KERALA ELECTRICITY OMBUDSMAN
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 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/105/2019 - Sri. Thomas Chacko, Pathanamthitta 
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| The 3 phase service connection bearing Consumer No.20142, effected from Electrical Section, Mallappally under LT IV A (Industrial Tariff). having a contracted Load of 70050 Watts belongs to appellant Sri. Thomas Chacko, M/s Thomson Plastics, located in KINFRA Park at Kunnamthanam. The energy meter of the appellant was faulty from 11/2017 and the faulty meter replaced on 04-09-2018. During the faulty period, the appellant was billed based on previous average consumption of 4825 units. Thereafter the respondent has revised the bills from 11/2017 to 08/2018 considering the consumption as zero units and only monthly fixed charges was calculated as demand for the period and also accounted the already remitted monthly electricity charges of the faulty period as advance. Accordingly, the appellant has not remitted the monthly current charges from 10/2018 to 05/2019. On detecting this mistake, a short assessment bill amounting to Rs.1,96,665 was issued to the appellant on 19-06-2019. Against the short assessment bill, the appellant had approached the CGRF, Kottarakkara by filing a petition No. OP No. 107/2019. The Forum dismissed the petition vide order dated 22-11-2019 and allowed 12 monthly instalments to remit the amount. Aggrieved against this, the appellant has submitted this appeal petition before this Authority on 26-12-2019. From the conclusions arrived at as detailed above, the disputed bill for Rs. 1,96,665/- is quashed. The respondent is directed to reassess the consumption period of the meter from 10/2017 to 6/2018 by taking the average of the consumption from 12/2018 to 2/2019 (3980 kWh) and the consumption period of the meter from 7/2018 to 8/2018 by taking the average of the consumption from 9/2018 to 11/2018 (2509 kWh), both under ToD billing system. Accordingly, the respondent shall prepare an adjustment invoice comprising the period of defectiveness from 10/2017 to 8/2018 and period of non-remittance from 09/2018 to 4/2019. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the appellant is allowed as ordered and stands disposed of as such. The order of CGRF in OP No. 107/2019 dated 22-11-2019 is set aside. No order on costs. |
| P/104/2019 - Sri. Cheriyan Kurian, Alappuzha
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| The appellant is the Managing Director of HIC ABF Special Foods(P) Ltd., a private limited company and a High-Tension Consumer of Electricity (tariff HT I (A) Industrial) with consumer no. 1355150003426 - 6/4244 under Electrical Section, Aroor with registered contract demand of 700 kVA. An inspection was conducted by Assistant Executive Engineer (Meter), TMR Division, Pallom, Kottayam on 24.03.2018 of the HT metering equipment of the appellant when it was noticed that ToD meter not working satisfactorily and declared faulty. The Deputy Chief Engineer, Electrical Circle, Alappuzha has directed the appellant to change the meter. The respondent has imposed penalty as 50% extra over the prevailing rate applicable both demand and energy for two months during which the appellant failed to replace the faulty metering component, and one month thereafter. The appellant has challenged the bill and filed an appeal before Consumer Grievance Redressal Forum, Ernakulam as O.P. No. 25/2019-20. The CGRF, Ernakulam, dismissed the petition vide order dated 13-11-2019. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Authority on 23-12-2019. From the conclusions arrived at as detailed above, I decide to quash the penal assessment of 50% extra imposed for Rs. 22,05,768/- issued to the appellant. The penalty is limited for one month 1amounting to Rs. 11,02,884/- and which was remitted by the appellant. Having concluded and decided as above it is ordered accordingly. The order of CGRF in OP No. 25/2019-20 is set aside. No order on costs. |
| P/003/2020 - Fr. Jijo Jacob, Ernakulam
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| The appellant is a consumer under Electrical Section, Valayanchirangara bearing consumer number 12939 under LT VI D tariff with a connected load of 9460 watts. The APTS had conducted an inspection in the premises of the appellant on 24-07-2019 and detected that the tariff assigned to the consumer is wrong and the tariff of the appellant reassigned to LT VI B from 08/2017. Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 1,25,448/- was served on 26-07-2019 towards the undercharged amount due to wrong fixation of tariff for the period 8/17 to 6/19. Aggrieved against this, the appellant approached with a petition before CGRF (Central), Ernakulam, which was disposed of by the Forum vide order in OP No. 65/2019-20 dated 31-12-2019 by dismissing the petition and allowed instalment facility. Against the above order, on 20-01-2020, the appellant has filed this appeal petition before this Authority with a request to quash the short assessment bill and retain the tariff assigned before the inspection. Considering the above facts and legal provisions pertaining to the issue, the assessment bill under LT VI B category to the appellant for Rs.125448/- is quashed. Old age homes which charged the inmates for boarding and lodging was not categorized prior to 8-7-2019 in the tariff orders issued. The respondent shall take the matter with proper authorities for fixing appropriate tariff for the period in question i.e. 8/17 to 6/2019 and issue additional bill, if any, required. So, the appeal petition stands allowed as it is found having merits. The order of CGRF in No. 65/2019-20 dated 31-12-2019 is set aside. No order as to costs. |
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