal petition before this Authority. Actually an excess consumption was recorded by the energy meter in the disputed period, but the reason could not be ascertained correctly by the respondent during his inspection in the premises or by testing the meter in an approved laboratory. But it is a fact that there was flood and breakdowns in the distribution system in that area. From the findings and conclusions arrived at as detailed above, I decide to set aside the bill amounting to Rs. 30425/- issued to the appellant. The respondent is directed to revise the bill for the period from 12-06-2018 to 10-08-2018 by taking average consumption of three bimonthly spot bills after 21-09-2018. This shall be done at any rate within 30 days from the date of receipt of this order. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed. The order of CGRF, Northern Region in Petition No. OP/87/2018-19/dated 12-12-2018 is set aside. No order on costs.
P/008/2019 - Smt. Laila Sasikumar, Ernakulam

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The appellant is a HT 1 A industrial consumer having consumer number LCN 12/4472 under Electrical Section, Thiruvaniyoor. The appellant was received monthly bill dated 04-06-2018 amounting to Rs. 3,22,745/- which also includes an ‘undisputed arrear amount’ of Rs.1,49,592/-. The appellant had submitted an objection against the bill and requested to provide the details of arrear amount. The Special Officer (Revenue), in his letter dated 04-07-2018, has given clarification to the objection as follows. The appellant’s monthly bill dated 04-08-2014 for the month of 07/2014 was for Rs.271269/-. The last date for payment was 13-08-2014 and the appellant defaulted payment. So a disconnection notice dated 14-08-2014 issued to the appellant to the appellant demanding Rs.118079/- instead of Rs. 3,62,179/- (monthly bill amount Rs. 2,71,269/- + ACD Rs. 90,910/-). The appellant remitted Rs. 118079/- on 25-08-2014. An amount of Rs. 3600/- had been kept as advance in the account of the appellant during the month of 02/2014. Hence a short remittance of Rs. 149590/- (Rs. 2,71,269/- minus Rs. 1,18,079 + Rs. 3,600/-) noticed while reconciling the accounts of the consumer. Aggrieved by the monthly bills dated 04-06-2018 and 03-07-2018, the appellant approached the CGRF with a complaint dated 26-07-2018 requesting to cancel the demand of arrear amount of Rs.,1,96,346.67 (Rs. 1,49,592/-with interest at 18% from 13-08-2014 to 09-07-2018). The CGRF, Ernakulam has dismissed the Petition on finding that the licensee is entitled to recover the undercharged amount, vide its order No. OP 41/2018-19 dated 17-01-2019. Aggrieved by the decision of CGRF, the appellant has submitted the Appeal petition before this Authority. In view of the above factual position I don’t find any reason to interfere with the findings and decision taken by the CGRF, Ernakulam in this case and hence the order of CGRF OP No. 41/2018-19 dated 17-01-2019 is upheld. The appellant is directed to remit the arrear amount of Rs.1,49,592/- within a period of 30 days from the date of this order and the respondent shall collect surcharge after the 30 days for default of payment, if any. As the demand of the arrear was raised on 04-06-2018, there is no question of collecting surcharge from 13-08-2014 from the appellant. Having concluded and decided as above, it is ordered accordingly. No order on costs.
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