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Category: Orders
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Orders of Kerala Electricity Ombudsman  in pdf format
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P/069/2016 Sri. T.P. Muhammed Ernakulam.

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The appellant is having a three phase industrial service connection with consumer No. 11909 under Electrical Section, Kuruppampady, for running a firm in the name and style of Universal Veneers. While so on 17-06-2016, the APTS of licensee conducted an inspection in the appellant’s premises and detected that the current in the Y phase is ‘zero’ and hence the consumption in that phase was not recording in the meter. Accordingly, the appellant was served with a short assessment bill for an amount of Rs. 36,141.00 for the period from 05-04- 2016 to 30-04-2016, during the period in which the meter was alleged to have not recording properly. Aggrieved by this, the appellant approached the CGRF, Ernakulam, with petition No. OP 52/2016-17 and the Forum dismissed the petition vide its order dated 30-09-2016. Against the above decision, the appellant has submitted this appeal petition before this Authority. In the above circumstances the short assessment bill amounting to Rs. 36,141.00 issued to the appellant was arrived at on the basis of a wrong calculation which is not legally sustainable and hence set aside. However, it is left open to the respondent to issue a revised bill for the month of April 2016 on the basis of average consumption computed from 3 billing cycles after rectification of defect in the meter as per Regulation 125(1) of Supply Code, 2014. This shall be done at any rate within 30 days from the date of receipt of this order. Excess amount, if any, remitted by the appellant shall be refunded or adjusted against the future bills. The CGRF order in OP No. 52/2016-17 dated 30-09-2016 is set aside. No order as to costs.
P/087/2016 Smt. Ummayya Kozhikode

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The appellant, Smt. Ummayya, General Manager, Hotel Sagar, near KSRTC Bus Stand, Mavoor Road, Kozhikode is the registered consumer with consumer No. CB 5575 under the jurisdiction of Electrical Section Central, Kozhikode. On 16-1-2007, the APTS team, Thiruvananthapuram inspected the premises of the appellant and noticed that current recorded in one phase (phase C) was negligibly low during the actual current flow. So, the appellant was issued with a short assessment bill for Rs. 1,09,925.00 towards the charges for the unrecorded portion of energy in the meter for the period from July 2006 to December 2006. Against this bill, a petition was filed before the CGRF, Kozhikode with a request to cancel the short assessment bill. The Forum has ordered to reassess the consumption based on average of consumption from January 2006 to June 2006 and to issue revised bill, vide order No. CGRF/DCE/COMP/DOP(G) /77/2007-08/317 Dated 15-05-2007. Still aggrieved with the above order, the appellant had filed an appeal petition before the Ombudsman which was disposed of vide order No. 13/2007 dated 11-07-2007. In the above order it was held that the fault had occurred only in the later half of December 2006 and there was no justification for revising the bills for July 2006 to November 2006 and hence directed to revise the bill accordingly. The KSEB Limited has filed Writ Petition No. 5761 of 2008 challenging the said order dated 11-07-2007. The Hon’ble High Court in its judgment in WP (C) No. 5701 of 2008 dated 13-10-2016 directed this Authority to pass fresh orders after conducting a hearing with the Assistant Executive Engineer, Electrical Sub Division, Nadakkavu. So, in view of the above findings the revised short assessment bill issued to the appellant for Rs. 86,521.00 is not sustainable and hence quashed. However, the respondent is directed to revise the bill for the month of December 2006 on the basis of average consumption for the period from January 2006 to June 2006. This shall be done at any rate within 30 days from the date of receipt of this order. It is made clear that no surcharge or interest shall be levied from the appellant for the appeal pending period. The appeal petition is disposed of accordingly. No order as to costs.
P/066/2016 Sri. K.A. Abraham Kottayam

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The appellant is having an industrial service connection (LT-IV tariff) for manufacturing of Rubber Waste Powder with consumer No. 6787 under Electrical Section, Nattakom. While so on 09-05-2006, the APTS of KSEB Kottayam conducted an inspection in the premises and found that one phase of the 3 phase CT meter was not recording energy consumption due to the defect of CT connected in that phase. Accordingly, the appellant was served with a short assessment bill for Rs. 1,67,261.00 for the period from November 2005 to April 2006. The appellant lodged complaint before the Assessing Officer, the Assistant Engineer, against the said assessment on 31-01-2006. But the Assistant Engineer directed the appellant to remit 1/3rd of the assessed bill and to file appeal before the Deputy Chief Engineer, APTS, HQ, Thiruvananthapuram. Aggrieved by the decision of the Assistant Engineer, the appellant filed WP(C) No. 15153/2006 before Hon'ble High Court. The Hon’ble High Court vide judgement dated 12-06-2006 directed CGRF, KSEB Ltd. to hear the complaint and dispose the same. The CGRF, Kottarakkara dismissed the complaint filed by the appellant as per order dated 14-07-2006. Aggrieved by the order of CGRF, Kottarakkara, the appellant filed WP(C) No. 23780/2006 before the Hon'ble High Court and the petition was disposed by the Hon'ble High Court vide judgement dated 16-08-2016. In the judgment dated 16-08-2016, the Court directed the appellant to approach this Authority for redressal of his grievances. Accordingly, the appellant has submitted the appeal petition before this Authority. In view of the above observations, it is hereby ordered that the short assessment bill issued stands cancelled. However, it is made clear that the respondent is directed to reassess the appellant for the period from March 2006 to 16-05-2006 on the basis of the average consumption of the succeeding six months after rectification of defective CT. The appeal is disposed of accordingly. No order as to costs.
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