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| Category: Orders | ||
 Orders |
Files: 1327 | |
| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/162/2015 Sri Haneefa, Pathanamthitta 
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| The appellant, Sri Haneefa, is a consumer with consumer No. 12243 under Electrical Section, Vaipur, and is running a vehicle service station. The service connection was effected on 12-04-2011 under LT IV A tariff. The Regional Audit office, Pathanamthitta during their audit conducted at Electrical Section, Vaipur in October 2013, had noticed that the connection given to the appellant’s service station was classified under LT IV A tariff instead of LT VII A tariff. As per the above audit report, the respondent changed the tariff of the appellant and a short assessment bill was issued to him, directing to remit an amount of Rs. 39,107.00 being the difference in the tariff (industrial and commercial) from 12-04-2011 onwards. The appellant filed objections against the bill before the various authorities in the Board. As the reply was not satisfactory the appellant approached the Hon’ble High Court with WP (C) 1889/14 which was disposed with a direction to the Executive Engineer, Electrical Division, Thiruvalla to consider the request of appellant and pass appropriate orders. The Executive Engineer conducted a hearing on 19-12-2014 as per the direction of Hon’ble High Court and disposed the petition without allowing any relief. Hence the appellant lodged complaint before the CGRF, Kottarakkara, on 05-02-2015. The CGRF, after hearing the case dismissed the petition on the ground that the petition had already been decided and disposed by the Hon’ble High Court in WP (C) 1889/2014 vide judgment dated 20-01-2014, directed the Executive Engineer, Electrical Division, Thiruvalla for taking decision. The Executive Engineer disposed the petition by confirming the bill already issued by the respondent. So the appellant approached CGRF against the decision of Executive Engineer in OP No. 1426/2015 which was disposed with a direction to revise the impugned bill for 24 months, vide order dated 13-7-2015. Still not satisfied with the decision of CGRF, the appellant has filed the Appeal petition before this Authority on 05-10-2015. Since the CGRF has already decided the case in favour of the appellant, this Authority finds no scope for further intervention in the matter. Hence it is decided to quash the short assessment bill issued for Rs. 39,107.00. The respondent is directed to revise the bill limiting the period as 24 months and the revised assessment shall be served within a period of 30 days from the date of receipt of this order. Appeal is hereby dismissed. CGRF order in OP No. 1426/2015 dated 13-07-2015 is hereby confirmed. No order as to costs. |
| P/168/2015 Sri Mohanan O, Kannur.
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| The appellant in this petition had applied for power allocation to the tune of 400 kVA at 11 KV to start a multi-storied shopping complex, G-Sons Wedding Centre, South Bazaar, Kannur and remitted Rs. 3,26,000.00 towards OYEC charges on 10-01-2013 as directed by the Assistant Engineer, Electrical Section, Kannur. It is stated that KSEB had completed the line work on 21-08-2013 and issued notice for availing power on 24-08-2013. But it is reported that the appellant submitted application for H.T. service connection to the Assistant Engineer, Electrical Section, Kannur on 30-6-2015. Hence the respondent demanded Unconnected Minimum Charges (UCM) amounting to Rs. 32,00,000.00 for the delay in availing the connection. Being aggrieved by the said demand, the appellant approached the CGRF, Kozhikode by filing petition on 09-07-2015 with request to waive the UCM charges. The CGRF had taken the following decisions on this. 1) The demand issued by the respondent for unconnected minimum charges is as per rule and holds good. 2) The period of unconnected minimum charges shall be revised to completed months (19 months). 3) The demand notice shall be revised accordingly. 4) The petitioner shall be allowed a maximum of six instalments upon request. Aggrieved against the order of CGRF, the appellant has submitted this appeal petition with a plea to set aside the direction to the respondent to collect unconnected minimum charges from the appellant. In view of the above discussions and findings it is concluded that the respondent failed to prove that any capacity idling on 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. 32,00,000.00 hence quashed. Appeal is found having some merits and is admitted. CGRF order in OP No. 41/2015-16 dated 17-09-2015 is set aside. No order as to costs. |
| P/166/2015 Sri Nassar. P., Kannur.
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| The appellant had availed a temporary service connection No: 26490 on 29-12-2010 with a connected load of 1200 watts under VII A tariff for construction purpose. It was revealed in the inspection conducted by the APTS team on 6-1-2015 that the appellant had indulged in unauthorized extension of supply from the above connection for construction of four houses and also detected unauthorized additional load to the tune of 8 kW against the sanctioned connected load of 1200 Watts. Accordingly the appellant was issued with a penal bill for Rs.4,27,050.00 as final bill under Section 126 of Electricity Act, 2003. Aggrieved against this, a complaint was filed before the CGRF, Kozhikode. As the assessment was made under Section 126 of Electricity Act and Forum does not have any jurisdiction on such assessment and the case is not legally maintainable, Forum dismissed the complaint vide order in OP No. 121/2014-15 dated 30-09-2015. Against the above order, the appellant has filed the appeal petition before this Authority. In view of the discussions, the penal bill issued for Rs. 4,27,050.00 for unauthorized extension of supply under Section 126 of Electricity Act, 2003 cannot be justified on the above reasons and Regulation mentioned herein, hence decided to quash the bill. Appellant is directed to take necessary action to regularize the additional load if desires so. The respondent shall continue single point supply till the completion of construction after ensuring safety methods. The petition having found some merits and is admitted. CGRF order in OP No. 121/2014-15 dated 30-09-2015 is set aside. No order as to costs. |