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Orders of Kerala Electricity Ombudsman  in pdf format
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Review Petition P/426/2013 - The Assistant Executive Engineer, Electrical Sub Division,KSEBoard Ltd, Velloorkunnam, Muva

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The review respondent herein had approached this Authority by filing appeal petition dated 5-11-2013 against the order passed by the CGRF (Central) in complaint No. CGRF-CR/Comp.133/13-14 dated 28-10-2013. The assessment made in the case is without observing procedures to be followed during inspection, provisional assessment on detection of UAL/unauthorized extension etc as per guidelines issued by the Board vide order No. 2518/2013 dated 28-11-2013. The mahazar which is the crucial document is not seen produced by the respondent, even though it is claimed that it is prepared at the time of inspection. Hence this Authority has decided that the assessment is not sustainable before law and the appeal allowed. Now the review appellant contends that if the above dictum is applied, considerable injury will be resulted to review appellant i.e. the Licensee. Hence filed this review petition, with a plea to review the decision on the appeal. No valid grounds may not made by the Review Appellant hence dismissed.
P/087/2014 - C.Y. Meeran, Rayon Puram, Perumbavoor

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The appellant, Sri C.Y. Meeran is the Managing Partner of M/s Travancore Bio- Fuels with consumer No. 13540 (old No. 5494) under Electrical Section, Perumbavoor. The appellant states that he has been running the above industry in manufacturing bio fuels since 1997. He was granted 99 hp power allocation in respect of the unit and the subsequently submitted an application to enhance the same to 170 hp. He purchased and erected machineries and completed the statutory formalities for regularising the additional loads. While so he was served with a short assessment bill for Rs. 4,74,509.00 for a period from 11/1999 to 02/2001 on account of wrong application of multiplication factor 40 instead of 20. Against the short assessment bill the appellant filed OP No. 14127/2001 (D) before the Hon’ble High Court of Kerala and the Hon’ble High Court vide judgment dated: 18-02-2014 directed the appellant to submit a detailed representation raising all his grievances before the Executive Engineer, Electrical Division, Perumbavoor. Accordingly the appellant filed a petition dated: 13-03-2014 before the Executive Engineer which was disposed of without allowing any relief. Subsequently the Assistant Engineer, Electrical Section, Perumbavoor issued a revised bill for Rs. 31,07,106.00 including surcharge on 04-07-2014 based on the proceedings of Executive Engineer, Electrical Division, Perumbavoor. Aggrieved against this bill, the appellant approached CGRF, Central Region, Ernakulam on 02-08-2014 requesting for cancellation of said impugned bill. But the Forum observed that Executive Engineer has decided the matter as per the direction of Hon’ble High Court. As such the Forum has no jurisdiction in this 2 matter and hence dismissed the petition. Aggrieved against this, the appellant filed this petition before this Authority. Order of CGRF is set aside. Appeal is allowed.
P/082/2015 - M/s Vivanta by Taj Malabar Oriental Hotels, W/Island,

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The appellant is an Association of Classified Hotels and Restaurants within the state of Kerala. The KSERC had issued tariff order dated: 25-07-2012 vide OP No. 23 of 2012, whereby it had revised the retail tariff of all consumers in the State. The Association had filed Appeal No. 10 of 2013 before the Hon’ble Appellate Tribunal for Electricity challenging the tariff order dated: 25-07-2012 in the matter of fixation of tariff as regards HT IV commercial category and particularly in respect of the members of the Association aforesaid. By judgment dated: 25-10-2013 in the aforesaid appeal, the Hon’ble APTEL set aside the tariff as determined by the KSERC for HT IV commercial category and declared that they should be charged at Rs. 400.00 per kVA per month and energy charges at Rs. 5.50 per kWh for all units consumed. Further there is a direction to refund the excess charge from all consumers of HT IV commercial category in their bills from the month of November 2013 to April 2014 in equal installments. The aforesaid order was confirmed by the Hon’ble Supreme Court in Civil Appeal No. 84 of 2014 except for modifying the dates of refund. The Cochin Port Trust, the Licensee is liable to charge the appellant at the rate fixed in OP No. 23 of 2012 in terms of the direction in paragraph 166 (b) wherein it has been ordered that the tariff approved in OP No. 23 of 2012 shall be applicable to the consumers of all other licensees in the state from 01-07-2012 till 31-03-2013 and that the existing categorization / classification of tariffs for consumers of the licensees shall be realigned accordingly. But the licensee has taken a stand that since Cochin Port Trust, the respondent is not a party to the proceedings before the APTEL, the judgment of the Appellate Tribunal is not binding on them. Against the stand so taken by the Cochin Port Trust the appellant filed a complaint before the CGRF of the Licensee. But the Forum rejected the petition as devoid of merits. Hence the appellant filed this appeal before this Authority. CGRF order is set aside. The respondent is directed to refund the excess amount collected.
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