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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/038/2016 Smt. Usha C., Thiruvananthapuram.

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The grievance of the appellant is against the shifting of an electric post LT pole no. AG 17/1 situated in her property by the respondent after encroaching about 2 meters and has drawn electric line through her property without any consent. She alleges that her neighbour’s ill motive is behind this action. She also states that the electric post was shifted through her property without her consent and knowledge which has caused damage to her property and due to this encroachment she has suffered a lot. Aggrieved by this, the appellant filed a petition before the CGRF, Kottarakkara, which was dismissed vide order No. OP/1653/ 2015 dated 20-04-2016. Not satisfied with the order of the Forum, the appellant approached this Authority with this appeal. So, in view of the discussions it is concluded that the respondent’s action to shift the electric post in question from its original position is found highly arbitrary and against rules of natural justice and hence cannot be justified. Therefore, the respondent is directed to replace the LT post to its original location at any rate within a period of 15 days from the date of receipt of this order. The order of CGRF in OP No.1653/2015 dated 20-04-2016 is hereby quashed. No order as to costs.
P/35/2016 The Secretary, Vilakkudy Grama Panchayath, Kollam

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The appellant is a consumer with consumer No. 1878 under Electrical Section, Vilakkudy and having a connected load of 660 Watts. The Regional Audit Officer, Kottarakkara had conducted an inspection in the appellant’s premises on 06-06-2013 and detected unauthorized additional load and unauthorized extension of electric supply to the veterinary hospital situated in the nearby building. Consequent to the inspection a provisional penal bill of Rs. 1,03,995.00 was issued to the appellant under Section 126 of Electricity Act, 2003. Being aggrieved, the appellant filed a petition before the CGRF, Kottarakkara, and the Forum dismissed the petition due to lack of jurisdiction, vide order in OP No. 21/2016 dated 21-04-2016. Still aggrieved by the said order, the appellant has filed the appeal petition, before this Authority. In view of the above discussion it is concluded that the respondent shall allow 10 installments and the appellant is directed to remit the amount accordingly. The appeal is disposed of accordingly. The order of CGRF in OP No. 21/2016 dated 21-04-2016 is upheld. No order as to costs.
REVIEW PETITION No. P/026/2016 The Assistant Executive Engineer, Punalur.

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The review petitioner, the Assistant Executive Engineer, KSE Board Ltd, Electrical Sub Division, Punalur has filed this review petition against the orders issued by this Authority in appeal petition No. P/026/2016 dated 20-07-2016. The grievance of the appellant in the above appeal petition is that the licensee has erected an electric post in his property without his consent and hence he approached the licensee for shifting the same. But the licensee directed the appellant to remit an amount of Rs. 6,766.00 towards the labour charges for shifting the electric post. Instead of remitting the amount the appellant approached CGRF, (Kottarakkara) with a complaint and the Forum disposed of the petition vide order in OP No. 1657/2015 dated 11-03-2016. Aggrieved against the order of CGRF, the review respondent has submitted an appeal petition before this Authority which is serially numbered as P/026/2016. The appeal petition was disposed of having allowed the plea of the appellant to the extent as it was ordered. Now the review petitioner has submitted that a factual error occurred in the order No. P/026/2016 dated 20-07-2016 issued by this Authority and therefore requested to review the order and to dismiss the said appeal petition. This Authority has analyzed all the facts and circumstances of the case before taking the decision and held to shift the electric post erected without the consent of the review respondent. Also it is directed the review petitioner to shift the line drawn without maintaining statutory clearances with due consideration of safety aspects. The review petitioner had not raised any of these points or aspects which are not brought to the notice of this Authority before arriving at the decisions sought to be reviewed. The review jurisdiction is limited to rectify a mistake or error which is apparent on the face of records and it cannot be used appellate jurisdiction. The arguments now raised cannot be considered for a review as it was considered, decided and order issued accordingly. Hence there is no cause of sufficient reason established by the review petitioner for a review of the order already issued. In view of the above discussions I hold that the review petition is not maintainable and hence rejected.
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