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 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/15/2016 Rev. Sr. Saly Thomas, Pala 
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| The service connection with Consumer No. 2790 stands registered in the name of the Mother Superior issued for conducting women's hostel under Electrical Section, Pala. The tariff assigned to the service connection was under LT VI B with a connected load of 19000 Watts. While so, the premise was inspected by the KSEB officials on 05-08-2015 and found that the premises was accommodated with a large number of students of a private entrance coaching institution (Brilliant) in addition to the regular students of Alphonsa College and St. Thomas College, Pala. Alleging misuse of tariff in the appellant’s premises, a provisional assessment was made amounting to Rs. 2,65,029.00 under LT VII A ‐ commercial tariff, as per section 126 of Electricity Act, 2003. Aggrieved against the above bill, the appellant filed an objection before the Assistant Engineer who confirmed the provisional bill and issued a final bill. Consequently the appellant filed a complaint before the CGRF which was disposed of with a direction to change the tariff to VII A and issue short assessment bill by arriving at the difference in tariff between VII A & VI B for the period of one year, vide order OP No. 1571/2015 dated 22-01-2016. Not satisfied with the above decision of CGRF, the appellant has submitted the appeal petition before this Authority. In view of the above discussions the short assessment bill issued for Rs. 2,65,029.00 is hereby quashed. The respondent is directed to revise the assessment by calculating the difference amount in LT VII A and VI B tariff for a period of 1 year under normal rate. This shall be done at any rate within 15 days from the date of receipt of this order. It is also directed that the respondent may conduct a proper inspection in the appellant’s premises and verify whether the appellant is admitting students other than those of Alphona College and St. Thomas College and in case the appellant is functioning the hostel in accordance with the tariff norms applicable under LT VI B, it is open to the respondent to allow to continue the appellant under LT VI B tariff. Having concluded and decided as above the appeal is disposed of accordingly. The order of CGRF in OP No. 1571/2015 dated 22-01-2016 is upheld. No order as to costs. |
| P/016/2016 Sri. Pramod C.K . Neriyamangalam.
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| The appellant is a consumer with consumer No: 1156018003432 under the jurisdiction of Electrical Section, No. II, Kothamangalam. This service connection was effected under LT IV tariff exclusively for industrial purpose with a connected load of 19 kW. The appellant is conducting an oil mill engaged in extraction of oil from Copra and Gingili. On 02-05-2014, APTS, Vazhathoppu conducted an inspection in the appellant’s premises and found that no industrial activities except filtering and packing of oil brought from outside were carried out in the unit. Alleging that there is misuse of tariff, the Anti Power Theft Squad, Vazhathoppu prepared a mahazar. Based on the above findings, the Assistant Engineer, Electrical Section, No. II, K.S.E.B. Kothamangalam issued a provisional bill for an amount Rs. 59,861.00 towards the charge under differential tariff between commercial and industrial. Against the short assessment, the appellant submitted his objection only after the issuance of final bill for an amount Rs. 59,861.00. Since the respondent failed to take any action on this objection the appellant challenged the penal bill before the Hon’ble High Court of Kerala in W.P. (C) No: 14873 of 2014. The Hon’ble High Court disposed the Writ Petition vide its judgment dated 18-06-2014 by directing the respondent to consider the objection of the appellant and pass final orders in the matter after affording an opportunity of personal hearing to the appellant. Pursuant to the directions contained in the judgment, though the Assessing Officer conducted a personal hearing on 29-11-2014 he issued final order without any change in the assessment only on 26-10-2015 directing the appellant to remit the entire amount of Rs. 59,861.00. So the appellant submitted a complaint before the Hon’ble CGRF Ernakulam which was dismissed on the grounds that the disputed bill is issued as per Section 126 of the Electricity Act and the Forum has no jurisdiction in the matter, vide order No. CGRF-CR/Comp./103/2015-16 dated 16-02-2016. Aggrieved against the decision of the CGRF, the appellant submitted this appeal petition dated 02-03-2016 before this Authority. In the above circumstances I am directing the Assistant Engineer, Electrical Section No II, Kothamangalam, to reassess the appellant for the amount of electricity charges short collected by the licensee, if any, under normal tariff in LT VII A for a period of 12 months as per Regulation 152 of Supply Code, 2014. This shall be done at any rate within 15 days from the date of receipt of this order. In view of the above direction the final bill dated 26-10-2015 issued for Rs. 59,861.00 is hereby quashed. The respondent is also directed to regularize the service connection of the appellant if he desires so. Having concluded and decided as above it is ordered accordingly. The appeal is found having some merits and is allowed. The CGRF order in petition No CGRF-CR/Comp./103/2015-16/618 dated 16-02-2016 is set aside. There is no order as to costs. |
| P/017/2016 Sri. Reghupathy Karavaloor.
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| The appellant, Sri Reghupathy is a consumer having consumer No: 1145937018753 under the jurisdiction of Electrical Section, Punalur. This service connection was effected exclusively for industrial purpose (with LT IV tariff) with a connected load of 44544 Watts and Contract Demand of 25 kVA. On 16-10-2015, APTS Kottayam conducted an inspection in the premises of the appellant and found that the supply was being used for filtering and packing and other associated activities using oil brought from outside. Based on the above findings the Assistant Engineer, Electrical Section, Punalur issued a short assessment bill for an amount of Rs.78,884.00, as per Regulation 152 of Kerala Electricity Supply Code, 2014 towards the undercharged amount i.e. the difference in amount between the commercial and industrial tariff. Aggrieved against this, the appellant submitted a complaint before the Honourable CGRF, Kottarakkara and the Forum quashed the bill and directed to revise the assessment for 12 months prior to the date of inspection vide order in OP No. 1628/2015 dated 08-02-2016. Accordingly a revised bill for Rs. 23,870.00 was prepared and issued to the appellant. Still aggrieved against the decision of the CGRF, the appellant submitted this appeal petition on 23-03-2016 before this Authority. In view of the factual position I don’t find any reason to interfere with the findings and decision taken by the CGRF in this case. The respondent is directed to issue revised assessment under LT VII A tariff, for a period for twelve months prior to the date of inspection in the premises. The appeal is found devoid of any merits and hence dismissed. The order of CGRF in OP No. 1628/2015 dated 08-02-2016 is upheld. No order as to costs. |