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| Category: Orders | ||
 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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Files:
 P/164/2015 Johnson C. O. Kollam 
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| The Appellant is a consumer having consumer No. 11600 of Electrical Section, Thankassery, under LT I A domestic tariff. The registered connected load of the appellant is 10 kW. On 13-01-2014, the officials of Electrical section, Thankassery conducted a surprise inspection in the premises and detected that the appellant has been using the residential building with consumer No. 11660 as an establishment for accommodating tourists under the name "M/s Global Backwaters Resorts" with connected load of 19 kW. Hence a penal bill for an amount of Rs. 78,865.00 was issued to the consumer on 03-01-2014 under Section 126 of Electricity Act, 2003, after changing the tariff to LT VII A and later issued the final bill for Rs. 68,065.00. The appellant remitted 50% of the assessed amount and filed appeal before the Appellate Authority as per Section 127. Meanwhile, the appellant filed a petition before the CGRF vide OP No: 1527/2015 which was held that "Since the case is pending before the Appellate Authority and the Appellate Authority heard the matter but not yet released the order, the Forum does not want to interfere the case at this stage". Considering the above facts, the Forum dismissed the case. Not satisfied with the above order of the Forum, the appellant filed this appeal before this Authority. The scheme of serviced villa is different from home stay as the property owner need not have to stay in the premises. In the home stay the owner or their relatives should stay in the premises along with tourists. Since the appellant has got approval from Department of Tourism as serviced villa instead of home stay, he is not eligible for domestic tariff. The order of CGRF is upheld and appeal is disposed of accordingly. No order as to costs. |
| P/176/2015 Sri P.J. John Edappally, Kochi-24.
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| The appellant in this petition had applied for power allocation of 109.5 kW and the respondent directed to remit and amount of Rs. 10,000.00 as cash deposit for issuing power allocation. The appellant had remitted Rs.10,000.00 on 26-10-2007. Further, the respondent prepared an estimate amounting to Rs. 1,67,447.00 for carrying out the work required for giving supply to the appellant. The appellant remitted the estimated amount of Rs. 1,67,447.00 on 14-12-2007. It is alleged that as the appellant failed to avail the supply after a lapse of 90 days from the date of receipt of notice issued by the respondent, demand for an amount of Rs. 11,97,700.00 was issued to the appellant towards the Unconnected Minimum Charges. Being aggrieved by the above demand, the appellant approached the CGRF, Ernakulam by filing petition on 02-07-2015 with a request to waive the Unconnected Minimum Charges. The CGRF disposed the petition vide Order No. CGRF-CR/Comp/42/2015-16/400 dated 29-10-2015 directing the respondent to revise the demand notice for a period 10-04-2013 to 31-03-2014. The supply shall be effected within 15 days from the date of remittance of the Unconnected Minimum Charges by the appellant. Still not satisfied with the decision, the appellant has submitted this appeal petition with a plea to set aside the decision of the CGRF to collect Unconnected Minimum Charges from the appellant for a period 10-04-2013 to 31-03-2014. The respondent failed to prove that any capacity idling or any electrical plant erected exclusively for the use of appellant consequent to the issue of power allocation. In this background, there is no justification for issuing UCM charges for an amount of Rs. 11,97,000.00 and hence quashed. The respondent is also directed to provide HT connection to the appellant within a period of 30 days and to allow the interest admissible for the amount of Rs. 1,67,447 with effect from January 2015. Appeal is found having some merit and is admitted. The CGRF order in OP No. 42/2015-16 dated 29-10-2015 is set aside. No order as to costs. |
| P/169/2015 Sr. Alice Pendanathu, Mundakkayam.
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| The service connection with consumer No.18778 is effected in favour of M/s Karuna Bhavan Medical Centre, Koruthodu P.O under Electrical Section Mundakkayam and the tariff is LT VI F. The connected load of the premises is 20000 Watts. The appellant had submitted an application for tariff change from LT VI F to LT VI A which was not allowed by the Assistant Engineer, Electrical Section, Mundakkayam for the reasons that the appellant had not submitted required documents. Aggrieved against this the appellant approached with a petition before CGRF (South), Kottarakkara. The petition was disposed of by the CGRF vide order in OP No.1509/2015 dated 19-9-2015 with a direction to the respondent to change the tariff from LT VI F to LT VI A when the appellant produces the certificate under Section 80 G from the Income Tax Department. Not satisfied with the above order, the appellant has filed this appeal petition before this Authority. Since the appellant failed to produce documents to show that one time approval under Section 80 G (5) (vi) of Income Tax Act, 1961, the request for tariff change cannot be admitted. However, the appellant is free to approach the respondent for reclassification of tariff as per Regulation 98 of Kerala Supply Code, 2014 with relevant approval under Section 80 G (5) (vi) of Income Tax Act, 1961. Order of CGRF In OP No. 1509/2015 is upheld. The appeal is disposed accordingly. No order as to costs. |