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Orders of Kerala Electricity Ombudsman  in pdf format
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P/061/2016 Sri. Abdul Salam Chadayamangalam, Kollam

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The appellant is a domestic consumer having consumer number 725 under Electrical Section, Chadayamangalam. The appellant has filed the appeal petition, being aggrieved against the inaction of the respondent to shift the overhead line passing through his property for giving service connection to the house of one Smt. Isha Ummal. It is alleged that the above overhead line was drawn long ago through the appellant’s property without obtaining his consent. The appellant submitted a petition on 12-02-2016 to the Additional District Magistrate, Kollam requesting to shift the overhead line from his property. But the Additional District Magistrate issued orders to shift the overhead line, provided the appellant remits the required amount under work deposit. Though the respondent prepared an estimate for shifting the overhead line and intimated the appellant, he was not willing to remit the estimate amount. Meanwhile, the appellant also filed a petition before the CGRF, Kottarakkara vide OP No. 86/2016, upon which the CGRF has ordered (dated 17-08-2016), as; “the respondent shall shift the line within one week from the date of remittance of the required charges and once again inform the petitioner to remit the amount.” Aggrieved against the said order of CGRF, the appellant has filed this appeal before this Authority. Having regard to the fact that the appellant had some grievance against the order of CGRF (South) Kottarakkara in OP No. 86/2016dated 17-08-2016, this Authority perused the documents and heard the arguments of both sides. Since the respondent is willing to carry out the work as per the proposal submitted before Additional District Magistrate and the appellant also agreed to the suggestion, it is decided to settle the issue accordingly. Hence the respondent is hereby directed to prepare the estimate as per Regulation 95 (4)(c) of the Kerala Electricity Supply Code, 2014 and carry out the work within 10 days from the date of remittance of the estimated amount by the appellant. Accordingly it is decided to settle the issue as ordered above.
P/062/2016 Sri. Mujeeb Rahman Thiruvananthapuram.

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This appeal petition has been filed by Sri. Mujeeb Rahman, Thaufeena Mazil, Nemom, against the order dated 09-08-2016 in OP No. 68/2016 passed by the CGRF, Kottarakkara, in the matter of changing of ownership of the service connection having No. 17365, under Electrical Section, Vizhinjam. The gist of the petition is that the appellant’s father Sri. Abdul Rasheed was the registered owner of service connection with consumer no. 17365 provided to building No VP VIII in Thiruvananthapuram Corporation. It is alleged that one Sri. A. Siddique, Parayamvilakam Veedu, Vizhinjam has changed the ownership of the above service connection to his name by producing fake documents before the respondent. Though the appellant had approached the officers of the licensee, against the change of ownership of the service connection, the same was rejected by the respondent. The appellant then filed a petition before the CGRF, Kottarakkara and the same was dismissed the petition due to lack of maintainability. Aggrieved against this, the appellant has filed this appeal before this Authority. In view of the above findings, it can be concluded that present case is only a part of a larger dispute of occupancy/ownership of the said property and building, which is long pending between the appellant and others, which can be decided only through a Civil Court’s ruling. So this Authority didn’t find any reason to intervene in the matter at this stage. The order of CGRF in OP No. 88/2016 dated 09-08-2016 is upheld. No order as to costs.
P/059/2016 Sri. Arun R Chandran, Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the above service connection is 7669 and is under the jurisdiction of Electrical Section, Mulamkunnathukavu. At the time of availing service connection by the Cellular Mobile Towers who failed to produce required clearances, was given temporarily under LT III tariff. Challenging the applicability of LT III tariff, most of the Cellular Mobile Tower operators filed Writ Petitions before the Hon’ble High Court. In the meantime, the Hon’ble Kerala State Electricity Regulatory Commission in an order dated 07-01-2010 in TP No. 67/2009 has decided the tariff applicable to Cellular Mobile Towers shall be under LT VII A, even if the connections to the premises were effected on temporary basis due to lack of required clearances. The licensee implemented the orders of Commission and directed to revise the bills issued to Cellular Towers under LT III tariff to LT VII A tariff with effect from 07-01-2010. But the Hon’ble High Court of Kerala in W.P. (C) No. 34101/2010, directed KSEB Limited to make revision of tariff to the Mobile Towers with effect from 24-10-2002 onwards. The appellant was given a short assessment bill amounting to Rs. 7,35,706.00 dated 08-01-2010 towards the difference in LT III and LT VII A tariff for the period from 06/2005 to 7/2009. Against the short assessment bill the appellant approached the Honourable High Court of Kerala and filed a Writ Petition No. 5229 of 2010. The Honourable High Court of Kerala vide its Judgment dated 20-05-2015 directed the appellant to submit detailed objection to the invoices impugned and such objection if filed within one month shall be dealt within 2 months thereafter. Accordingly the Assistant Engineer revised the short assessment bill to Rs. 2,25,668.00 by applying LT III Tariff up to 01-12-2007. Aggrieved by order of the Assistant Engineer the appellant had filed a petition before the Honourable CGRF, Central Region, Ernakulam which was dismissed stating that, since the case is considered by the Honourable High Court, the Forum has no jurisdiction over the issue. Aggrieved against this decision, the appellant has submitted this appeal petition before this Authority. In view of the above findings, the respondent is hereby directed to fix the tariff of the appellant under LT VII A with effect from 24-10-2002 onwards or the actual date on which the service connection effected to the appellant after 24-10-2002 as ordered by the Board dated 28-04-14 and 16-04-2016 and as per the common award passed by the Lok Adalath. Having concluded and decided as above, it is ordered accordingly. The appeal petition No. P/059/2016, filed by the appellant is disposed of as above. The order of CGRF-CR/Comp/30/2016-17/232 dated 17-08-2016 is set aside. No order as to costs.
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