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Orders of Kerala Electricity Ombudsman  in pdf format
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P/29/2016 The Secretary, Rama Varma Union Clu, Kottayam

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The appellant, the Secretary of Rama Varma Union Club of Kottayam is a consumer having 3 service connections (3 phase) with the following consumer numbers, tariff and connected load under Electrical Section, Kottayam. 1. Consumer No. 10545 LT VII A 28.70 kW 2. Consumer No. 11437 LT VII A 10.06 kW 3. Consumer No. 11438 LT VII C 21.56 kW On 05-10-2015, APTS team inspected the premises and detected that the service connection with consumer No. 11438 issued under VII C tariff is being used for commercial purposes (VII A). Based on the above findings the Assistant Engineer, Electrical Section, Kottayam Central issued a short assessment bill dated 09-10-2015 for Rs. 96,968.00 alleging misuse of tariff. Aggrieved against this, the appellant filed a complaint before the CGRF, Kottarakkara. The Forum dismissed the petition vide order No. 1644/2015 dated 31-03-2016 upholding the issue of short assessment bill dated 9-10-2015 amounting to Rs. 96,968.00 for a period of one year as per Regulation 152 (3) of Electricity Supply Code 2014 is legal and sustainable. Against the decisions of the CGRF, the appellant has approached this Authority with this appeal petition. In view of the above discussions it is concluded that the appellant is hereby directed to avail single point supply as per Regulation 52 of the Supply Code, 2014 and the respondent shall take immediate action on the application made by the appellant in this regard. The respondent is also directed to issue bill for Rs. 96,968.00 to the appellant and 30 days shall be given for making the payment. Installment facilities, if any, requested by the appellant shall be given as per Regulation 135 of Supply Code, 2014. The appeal is disposed of accordingly. The order of CGRF in OP No. 1644/2015 is modified to the extent as ordered above. No order as to costs.
P/031/2016 Sri T.S. Murali Kottayam

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The appellant, Sri T.S. Murali had submitted an application to the Assistant Engineer, Electrical Section, Chempu and also to the Chief Minister of Kerala for shifting the single phase line passing through the middle of his property so as to construct a new building. The Assistant Engineer inspected the site and found that shifting of line from the appellant’s property is not technically feasible and hence proposed to be shifted through the nearby private road. According to the respondent, since the road is owned by 10 individuals, consent from all of them is required. As the appellant is not in a position to obtain consent from the property owners he approached the CGRF, Kottarakkara with a complaint. The CGRF disposed of the petition directing the respondent to shift the overhead line through the feasible private road, on production of the consent from the owners of the private road. Also it is directed the appellant to remit the labour charges for the shifting work as estimated by the respondent. Not satisfied with the above decision of the CGRF, the appellant submitted this appeal petition before this Authority. In view of the discussions it is proved that the beneficiary, Sri Noushad had a right to draw the line to his residence through an alternate route which is owned by himself and 8 others. Hence the request of the appellant is to shift the overhead line drawn through his property, for giving connection to Sri Noushad can be entertained by the respondent if it is found feasible. In the above circumstances, the respondent is directed to issue notice to Sri Noushad and take necessary steps for shifting the overhead line from the appellant’s property observing Regulation 95 of Supply Code, 2014 and provisions of Indian Telegraph Act, 1885. The appeal is disposed of accordingly. The order of CGRF in OP No. 24/2016 dated 13-04-2016 is modified to the extent as ordered above. No order as to costs.
P/028/2016 Sri. P. Vasu Palakkad

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The appellant, Sri P. Vasu, is a consumer with consumer number 9208 under Electrical Section, Ottappalam. During 1988 the appellant availed the service connection with a connected load of 3 kW under LT VII A tariff. As the appellant defaulted payment of Rs. 318.00 (Bill No. 0310446 dated 13-03-2001), his service was disconnected on 30-06-2001. Even though the appellant remitted the bill amount along with interest and other expenses amounting to Rs. 343.00 on 02-07-2001, the service connection was not restored. On enquiry, it was informed that an arrear amount of Rs. 3,308.00 was pending towards the adjustment invoice issued for the period from 9/1998 to 5/2000. It is alleged that only after remitting the adjustment invoice amounting to Rs. 3,308.00 the appellant is entitled to get the service reconnected. Aggrieved against this, the appellant approached various courts for the redressal of his grievances, but failed. The appellant was issued another demand notice dated 29-09-2014 for Rs.24771/- comprising fixed charges, meter rent for the disconnected period from 30-6-2001 to 30-9-2014 by the respondent. Against the judgements and decrees in OS No. 346/2001 Munsiff Court, Ottappalam dated 12-08-2005, AS No. 125/2005 of Sub Court Ottappalam dated 28-08-2011, OS No. 444/2004 of Munsiff Court, Ottappalam dated 30-06-2009, AS No. 36/2009 of Sub Court, Ottappalam dated 26-02-2014; the appellant filed regular second appeals before the Hon’ble High Court of Kerala vide RSA No. 412/2012 and RSA No. 973/2014 respectively. The Hon’ble High Court disposed of the cases vide judgement dated 05-11-2014 directing the appellant to invoke Regulation 37 of the KSEB Terms and Conditions of Supply, 2005. Such motion shall be made by the appellant on or before 30-11-2014 and directed the respondent Board to reconnect the supply after carrying out the statutory formalities and such reconnection shall be done immediately on depositing one third of the demanded amount as per bill dated 29-09-2014. The recovery of balance amount depends upon the outcome of the motion made under Regulation 37 referred to above. The appellant remitted an amount Rs. 11,565.00 including arrear amount of Rs.3308/- vide receipt No. 65330141126102133 dated 26-11-2014 as per the order of the Hon’ble High Court and the service got reconnected. Accordingly, the Executive Engineer, Electrical Division, Shornur after conducting a personal hearing, disposed of the petition vide order dated 30-05-2015 by holding that the adjustment invoice issued to the appellant for Rs. 3,308.00 is in order and reassessed the arrear electricity charges for the period from 30-6-2001 to 30-12-2001 as Rs.1932/- and charges for new connection as Rs.5200/- in addition to the arrear amount of Rs. 3,308.00. It was also directed to adjust the balance amount of Rs.1,125/- (11565-10440{3308+1932+5200}) in the future electricity bills. Still aggrieved, the appellant preferred a complaint before the Hon'ble Consumer Grievance Redressal Forum, Kozhikode vide OP No. 42/2015-16 and the same was dismissed on 09-03-2016. Against the order of CGRF, the appellant has filed this appeal petition before this Authority. So, in view of the above findings, the appeal petition is disposed of directing the respondent to refund the excess amount remitted by the appellant (Rs. 8,237.00 – Rs. 7,132.00 = Rs. 1,105.00) against his future bills. The order of CGRF in OP No. 42/2015-16 dated 09-03-2016 is upheld. No order as to costs.
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