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Orders Files: 1245
Orders of Kerala Electricity Ombudsman  in pdf format
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P/050/2019 - Smt. Viji Jiji Idukki

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The appellant in this appeal petition is a three phase industrial consumer (LT IV A Tariff) of the Kerala State Electricity Board Ltd bearing Consumer No. 35787 under Electrical Section, Kattappana. The connected load of the appellant is 74361 watts and contract demand 83kVA being billed under ToD tariff.The appellant is paying the current charges regularly without any dues or delay. But the respondent as per the invoice dated 14-01-2019 directed the appellant to remit an amount of Rs. 1,59,900/- being the short assessment based on the findings that the meter was faulty for the period from 04/2018 to 12/2018. An objection against the demand was filed before the Assistant Engineer on 17-11-2017. The appellant approached the Hon’ble High Court of Kerala by filing WP (C) 2092/2019 and the Court as per judgment dated 24-01-2019 directed the appellant to approach the CGRF. Against the short assessment bill, the appellant had approached the CGRF (CR) Ernakulam by filing a petition No. 109/2018-19 and the Forum in its order dated 18/5/19 decided that the short assessment bill issued is genuine and legally sustainable. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill amounting to Rs.1,59,900/-issued to the appellant. The respondent is directed to revise the bill by taking the actual consumption for the bill period from 26/03/18 to 06/02/2019 and to issue the revised bill under ToD billing to the appellant within fifteen days. The appellant is allowed 11 instalments without interest, to remit the revised short assessment bill, if he desires so. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant stands disposed of as such. The order of CGRF, Ernakulam in OP No.109/2018-19 dated 18-05-2019 is set aside. No order on costs.
P/054/2019 Sri. Japamony Thiruvananthapuram

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The appellant is the petitioner in the OP No. 28/2019 filed before Consumer Grievance Redressal Forum (South), Kottarakkara and also a domestic consumer under Electrical Section, Vellarada, Thiruvananthapuram. The grievance of the appellant pertains to the electric line drawn by KSEB between the poles PP/19 and PP/19/1, as a low tension 2 wire line. Moreover the above line was converted to 3 wires in the year 2019, when the appellant was not in his house. The width of the path was widened from 3 feet to 9½ feet, but the above poles in his property were not shifted to the road, thereby the line is passing above the property. The request of the appellant is to shift the line and poles from his property to the road. Since the matter is pending before the Additional District Magistrate, this Authority feels that it is not proper to intervene in the matter at this stage. In this background the respondent is directed to follow up the case and to take necessary steps for a speedy disposal of the case in accordance with the directions obtained from the Additional District Magistrate. Having concluded and decided as above it is ordered accordingly. Order of CGRF in OP No. 28/2019 is upheld. No order as to costs.
P/039/2019 The Administrator, Stella Maris Hospital, Ernakulam

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A service connection with consumer No. 1155818000098 was effected in favour of Sr. Anitha CSN, Administrator of the Stella Maris Hospital, Karukutty under Electrical Section Karukutty under LT VI D tariff with connected load of 74 kW. The Anti Power Theft Squad (APTS) Wing of KSEB Ltd conducted an inspection in the appellant’s premises on 20-12-2018 and detected that the tariff assigned to the appellant was LT VI A tariff from 01-07-2014. As per tariff revision with effect from 18-4-2017, all private hospitals are assigned with the tariff VI G and the hospital was assigned with tariff VI G on 1-6-2017. According to the respondent, the appellant had been enjoying the concessional tariff LT VI D and from 01-07-2014 VI A, which is eligible only to those consumers having registration under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, the donation to which are exempted from income tax. Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 5,72,140/- was served on 21-12-2018 towards the undercharged amount due to wrong fixation of tariff for the period from 07/2017 to12/2018. 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. 96/2018-19 dated 06-05-2019 by dismissing the petition and allowing 12 installments 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, this Authority is of the considered view that the appellant’s premises are not eligible for LT VI A / VI D tariff as per tariff order dated 21-04-2017 issued by the KSERC. So, the appeal petition stands dismissed as it is found having no merits. The appellant is allowed 18 monthly installments for remitting the short assessed amount since the respondent failed to reclassify the tariff category in time. No surcharge shall be collected from the appellant. The order of CGRF in No. 96/2018-19 dated 06-05-2019 is modified to the extent as ordered above. No order as to costs.

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