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Category: Orders
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Order by: Default | Name | Date | Hits | [Descending]
Orders Files: 1237
Orders of Kerala Electricity Ombudsman  in pdf format
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P/013/2024- Sri. Dr. P.N. Premachandran

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The appellant Dr. P.N. Premachandran is the consumer under Electrical Section, Peroorkada which is under the Vellayambalam Electrical Sub Division with consumer No. 1145082009119. The appellant is the owner of the house no. TC:24/498 and has been rented out to Smt. Lathika Kumari for running a ladies hostel. Thiruvananthapuram corporation had found out that this ladies hostel was functioning unauthorisedly without proper license etc., from the corporation authorities. Accordingly corporation had issued letters to the licensee vide letter dated 23/03/2022, 08/04/2022 and 12/04/2022 to disconnect the power supply to this house as it was functioning as hostel without license. Then the officials of licensee conducted an inspection on 11/04/2022 and found the tariff misuse in this connection. The building named ‘Indra Prastham’ bearing no. TC: 24/498 (old no. TC:04/546) belongs to the appellant and 3 phase connection was obtained on LT 1A tariff for the domestic purpose. The house was taken on rent by Smt. Lathika Kumari to run a ladies hostel and a rental agreement was signed on 01/12/2020. The site mahazar was prepared by the inspection team and connected load is found to be 6.409 kw. The tariff applicable for private hostel is LT 7A. The power connected on LT 1A was utilized for the purpose of commercial use where the tariff applicable is the LT 7A. As per the section 126 (6) (b) (iv) of The Electricity Act 2003, and its amendment Act 2007 that ‘for the purpose other than for which the usage of electricity was authorised’ prepared the provisional assessment for an amount of Rs. 66,987/-. Then appeal hearing was conducted by AEE, Vellayambalam and attended by Smt. Lathika Kumari, the occupier of the house. The assessing officer confirmed the amount and sanctioned 4 instalments for paying the amount. The occupier has not paid the amount and then the licensee has issued notice to the appellant who is the consumer. The consumer is contenting that he is not aware of this matter and the licensee have not informed the consumer about the developments. Now, the occupier has vacated the premises and the owner has to make the payment. The appellant filed the petition to CGRF and CGRF issued order dated 14/02/2024 stating that the petitioner has to file the appeal to the Appellate Authority as per section 127 of Electricity Act 2003. Aggrieved by the decision of CGRF, this appeal petition is filed to this authority.
P/010/2024- Smt. K. Lalitha

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The appellant smt. Lalitha, Executive Director, Attukal Shopping Complex had purchased a property which has been sold by the M/s Dhanlaxmi Bank after taken over from a borrower namely M/s Ayyappas Textiles by the bank. Sri. A.V. Rengaraj, the owner of the M/s Ayyappas Textiles have borrowed loan from the Dhanlaxmi bank and defaulted the repayment. The bank has taken the physical possession of the mortgaged assets including the property as per the SARFASI Act and sold it on public tender/auction. The bank has handed over the property to the appellant on 02/11/2019. The electricity charges were not paid by the appellant since November 2019. The appellant has approached the licensee to transfer the connection to their name and transfer the deposit and also to reduce the contract demand. The request was not implemented by the licensee due to non payment of arrears. Then the appellant had approached CGRF and then appeal to Ombudsman. Ombudsman issued order dated 29/07/2022 stating that the arrear amount is liable to pay by the registered consumer and the contract amount is to be reduced with effect from 07/11/2020. The licensee has implemented the decisions. The appellant has filed the petition to Hon’ble High Court of Kerala, the licensee also approached the Hon’ble High Court and also A.V. Rengaraj. Hon’ble High Court issued order on the WA 1248/23 along with WP(C) 3410/2023 & WP(C) 21067/2023 directing the state electricity ombudsman to review the order issued on P/029/2022 and decide the matter afresh after providing an opportunity of hearing to all concerned as early as possible. Accordingly, this case has been considered and numbered as P/10/2024 and issued notices to the appellant smt. Lalitha, the licensee (KSEBL), sri. A.V. Rengaraj, The Dhanlaxmi Bank to submit their written statement. The parties asked more time to submit the statement. Then hearing was conducted on 16/04/2024 and on 02/05/2024.
P/09/2024- Sri. Muhammed Kutty

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The appellant shri. Muhammed Kutty is a consumer of the licensee (KSEB) under the electrical section, Venniyur, Malappuram. The service connection was LT 3 phase, availed on 29/02/2012 under the tariff LT IV with connected load 12.877 kw. The appellant defaulted the payment and the licensee asked to remit a total of Rs. 26,024/- including surcharge. The instalment payment has been accepted by the licensee based on the request from the consumer and even then the appellant has not made the payment. Then the power has been disconnected on 01/02/2022 and the dismantle notice has been served on 19/08/2022 on completion of 180 days of disconnection. The connection was dismantled on 26/09/2022. As the amount due was not paid, the Revenue Recovery proceedings have been initiated by serving a notice to the consumer through letter dated 10/10/2022. The appellant approached Honourable High Court of Kerala by a WP and the court directed the appellant to file the petition to CGRF. Accordingly appellant filed the petition before CGRF and CGRF issued order dated 30/12/2023 on completing the proceedings. This petition is filed to the Ombudsman as an appeal petition to the order of CGRF.

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