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Orders of Kerala Electricity Ombudsman  in pdf format
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P/066/2018 Sri. Abdul Shukkur P.V., Malappuram

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The appellant is an industrial consumer with consumer No. 7298 under Electrical Section, Edavanna having a connected load of 31 kW. The Audit team of Regional Audit Officer, Manjeri conducted an inspection during the month of November 2015 and found that the consumer was issued with undercharged bills from 10/2013 to 08/2015. Accordingly the appellant was issued with a short assessment bill amounting to Rs. 30681/- (Rupees thirty thousand six hundred and eighty one only). Aggrieved by this, the appellant had approached the Hon’ble CGRF (NR) by filing a petition in OP No. 186/2015-16. The Forum quashed the short assessment bill for Rs. 30681/- and directed the respondent to issue short assessment bill in compliance with Regulation 134 of KESC 2014 for ToD energy charges, demand charges, electricity duty and meter rent as per the readings recorded in the office register. The respondent had filed a review petition before the CGRF requesting to review the order dated 30-06-2016 issued in OP No. 186/2015-16. It is submitted by the respondent that the Forum erred and failed to see the power factor incentive/disincentive has been introduced by the licensee from 01-09-2013 based on the order of the Regulatory Commission published in Kerala Gazette dated 9th September 2013 and it is constructive notice and hence a separate notice is not mandatory. The Forum allowed the review petition vide order dated 31-03-2017 in review petition no. 03/2016-17. Aggrieved against this, the appellant has submitted an appeal petition No. P/082/2017 before this Authority which was disposed of by setting aside the order dated 31-03-2017 of CGRF and by quashing the short assessment bill amounting to Rs. 30,681/- and also directed the respondent to revise the short assessment bill by deducting the incentive/disincentive from the calculation statement and to issue the revised bill to the appellant. Accordingly the respondent had issued another revised short assessment bill for Rs. 18,533.00. The appellant challenged this revised bill by filing W.P. (c) No. 41935 of 2017 before the Hon'ble High Court of Kerala and the Hon'ble Court directed the appellant to submit application before the competent statutory authority. So the appellant again approached the CGRF (NR) by filing a petition in OP No. 179/2017-18. The Forum found that the revised bill for Rs. 18,533/- issued to the appellant on 27-11-2017 is in order and hence rejected the petition. Aggrieved against this, the appellant has submitted this appeal petition No. P/066/2018 before this Authority. The only dispute pertains in this appeal petition is the methodology of calculation of the revised bill issued to the appellant. As directed by the Hon. High Court of Kerala, the CGRF, Northern Region have discussed the subject in detail and found that the revised bill for Rs. 18533/- issued on 27-11-2017 is in order and they decided to dispose of the case. This Authority examined the revised bill and found that (1) Billing demand shall be the recorded maximum demand for the month in kVA or 75% of the contract demand whichever is higher. In this case the demand charge was not billed earlier for 75% of the contract demand. Hence the billing demand of the appellant shall be 75% of the contract demand, which is the minimum to be paid by the appellant, even if the actual demand is below of the contract demand. Since the appellant objects the calculation, the respondent shall once again verify the demand raised for Demand Charge (DC), Electricity Charge (EC), Electricity Duty (ED) and Meter Rent (MR) and confirm the correctness. (2) The respondent shall ascertain the correctness of the amount paid by the appellant in each month from 10/2013 to 08/2015. (3) The revised demand for power factor (PF) need not be taken for the final demand, as ordered earlier by this Authority in Appeal No.082/2017 dated 23/10/2017. The respondent shall prepare the demand from 10/2013 to 08/2015 excluding the incentive/disincentive completely (i.e. Rs.19443 calculated). So the revised demand shall include only the Demand Charge (DC), Electricity Charge (EC), Electricity Duty (ED) and Meter Rent (MR) for the period from 10/2013 to 08/2015. The respondent is directed to revise the bill for the entire period from 10/2013 to 08/2015 and generate bill for arrear or excess charges based on the actual amount remitted and the account of the consumer shall be realized/adjusted within one month of this order with details of calculation for his information. The respondent shall refund/adjust the excess amount, if any, remitted by the appellant or collect the short assessed amount if any, being the amount of difference of the revised amount and amount remitted. Having concluded and decided as above, it is ordered accordingly. The order of CGRF, Kozhikode in OP No.179/2017-18 dated 09-07-2018 is set aside. In view of what is stated above, the aforesaid Appeal Petition filed by Sri. Abdul Shukkoor stands disposed of.
P/049/2018 Sri. Muhammed T.M,. Ernakulam

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The appellant is a commercial consumer under Electrical Section, Vazhakulam having Con. No. 11113 and an occupier of the premises and energy used for running a medical shop. The connection is registered in the name of Sri. Kochubava, Nayathu, South Vazhakulam and the appellant is the occupant of the building at present. It is observed by the RAO wing in its audit report on 31.12.2016 that meter of the premises was sluggish during the period from 11/2014 to 05/2015. Based on the above findings the Assistant Engineer, Electrical Section, Vazhakulam issued a short assessed the appellant for the period from 05/2015 to 03/2017 and issued a bill amounting to Rs. 2,714/-. Aggrieved against this, the appellant filed a complaint before the CGRF (Central Region), Ernakulam. The Forum dismissed the petition vide order No. 158/2017-18 dated 30-06-2018 by holding that the case is not maintainable as the appellant is not a consumer. Against the decisions of the CGRF, the appellant has approached this Authority with this appeal petition. From the analysis done above, this Authority have reached to the conclusion that there is no need to reassess the appellant during the disputed period and hence found the short assessment not to be maintainable. Similarly the CGRF order dated 30-06-2018 is not in order. Considering the above facts, I decide to set aside the short assessment bill amounting to Rs. 2714/- issued to the appellant. 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, Central Range in Petition No. OP/158/2017-18/dated 30-06-2018 is set aside. No order on costs.
P/048/2018 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 consumer number of the appellant’s three phase service connection is 6679 with tariff LT VI F which is coming under the jurisdiction of Electrical Section, Rajakkad, Idukki. The appellant is paying the current charges regularly without any dues or delay. But the respondent as per the invoice dated 28-12-2017 directed the appellant to remit an amount of Rs. 1,74,637/- being the short assessment based on the findings that the meter was faulty for the period from12/2012 to 11/2013. An objection against the demand was filed before the Assistant Engineer on 19-01-2018. He rejected the petition without quoting any valid reason or regulations and directed the appellant to remit the short assessed amount. Against the short assessment bill, the appellant had approached the CGRF (CR) Ernakulam by filing a petition No. 152/2017-18. The Forum dismissed the petition due to lack of merit, vide order dated 30-06-2018. 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 to set aside the short assessment bill amounting to Rs. 1,74,637/- issued to the appellant. 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, Central Range in Petition No. OP/152/2017-18/dated 30-06-2018 is set aside. No order on costs.
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