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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/080/2016 Sri. Beeran Koya West Hill, Kozhikode.

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The appellant, Sri Beeran Koya, is a consumer having No. 23398 with a connected load of 6 kW under the jurisdiction of Electrical Section, Mankavu. During inspection in the appellant’s premises on 14-09-2012, unauthorized additional load (UAL) to the tune of 75 kW was detected. Hence a penal bill for the period from 3/2012 to 7/2012 for an amount of Rs. 2,01,332.00 was issued and the same was paid by the appellant. While so, the Audit party noticed that though the appellant has regularized the additional load only on 16-03-2013 the penalization was not continued for the period from 9/2012 to 7/2013. Thus a short assessment bill for an amount of Rs. 5,02,636.00, towards the penal charges for unauthorized additional of 75 kW was issued on 27-11-2015 for the period from 9/2012 to 7/2013. Aggrieved against the bill, the appellant filed an objection before the Assessing Officer on 09-12-2015, which was dismissed vide proceedings dated 15-01-2016. So the appellant approached the CGRF with a petition and the Forum allowed the petition in part and quashed the impugned bill. Still not satisfied with the decision of CGRF in OP No. 179/2015-16 dated 22-06-2016, the appellant has filed this appeal petition before this Authority. In view of the reported decision of Hon’ble High Court referred above, the case in hand, the respondent failed to make a provisional assessment during the period under dispute after giving an opportunity to file objection. But the respondent simply imposed penalty for an amount of Rs. 5,02,636.00 even without observing the procedural formalities contemplated under Section 126 (2) & (3). Therefore, the penal bill issued for Rs. 5,02,636.00 is hereby quashed. However, the respondent is free to initiate fresh proceedings if it is proposed to impose penalty on the allegation of continued usage of unauthorized additional load for the period from 9/12 till the date of application for regularization the quantum of penalty shall be limited as per the method described above. The imposition of penalty, if any, proposed shall be finalized by the respondent at any rate within a period of 30 days from the date of receipt of a copy of this order. The appeal petition is disposed of accordingly. The order of CGRF in OP No. 179/2015-16 dated 22-06-2016 is modified. No order as to costs.
P/082/2016 Sri. Muhammed Rafi Malappuram

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The appellant, Sri Muhammed Rafi, had submitted an application for service connection before the Assistant Engineer, Electrical Section, Thirunavaya, Malappuram, on 13-11-2013. He remitted the application fee and also paid Rs. 1,850.00 as cash deposit and OYEC charges. The grievance of the appellant is that the respondent failed to effect the service connection timely. Aggrieved by this, the appellant approached the CGRF (North), Kozhikode, with his petition dated 30-05-2016. The CGRF disposed of the petition directing the respondent to take up the matter with the District Magistrate so as to effect the connection to the petitioner without further delay. Meanwhile, the service connection was effected on 21-11-2016. Thereafter the appellant filed this appeal petition before this Authority seeking compensation for the delay in effecting the service connection. In view of the fact that the matter is settled I am not going into the merits of the rival contentions raised in the appeal. However, it is left open to the appellant to approach the authorities of licensee for compensation, if desires so. In the above circumstances the appeal is disposed of as above. The order of CGRF in OP No. 34/2016-17 dated 04-10-2016 is set aside. No order as to costs.
P/071/2016 M/s KITCO Ltd., Ernakulam

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The appellant, M/s KITCO Ltd., is a Kerala State public sector Company engaged in consultancy and allied activities. The appellant has applied for HT supply of power to the extent of 130 kVA under Electrical Section, Vennala. The licensee has demanded a sum of Rs. 2,95,000.00 computed @ Rs. 2270.00/kVA as pro-rata transmission side development charges on per kVA basis from the appellant, as the proportionate cost for enhancing the capacity of Sub Station. Against this demand, the appellant had filed WP (C) 3951/2013 and the Hon’ble High Court in its interim order dated 11-02-2013 directed KSEB to effect power connection without collecting per kVA development charges and in judgment dated 27-05-2016, it was directed the appellant to approach the CGRF and accordingly the Writ Petition was disposed of. So, the appellant filed a petition before the CGRF which was disposed of vide Order No. 32/2016-17 dated 30-09-2016, with a finding that the demand raised by the respondent is correct and the appellant is bound to pay the same. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition. In view of the above discussions the respondent is hereby directed to prepare a revised demand on the estimate cost of work for the capacity enhancement necessitated for giving supply to the appellant at any rate within a period of 30 days from the date of receipt of this order and the appellant shall remit the same within one month, failing which the licensee shall be entitled to recover the same.   Excess remittances if any made by the appellant shall be refunded by adjustment in the monthly current charges/direct refund within a period of 3 months. The appeal filed by the appellant is admitted to the extent as ordered above. Having concluded and decided as above it is ordered accordingly. The CGRF order No. 32/2016-17 dated 30-09-2016 is set aside. No order as to costs.
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