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Category: Orders
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Orders of Kerala Electricity Ombudsman  in pdf format
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P/006/2018 - Sri. C.P. Paul Ernakulam

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The appellant is running a hotel in the name and style ‘Paulson Park Hotel’ having consumer number 5481 under the jurisdiction of College Section, Ernakulam. Based on a Government policy of giving more facilities to promote Tourism in Kerala, Tourism was given equal status of industry and as such the electricity tariff of those hotels that got approval was assigned LT IV- industrial tariff since 6/1987. The appellant's hotel was classified as a star hotel by the tourism department with effect from 01-08-988 for a period of 3 years and a certificate was issued by the competent authority to that effect and the power supply to the appellant's hotel was being charged under LT-IV category. The concessional tariff under LT IV claimed subsequently was not supported by any certificate issued by the Tourism Department for availing concessional tariff applicable to the industries in the hotel business. The tariff assigned to the appellant’s hotel was changed to LT VII A Tariff retrospectively for the period during which eligibility certificate was not tendered. The appellant aggrieved by the action on the part of the respondent in classifying them under LT VII A Tariff, approached Hon'ble High Court vide OP No. 5980 of 1998 which was finally disposed of by the Hon'ble Court vide judgment dated 18-03-2005, directing the appellant to produce eligibility certificate from the Tourism Department within one month. Thereafter the eligibility certificate for the period from 22-08-1996 to 22-08-1999 was produced. In pursuance of the judgment in OP No. 5980/1998 a bill for Rs. 1,15,86,310/- dated 18-06-2005 was issued to the appellant for the period from 8/1991 to 8/1996 and from 15-05-1999 to 4/2005 under LT VII A Tariff. Later, the Govt. reversed the order and withdrew the concession of low rate industrial tariff granted to hotels with effect from 15-05-1999, vide GO.(MS) No.537/200/GAD dated 26-09-2000. The appellant has filed a complaint dated 25/2/2007 before the CGRF, Central Region, Ernakulum challenging the demand dated 3/4/2007 issued by the respondent for a sum of Rs. 1,60,15,422/- including surcharge till date, which was dismissed on the ground that since a WP(C) 21918/05 filed by the appellant on the same subject is pending before the Hon. High Court of Kerala. Aggrieved by the order passed by the CGRF the appellant had filed appeal petition dated 31-08-2007 before this Authority. The appeal was disposed of by ordering that the disputed tariff revision is not justified and hence considered as arbitrary and also held that there is no justification for levy of any penal interest on arrears for which consumer is not responsible; vide order No. 22/2007 of 17-10-2007. The KSEB filed WP(C) 22232/2008 before the Hon’ble High Court challenging the findings rendered by the Ombudsman. The Hon’ble High Court, in its judgment dated 27-11-2013, remanded the matter to this Authority for fresh disposal of the case after affording fresh opportunity of personal hearing to the parties concerned. Accordingly the respondent has produced a copy of the judgment on 22—01-2018. From the findings and conclusions arrived at as detailed above, I decide to quash the short assessment bill amounting to Rs. 1,60,15,422/- issued to the appellant claiming arrears of electricity charges together with surcharges. The respondent is directed to revise the short assessment bill by deducting the surcharge from the calculation statement and issue the revised bill to the consumer within fifteen days. No interest is payable by the consumer up to the due date of the revised bill as ordered now. The consumer may be allowed suitable installments if requested for, but will carry interest for installments from the due date of payment of installments. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the Consumer is allowed as ordered and stands disposed of as such. No order on costs.
P/005/2018 - Smt. Rachel Philip Pathanamthitta

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The appellant complaints that the respondent has drawn electric over head line through her property, without her consent. The respondent cut and removed the trees in her property for drawing the 33 kV OH line which caused heavy loss to her. The appellant requested to dismantle the newly line drawn and compensation for the trees removed from her premises by the respondent. The appellant also requested to take disciplinary action against the KSEB officials responsible for this action. Being aggrieved, she filed petition before the CGRF, Kottarakkara and not satisfied by its decision, the appellant has filed the appeal petition. The appeal petition filed by Smt. Rachel Philip, before this Authority is not maintainable for the reason stated above and therefore the said petition stands dismissed and is ordered accordingly. No order on costs.
P/004/2018 - Smt. K.K Rajalakshmi,, Kollam

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The appellant had filed an appeal petition in P/356/2013, being aggrieved at the inaction of KSEB to shift the 11 KV electric line passing through her property to the road side, situated under Electrical Section, Alakode, in Kannur District. She alleges that the said electric line was drawn long ago through her property without obtaining her consent. She owns about 10 cents of land and due to the Line passing above; she finds difficulty to construct a house in her property underneath the said Line. Though the appellant had approached the KSEB for shifting the 11 KV line, they had prepared an estimate amounting to Rs.87,698/‐ and demanded the appellant to remit the same. She is aggrieved by the huge sum demanded by KSEB for the work and sent complaints to higher authorities and since no proper action was taken on the same, she has filed petition before the CGRF, Kozhikode vide Petition No. OP No. 42/2012‐13 and the CGRF has disposed it by order dated 27-12-2012 by disallowing the request for exempting payment of shifting charge, but directed the respondent to revise the estimate excluding the cost of damaged poles. Still aggrieved by the said order, the Appellant has filed the Appeal Petition, before this Authority. This Authority set aside the order of CGRF/North vide order dated 06-02-2014 and issued guidelines for the shifting with a direction to the respondent to prepare estimate as per guideline and issue to the appellant. Accordingly the respondent prepared an estimate for Rs. 27,123/- and intimated the appellant. But the appellant again approached Hon’ble KSERC seeking exemption from paying the deposit work amount, the Hon’ble Commission directed the respondent to give a copy of the detailed estimate to the appellant and further grievance, if any, advised to move to CGRF/North. The respondent acted as directed by the Hon’ble Commission. The appellant approached Hon’ble Kerala Lok Ayukta seeking free of cost shifting of the line and the Authority ordered to remove the line free of cost in its order dated 23-09-2015. Against the order of Hon’ble Lok Ayukta, the respondent filed petition before Hon’ble High Court of Kerala and the Hon’ble Court set aside the order of Hon’ble Kerala Lok Ayukta in order dated 02-02-2017. Afterwards the appellant filed petition in CGRF/North on 24-10-2017 on the strength of the direction of Hon’ble KSERC. The CGRF in its order dated 18-12-2017, directed the respondent to shift the 11 kV line passing through the properties of the petitioner and her two neighbours to the road after remitting deposit work amount by the beneficiaries. The appellant has filed appeal petition before Electricity Ombudsman on 17-01-2018 against the above. In view of the above discussions, the respondent is directed to prepare a fresh estimate for labour charges for the shifting of the line as proposed by the respondent within 2 weeks from the date of receipt of this order and communicated along with a notice to all the concerned including the appellant, after obtaining necessary applications for shifting the line from the other beneficiaries also. It is also directed to complete the work without any further delay from the date on which the appellant and other beneficiaries remit the proportionate amount as per revised estimate. The appellant’s request to refund Rs.1000/- remitted by her towards application fee is not admitted. Having concluded and decided as above, it is ordered accordingly. The CGRF order No. 94/2017-18 dated 18-12-2017 is modified to this extent. No order on costs.
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