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Category: Orders
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Orders Files: 1245
Orders of Kerala Electricity Ombudsman  in pdf format
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P/069/2019 - Sri. V.R. Joy, Thrissur

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The appellant is a domestic consumer under Electrical Section, Mathilakam. The appellant was utilizing the agricultural service connection bearing consumer number 4078 registered in the name of Sri Raphel and later changed in the name of Smt. Thressia Raphel, mother of the appellant. This connection which was used by the appellant was disconnected and shifted to another spot on request by the registered owner. The appellant submitted a petition before Assistant Engineer, Electrical Section, Mathilakam against disconnection through an email on 21-02-2019. Since no action was taken by the Assistant Engineer, the appellant filed a petition before the CGRF, Ernakulam which was dismissed due to lack of jurisdiction, vide OP No.117/2018-19 dated 28-06-2019. Against the above order, the appellant has filed this appeal petition before this Authority with a request to reinstate the same connection. From the findings and conclusions arrived at as detailed above, I decide as follows: The appellant who was enjoying the benefit of the agricultural connection even after the change of ownership is not responsible for the lapses in the shifting of the connection to another premises. The officials of the Licensee involved in the changing of the ownership and the shifting of the connection in another premises is responsible for the lapses. As such the service connection shall be reinstated in the original premises within a period of 30 days on receipt of this order after issuing a notice to the consumer and the respondent shall bear the expenses for the same. The phase conversion and reduction of connected load effected is also quashed.   Having concluded and decided as above, it is ordered accordingly and the Appeal Petition filed by the appellant is allowed. The order of CGRF, Ernakulam in 117/2018-19 dated 28-06-2019, is set aside. No order on costs.
P/067/2019 - Sri Salim C.K. , Kottayam

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The appellant is the consumer under the Electrical Section, Thalayazham, Vaikom. The appellant has applied for electric connection under domestic tariff. The respondent has informed the appellant that since weather proof wire has to be drawn across the public road, a support post has to be erected and for this the appellant has to remit a total cost of Rs. 9,190/- including GST. Aggrieving this, the appellant approached the CGRF. Since further action has not been taken by the respondent, the appellant filed petition before the CGRF, Kottarakkara in OP No. 59/2019 requesting to exempt him from remitting the amount. Being not satisfied by the decision of CGRF to dismiss the petition, the appellant has filed this Appeal petition before this Authority against orders dated 06-08-2019 issued by the CGRF. For the reasons detailed above, the appeal petition No. P/067/2019, filed by the appellant stands dismissed as it is found having no merits. The order dated 06-08-2019 in OP No.59/2019 of CGRF, Kottarakkara is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/065/2019 Sr. - Roji CSN,, Thrissur

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The appellant is a consumer under Electrical Section, Karukutty bearing consumer number 1155816012314 under LT VI D tariff with a connected load of28.35 KW. The Anti Power Theft Squad, Vazhathoppu had conducted an inspection in the premises of the appellant on 21-2-2019 and detected that the tariff assigned to the consumer is wrong since this premises is functioning as old age home after accepting charges from inmates. The tariff assigned for this consumer was LT VI D, which is the tariff assigned for old age homes run by charitable institutions or social organizations or non-governmental organizations where no charges are levied for the boarding and lodging of inmates as per tariff order published in Extra Ordinary Gazette No.782dated 21-4-2017. The tariff LT VI D was effected on 8.8.2017 by the respondent based on the certificate of recognition from Orphanage Control Board and 12 A (a)registration for Income tax exemption. Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 2,55,945/- was served on 21-02-2019 towards the undercharged amount due to wrong fixation of tariff for the period 9/17 to 21/2/19. 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. 127/2018-19 dated 12-07-2019 by dismissing the petition and allowed installment facility without surcharge to remit the bill amount. Against the above order, the appellant has filed this appeal petition before this Authority with a request to quash the short assessment bill. Considering the above facts and legal provisions pertaining to the issue, the assessment bill under LT VIIA category to the appellant for Rs.2,55,945/- is quashed. Old age homes which charged the inmates for boarding and lodging was not categorized prior to 8-7-2019 in the tariff order issued. The respondent shall take with matter for fixing appropriate tariff for the period in question i.e. 9/17 to 7/7/2019 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. 127/2018-19 dated 12-07-2019 is set aside. No order as to costs.

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