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Category: Orders
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Orders Files: 1280
Orders of Kerala Electricity Ombudsman  in pdf format
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P/067/2017 Sri. C.V. Thomas & Smt. Kunjumol, Kollam.

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The appellant has filed the appeal petition, being aggrieved at the inaction of KSEB to shift the transformer erected in their property without consent and the failure to remove the private advertisement board in the label of KSEB without consent, under Electrical Section, East Kallada, Kollam. They alleged that the said transformer erected in their property without obtaining consent. Though the appellant had approached and sent complaints to higher authorities no proper action was taken on the same. The appellants have filed petition before the CGRF, Kottarakkara vide Petition No. OP No. 280/2016 and the CGRF has disposed it by order dated 01-03-2017, with a direction to the respondent; “ the respondent is directed to place the name board of the transformer with “Federal Bank Transformer”. Since this order was not complied with by the respondent, the appellant has filed the Appeal Petition, before this Authority. From the conclusions arrived at as detailed above, I decide to upheld the order of CGRF, Kottarakkara in OP No. 280/2016 dated 01-03-2017. The respondent shall take action to rename the transformer within a period of 15 days from date of receipt of this order and inform the appellant after making necessary entries in the office records. 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/064/2017 The Director, Devamatha Medical Institutions, Koratty, Thrissur

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Three numbers of service connections with consumer No. 10981, 10982 and 10983 were effected in favour of Devamatha Medical Institutions, Koratty, Thrissur under Electrical Section Koratty under LT VI A tariff. The connected load of these connections is 62 kW, 31 kW and 24 kW respectively. The Anti Power Theft Squad (APTS) Wing of KSEB Ltd conducted an inspection in the appellant’s premises on 21-03-2017 and detected that the tariff assigned to the appellant was LT VI A tariff instead of the eligible tariff of LT VI F. The appellant had been enjoying the concessional tariff, which is eligible only to those consumers having registration under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, the donation to which are exempted from income tax. Since the appellant was billed under LT VI A tariff, short assessment bills dated 04-07-2017 amounting to Rs. 5,88,091/- to consumer number 10981, Rs. 9,143/- to consumer number 10982 and Rs. 51,303/- to consumer number 10983 were issued towards the undercharged amount due to wrong fixation of tariff. Another complaint of the appellant is that he was denied HT conversion by the respondent. Aggrieved against this, the appellant approached with a petition before CGRF (Central), Ernakulam, which was disposed of by the Forum vide order in OP No. 8/2017-18 dated 22-06-2017 by cancelling the short assessment bills dated 04-07-2017 and directed the respondent to revise the bills limiting the period of short assessment for a period of 24 months and to consider his application for LT to HT conversion after clearing the dues in LT connections. Against the above order, the appellant has filed this appeal petition before this Authority with a request to retain the tariff under LT VI A till the appellant gets the certificate 80G from Income Tax Department. Considering the above facts and legal provisions pertaining to the issue this Authority is of the considered view that the appellant’s premises is not eligible for LT VI A tariff. So, the appeal petition stands dismissed as it is found having no merits. The order of CGRF (Central Region), Ernakulam in OP No. 08/2017-18 dated 22nd June 2017 is upheld. However, the appellant is free to approach the respondent for reclassification of tariff as per Regulation 98 of the Kerala Electricity Supply Code, 2014 with relevant approval under Section 80 G (5) (vi) of Income Tax Act, 1961 obtained from Income Tax Department. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/063/2017 Swami Chaithanya Jnana Thapaswi Thiruvananthapuram

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The three phase service connection with consumer No.10623 (new consumer No. 23794) is effected in the name of Santhigiri Medical College, Palakkad under Electrical Section, Thathamangalam and the existing tariff is LT VI F. The connected load of the premises is 68000 Watts. As per the schedule of tariff and terms and conditions for retail supply by KSEB, self financing educational institutions including hostels come under LT VII A tariff with effect from 01-12-2007. Before 01-12-2007, all self financing educational institutions were billed under LT VI A tariff. The respondent had billed the appellant mistakenly under IT VI A tariff during the period from 12/2007 to 10/2008 and to recoup the difference of tariff from VI A to VII A, the appellant was issued a short assessment bill for Rs. 2,22,416/- on 22-11-2008. Against this, the appellant filed WP(C) No. 36758/2008 before the Honourable High Court of Kerala and the Hon'ble High Court as per order dated 15th December 2008 permitted him to pay the electricity charges under LT VI A tariff for a period of one month from the date of the order. On 07-08-2009, another short assessment bills for an amount of Rs. 1,09,042/- for the period from 11/2008 to 4/2009 and for an amount of Rs. 38,710/- for the period from 11/2009 to 12/2009 were issued to the appellant and the same are pending for payment. Aggrieved by this, the appellant approached with a petition before CGRF, Kozhikode. The petition was dismissed by the CGRF vide order in OP No. 112/2016-17 dated 06-05-2017. Not satisfied with the above order, the appellant has filed this appeal petition before this Authority. From the analysis done and the Findings arrived at, I take the decisions as; (1). Exactly following the decision of the Hon High Court stated above, the appellant shall pay the monthly bills under LT VII‐A tariff from the date of detection of the wrong tariff fixed to the party i.e. from the month of 11/2008 onwards and short assessment bill dated 22-11-2008 raised for Rs. 2,22,416/- for the arrears of the period prior to that month (11/2008)and the interest of Rs.4,77,930/- shall be kept pending. But the same will be subject to the result of the judgment in the batch of SLP’s pending before the Hon: Supreme Court on the issue of electricity tariff applicable to Self Financing Educational Institutions and the respondent shall act as per the verdict, on its pronouncement. (2). It is clarified that the disputed short assessment bill dated 10-08-2009 for an amount of Rs. 1,09,042/- for the period from 11/2008 to 4/2009 and for an amount of Rs. 38,710/- for the period from 11/2009 to 12/2009, issued to the appellant shall be payable by the appellant within a period of 30 days from the date of receipt of this order. (3). The order in OP No. 112/2016-17 dated 06-05-2017 of CGRF, Kozhikode stands modified to this extent. Having decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is disposed of with the said decisions taken and issued. No order on costs.
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