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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/014/2017 The Secretary Thrikkakkara Municipal Co-operative Hospital Society Ltd., Kakkanad

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The appellant is the Secretary of the Thrikkakkara Municipal Co-operative Hospital Society Ltd. No. 993, Kakkanad and the institution is registered under the Co-operative Society Act. The hospital had two service connections with consumer Nos. 41016 and 41017 availed on 24-12-2012 having a connected load of 9 kW and 7 kW respectively. The tariff assigned at the time of connection was LT-VI A. It is alleged that during the inspection conducted by the Audit Wing of KSEB Limited it was detected that the tariff was wrongly assigned to LT VI A instead of LT VI F. The appellant had been enjoying the concessional tariff under LT VI A, which is eligible only to those consumers registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, the donation to which are exempted from income tax, vide tariff order dated 25-07-2012. So, the appellant was issued with short assessment bills for Rs. 54,413.00 and Rs. 92,980.00 to recover the undercharged amount due to wrong fixation of tariff to consumer Nos. 41016 and 41017 respectively for the period from 12/12 to 06/2015. Aggrieved against this, the appellant approached with a petition before CGRF (Central), Ernakulam which was dismissed by the Forum vide order No. 92/2016-17 dated 29-12-2016. Not satisfied with the above decision, the appellant has filed this appeal petition before this Authority with a request to set aside the short assessment bills and to retain the tariff under LT VI A. Considering the above facts and legal provisions pertaining to the issue this Authority is of the considered view that the appellant’s premises are not eligible for LT VI A tariff. So, the appeal petition stands dismissed as it is found having no merits. However, it is made clear that the period of short assessment shall be limited for a maximum period of 24 months as per Regulation 152(3) of Supply Code, 2014. Installment facility, if any, requested by the appellant shall be sanctioned as per Regulation 152(4). The order of CGRF in No. 92/2016-17 dated 29-12-2016 is modified to the extent as ordered above. No order as to costs.
P/008/2017 Sri P.K. Thomas, Kottayam.

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The appellant, Sri P.K. Thomas, is an industrial consumer with name and style, ‘Perincheril Rubbers’, with consumer No. 9167, under the jurisdiction of Electrical Section, Nattakam. The appellant is aggrieved against the short assessment bill issued for an amount of Rs. 14,520.00 for the period from 10/2013 to 09/2014 towards the shortage in demand charges as the appellant was not being billed under ToD tariff. Aggrieved against the bill the appellant filed petition before the CGRF, Kottarakkara which was dismissed vide order OP No. 177/2016 dated 19-12-2016 due to lack of merit. So, the appellant preferred this appeal before this Authority with a request to cancel the impugned bill issued. In view of the above findings, the revised short assessment issued by the respondent is found in order and the appellant is liable for making the payment. The appeal is disposed of accordingly. The order of CGRF in OP No. 177/2016 dated 19-12-2016 is upheld. No order as to costs.
P/015/2017 Sri Paramaswaran K. K., Ernakulam

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The appellant, Sri K. K. Paramaswaran, is a commercial consumer (LT VII A) with consumer No. 34081, having a connected load of 4.9 kW, under Electrical Section, Palarivattom. The appellant submitted an application for an additional load of 120 kW on 15-12-2015 and is under processing. While being so, the appellant’s premises was inspected by the Assistant Engineer concerned on 28-09-2016 and detected that unauthorized additional load of 66.27 kW was connected and used in the premises. Hence the appellant was served with a provisional bill for an amount of Rs. 2,57,905.00 on 28-09-2016 towards the unauthorized additional load of 62 kW as per Section 126 of Electricity Act 2003. As the appellant had not filed any objection against the provisional bill, the respondent issued final bill on 06-10-2016. Aggrieved against this bill, the appellant had filed a petition dated 07-10-2016, before the CGRF, Ernakulam. But the CGRF has dismissed the petition with a finding that the petition comes under the purview of Section 126 of Electricity Act and has no authority to entertain the petition, vide its order No. CGRF–CR/ Comp. 88/2016-17 dated 23-12-2016. Feeling aggrieved by the decision of CGRF, the appellant has submitted the appeal petition before this Authority. In short, the appellant herein is not entitled to file a petition before this Authority against the bill raised under Section 126 of Electricity Act. It is therefore held that the remedy available to the appellant is only to file appeal before the Appellate Authority as per Section 127 of Electricity Act, 2003. It is made clear that for filing appeal a period of 30 days is allowed from the date of receipt of this order. The order of the CGRF is upheld. The appeal petition is rejected as not maintainable. No order as to costs.
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