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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/046/2017 Sri. Alexander K.M., Kottarakkara

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The service connection bearing consumer No. 26466, in LT I A domestic tariff, under Electrical Section, Kottarakkara West, was originally stands registered in favour of Sri Alexander K.M. The sanctioned load of the connection is 2746 Watts. 2. A surprise inspection was conducted by the officials of the Electrical Section, Kottarakkara West on 18-11-2014 in the premises of the appellant and a site mahazar prepared. 3. It was found that the appellant had been using electricity for manufacturing wooden furniture with a connected load of 4376 Watts in the premises. A provisional assessment bill for Rs. 17,525/- was issued on 18-11-2014 under Section 126 of Electricity Act, 2003, under LT VII A tariff. The appellant filed a petition before the Assessing Officer on 21-11-2014. The provisional assessment was finalized on the same amount and final bill was issued on 09-03-2015. 4. The appellant filed an appeal before the Appellate Authority on 09-04 2015 after remitting 50% of the final assessed amount. (Rs.8833/-) The Appellate Authority issued orders on 25-09-2015 by setting aside the final bill and directed the respondent to revise the assessment by taking the assessment for entire usage of electricity at two times the fixed charges and energy charges under LT IV A tariff for a period of 12 months. 5. Accordingly a revised bill dated 11-11-2015 amounting to Rs. 1,967/-was served on the appellant. 6. It is stated by the respondent that arrear current charges from 26-11-2015 of the appellant was pending and a notice dated 28-02-2016 was pasted on the wall of the shop since the premises was under door lock. 7. The service connection was dismantled on 15-04-2016 due to non-payment of arrears and registered notice for revenue recovery has been sent, but returned unclaimed. 8. The appellant filed a petition before Kerala State Electricity Regulatory Commission, Thiruvananthapuram on 27-09-2016 for implementing the order of the Appellate Authority and against dismantling of the service connection. 9. The Regulatory Commission, vide its letter dated 21-11-2016, directed the appellant to submit the complaint before the CGRF and accordingly he filed a petition before the Forum on 25-11-2016. 10. The petition OP No. 302/2016 filed before the CGRF, Kottarakkara, by the appellant was disposed of on 14-03-2017 with the following observation and direction. “The main contention of the petitioner is that the order of the Appellant Authority has not been complied. But on perusing the records and hearing the parties that the disputed bill was revised and issued a bill for the balance amount of Rs.1967/- on 11-11-2015. On going through the appellate order on 25-09-2015, it is ordered that the assessment shall be revised within 15 days. But the revised order was issued after 45 days so the licensee has not complied the order properly in time.” “The Forum direct the consumer to submit a fresh application for he service connection after remitting dues, and the respondent is directed to take immediate steps for processing the application and giving connection to the petitioner.” 11. Aggrieved by this Order, the appellant has submitted the appeal dated 22-04-2017 before this Authority. With regard to the matter of compensation, the appellant is free to approach the licensee, as per Regulations of Kerala State Electricity Regulatory Commission (Standards of Performance of Distribution Licensees) Regulations 2015, if he desires so. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the consumer stands disposed of as such. No order on costs.
P/047/2017 Sri. K.V. Sunil, Ernakulam

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The registered and corporate office of the Kerala Electrical & Allied Engineering Company Ltd., (KEL), is functioning on rental basis in the 7th floor of the Housing Board Office Complex, Panampilly Nagar, Cochin-36. The appellant having consumer No. 7243 was assigned LT VI B tariff, with a connected load of 10000 watts, under the jurisdiction of Electrical Section, Girinagar. The Regional Audit Officer of the KSEB noticed the anomaly on inspection of Records in 07/2016 and objected classification of the consumer under LT VI B category instead of LT VII A. The respondent changed the tariff from LT VI B to LT VII A commercial and a notice and short assessment bill for Rs.152193/- was issued to the appellant along with a detailed calculation statement. A petition filed under Petition No.128/2016-17 before the CGRF, Ernakulam, by the appellant was dismissed and held that the short assessment bill issued is in order. Aggrieved by this Order, the appellant has submitted the appeal dated 25-04-2017 before this Authority. From the analysis done above and the conclusions arrived at, I take the following decisions. From the conclusions arrived at as detailed above, I am fully convinced that the request of the appellant is reasonable and justifiable. Hence, I decide that the order of the CGRF stands quashed. The short assessment bill amounting to Rs. 1,52,193/- issued to the appellant, by way of commercial tariff, for a period of 2 years, is set aside. The respondent is directed to reassign the tariff of the appellant under LT VI B. 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/029/2017 Sri. P.K. Prathapan, Thrissur

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The appellant is running a hotel named Sidhartha at Chalakudy, under the jurisdiction of Electrical Section, Chalakudy having consumer number LCN 3/6330. The tariff assigned is HT IV and the contract demand is 165 kVA. The energy meter of the appellant was changed on 21-07-2015. On 21-01-2016, the CT, panel board and associated equipments were damaged due to short circuit. There was no supply for 3 days and unmetered supply was given to the appellant till commissioning of new CT on 12-02-2016. It is revealed from the data downloaded from the meter, by the TMR, Angamaly, there was one phase voltage (B phase) missing from 24-09-2015 to 12-02-2016 and recommended to review the bills for the above periods. Accordingly, the party was served with a provisional short assessment bill on 17-11-2016, when the meter was found recording less than the actual, so as to recover the unrecorded portion of energy, for Rs. 6,21,788/-. The consumer lodged complaint before the CGRF, Ernakulam, with Petition No. 108/2016-17 and the Forum held that the short assessment bill is in order and allowed 15 installments to remit the amount. Aggrieved by the decision, the appellant has submitted the Appeal petition before this Forum. From the analysis done and the conclusions arrived at, which are detailed above, I take the following decisions. 1. Revise the bill for the period from 24-09-2015 to 12-02-2016 exempting 3 days of interruption during the period, based on the average consumption of March, April and May 2016. 2. Granted 10 monthly instalments without interest, and the 1st installment shall be paid within 30 days of the issue of this order and the respondent shall intimate the ‘installment due dates’ within 10 days of the receipt of this order. Having concluded and decided as above, it is ordered accordingly. The order of CGRF in petition No. 108/2016-17 dated 04-02-2017 is modified to this extent. No order on costs.
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