KERALA ELECTRICITY OMBUDSMAN
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Near Gandhi Square,
Ernakulam, Kerala-682 016
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 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/058/2019 - Sri. P.K. Abraham Navi Mumbai 
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| The appellant, Sri. P.K. Abraham has filed an Appeal Petition dated 22-07-2019 before this Authority and stands numbered as P/058/2019. The appeal is against the order dated 20-06-2019 of CGRF, Kottarakkara, in the Petition OP No. 33/2019, filed before it. The premises under survey no.194/6 i.e. a shop no. 11/322 at Kumaranallor Junction on M.C. Road, Perumpaikad Village, Kottayam was owned by appellant. The tenant Mr. Sankaran had obtained power connection in the year 1954 in the premises with consumer number 8150. The power supply was disconnected by the department on 2/6/2014. The appellant alleges that he had remitted an amount of Rs. 8847/- on 10-03-2016 as outstanding arrears of previous consumer while taking a new connection. The appellant secured new power connection under consumer no. 1146356025661. This appellant enjoyed the occupation of the premises from March 2016 to December 2017 until the property was sold to one Mr. MM James. Power bills for that period were paid by the appellant. The contention of the appellant is that he remitted Rs.8847/- as the arrear of his tenant and he has the right to get refund of that amount as per Regulation 40 (3) of the Kerala Electricity Supply Code 2014. From the analysis done above and the conclusions arrived at, this Authority upheld the decision taken by the CGRF, Kottarakkara in OP No.33/2019 dated 20-06-2019. Having concluded and decided as above, it is ordered accordingly. No order on costs. |
| REVIEW PETITION No. 04/2019 IN APPEAL PETITION No. P/022/2019 The Assistant Executive Engineer, Thiruvalla,
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| The Review Petitioner is the respondent in Appeal No. P/022/2019. The review respondent/appellant is a domestic consumer under Electrical Section, Thiruvalla having consumer number 7582. On 20th July 2018, the review respondent/appellant complained the faultiness of the meter and the meter was replaced on 17th December 2018. While being so, the review respondent/appellant was aggrieved with the exorbitant bills issued for the months of 9/2018 & 10/2018, issued by the review petitioner/respondent on 17-11-2018 for Rs. 3,360/- and for the months of 11/2018 & 12-2018 for Rs. 2,605/- by taking the average consumption of 356 units. The lodged complaint before the CGRF, Kottarakkara requesting to waive off the excess charges levied in the said bills. The CGRF had dismissed the petition on the ground that the bills issued by the respondent are in order and the petition is devoid of any merits, vide order no. OP No. 158/2018 dated 22-02-2019. Aggrieved by this, the appeal petition filed by the review respondent/appellant was found having merits and was allowed to the extent it was ordered. Against the order, the review petitioner submitted this review petition stating that there is an error apparent on the face of the orders of Ombudsman and requested to review the order dated 20/05/2019 in Appeal No 022/2019 and to issue a revised order upholding the decision of CGRF. In the review petition nothing is pointed out which escaped the notice of this Authority while disposing the appeal petition. The review petitioner is challenging the decision of this Authority by raising fresh arguments in the review petition. The review jurisdiction is limited to rectify a mistake or an error which is apparent on the face of records and it cannot be used as appellate jurisdiction. This Authority has considered all the arguments while disposing the appeal petition. A decision once rendered by a competent Authority/Court on a matter in issue between the parties after a full enquiry should not be liable to be agitated over again before the same Authority/Court. If the review petitioner is aggrieved by the order of this Authority, it is free for him to challenge that order before the appropriate upper authority. In this background, this Authority didn’t find any reason to intervene the order already issued. In view of the above discussions, I hold that review petition is not maintainable and hence rejected. Having decided as above, it is ordered accordingly. |
| P/051/2019 - Smt. Manjusha M.S., Wayanad
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| The consumer number 28318 of Electrical Section, Mananthavady is registered in the name of Secretary, Mananthavady Ksheerolpadaka Sahakarana Sangam, Mananthavady and was having LT V B tariff connection, given for its milk collecting and chilling unit. As per the Gazette Notification dated 28-06-2017, LT V B Agriculture tariff is applicable to facilities for processing of milk including pasteurization and its storage and packaging or for retail sale outlets, if the connected load of such facilities or sales outlets does not exceed 10% of the total connected load. Since in the present case of the appellant, the milk chilling/freezing load is more than 10%, the tariff was changed to LT VII A with effect from 01-07-2018. Subsequently, for the recovery of amount lost due to wrong tariff fixation, a short assessment bill for the period from 7/2018 to 10/2018 amounting to Rs.2,94,297/- was served on the appellant on 13-11-2018. This bill and the change of tariff are challenged by the Appellant before the CGRF, Kozhikode which are dismissed by the Forum vide OP No. 123/2018-19 dated 16-01-2019 and in Review Petition No. 3/2018-19 dated 09-05-2019 and this is the basis of this appeal petition. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill for the period from 7/2018 to 10/2018 amounting to Rs.294297/- issued to the appellant. The respondent shall retain the appellant under LT V (B) tariff category. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the consumer is allowed as ordered and stands disposed of as such. The orders of CGRF, Kozhikode in OP No.123/2018-19 dated 16-01-2019 and review petition No. 3/2018-19 are set aside. No order on costs. |
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