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| Category: Orders | ||
 Orders |
Files: 1327 | |
| Orders of Kerala Electricity Ombudsman in pdf format |
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Files:
 P/002/2016 Sri. C.V. Rangarajan Palakkad 
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| The appellant runs a company named 'Sapthagiri Refineries' under Electrical Section, Kozhinjampara, having an LT Three Phase connection with Consumer No. 12380 under LT IV A tariff. Consequent to an inspection conducted by the APTS team in the premises of the appellant on 10-09-2015 found that the appellant’s unit is carrying out filtering and packing and associated activities using extracted oil brought from outside. As per the tariff order the units carrying out filtering and packing and other associated activities using extracted oil brought from outside are classified under LT VII A tariff. Based on the above findings tariff of the appellant was changed from LT IV A to LT VII A and issued a short assessment bill for an amount of Rs.7,27,836.00. Aggrieved against this, the appellant approached the Consumer Grievance Redressal Forum (Northern Region), Kozhikode by filing a complaint No. 77/2015-16 which was dismissed vide order dated 07-12-2015. Not satisfied with the above decisions of CGRF the appellant approached this Authority with this appeal petition. If a portion of manufacturing process is involved in a unit, such units cannot be treated as a commercial one. Hence there is no justification in reassigning the tariff of the appellant to commercial on the arguments that tariff order says that units carrying out filtering and packing and other associated activities using extracted oil brought from outside are included in commercial tariff. The respondent is directed to reassign the tariff to industrial and short assessment bill issued for Rs. 7,27,836.00 is quashed. Appeal petition is admitted and order of CGRF is set aside. No order as to costs. |
| P/005/2016 Smt. C.P Maggie, Thiruvananthapuram
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| The appellant is a consumer having consumer nos. 11481 and 4758 with connected load of 5 kW and 39.76 kW respectively under the Electrical Section, Cantonment, Thiruvananthapuram. The appellant applied for an additional load of 70 kW after completing the construction of the building, but the respondent objected the enhancement of connected load and directed the appellant to comply with the formalities of High Rise building including erection of a new transformer for the enhancement of the connected load. The contention of the appellant is that the building is only a multi-storeyed one and not coming under the category of High rise buildings. On the other hand, the respondent’s contention is that as per the approved plan there is a terrace floor which is situated below the lift machine room and above the fourth floor. The terrace floor heights to 2.57 metre is a dwelling area which can be used for other functions and hence the total height of the building is 18.65 metre which comes under high rise building category and LT supply to high rise building can be issued only after satisfying the conditions as envisaged under relevant Regulations in the Supply Code, 2014. Aggrieved against the stand of respondent, the appellant approached CGRF (South), Kottarakkara and filed OP No. 1577/2015. The Forum disposed of the petition on 18-01-2016 by upholding the decision of the respondent that the building having height of more than 16 metre and the appellant is bound to comply the formalities of high rise building for availing enhancement of connected load. Not satisfied with the above decision, the appellant filed this appeal before this Authority. As per Rule 32 of the Kerala Municipality Building Rules similar roof structures other than pent houses shall not be included for the purpose of considering the height of the building. Since the terrace building is not having a pent house the appellant’s argument that this area can be used as a dwelling place in future cannot be justified. Hence the respondent is directed to issue feasibility for enhancing the connected load of 70 kW without insisting the formalities of High Rise building category. Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is admitted. The order dated 18-01-2016 of CGRF in OP No. 1577/2015 is set aside. No order as to costs. |
| P/177/2015 The Secretary, Ice Sellers Sannadha Sangam, Kollam
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| The appellant is running an ice production unit in the name and style "Ice Sellers Sannadha Sangam" and is an industrial consumer (LT IV A tariff) having a three phase connection with consumer no. 1145717014951 under Electrical Section, Chavara. On 23-02-2015 APTS team Thiruvalla inspected the premises of the appellant along with Sub Engineer, Electrical Section, Chavara who prepared a mahazar stating that 3rd phase of the meter is not recording the actual consumption due to the defect in the CT meter connection and also detected that the meter is recording only 2/3rd of the total consumption. Hence a short assessment bill dated 21-05-2015 for Rs. 9,73,097.00 (Nine Lakhs seventy three thousand and ninety seven only) for the period from 3/2014 to 2/2015 was served on the appellant on 25-05-2015. Aggrieved against this, the appellant approached the Consumer Grievance Redressal Forum (South), Kottarakkara by filing a complaint No. 1530/2015 which was dismissed vide order dated 07-11-2015. Still aggrieved with the above decisions of CGRF the appellant has approached this Authority with this appeal petition. In view of the above discussions it can be concluded that the short assessment issued for a period of one year from 03/2014 to 02/2015 is without any valid grounds and hence decided to quash the same. The respondent is directed to revise the assessment based on the average consumption for the 3 billing cycles after the rectification of defects in the CT connections for a maximum period of 2 billing cycles as per Regulation 125 of Supply Code, 2014. Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is admitted. CGRF order in OP No. 1530/2015 dated 07-11-2015 is set aside. No order as to costs. |