KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
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/024/2019 - Sri. Pradeepan M.P., Kozhikode 
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| The Appellant is running an ice factory under the name and style of M/s Sincere Ice Factory bearing consumer No.5754 under LT-IV A Tariff with a connected load of 37614 watts and contract demand of 38 kVA under Electrical Section, Eranhickal. The registered owner of the connection is Sri. M.P. Chandran. On 01-09-2018, while taking the reading, it was noticed that voltage in one phase was not getting recorded in the meter. Consequently, the premises of the consumer was inspected on 24-09-2018 by a team of KSEB Limited led by the Anti Power Theft Squad (APTS) of Kozhikode unit. A site mahazar was prepared by the Sub Engineer Sri. Illiyas of Electrical Section, Eranhickal. An irregularity of metering was detected as the B phase voltage connection to the energy meter was rusted and as a result the same got disconnected at the taping point and due to this reason B phase voltage was missing at the terminal of the energy meter. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Eranhickal, issued short assessment bill by directing the appellant to pay Rs 4,41,504/-. Aggrieved by the short assessment bill, the appellant filed petition before CGRF, Kozhikode requesting to quash the bill. The Consumer Grievance Redressal Forum disposed the OP No.116/2018-19 filed by the appellant and ordered on 11-02-2019 that the short assessment is limited to one year and the appellant is allowed to remit the amount assessed in 20 installments. Still aggrieved by the said order, the appellant has filed the Appeal Petition before this Authority. For the reasons detailed above, the appeal Petition No. P/024/2019, filed by the appellant stands dismissed as it lacks merits. The order dated 11-02-2019 in OP No116/2018-19 of CGRF, Kozhikode is upheld. But an error in the calculation statement regarding the consumption during the normal period from 1-7-2018 to 1-8-2018 is to be corrected by the respondent and to revise the bill accordingly. Having concluded and decided as above, it is ordered accordingly. No order on costs. |
| P/022/2019 - Sri. Thomas Alexander, Pathanamthitta
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| The appellant having consumer number 7582 is a domestic consumer under Electrical Section, Thiruvalla. The registered consumer of the premises is “Mrs. Chellamma Mathew, Prasanthi, Kuttapuzhaâ€. On 20th July 2018, the appellant complained the faultiness of the meter and the meter was replaced on 17th December 2018. While being so, the appellant was aggrieved with the exorbitant bills issued for the months of 9/2018 & 10/2018, issued by the 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 appellant has submitted this Appeal petition before this Authority on 25/03/2019. It is a fact that there was flood and breakdowns in the distribution system in that area and there was no consumption in the premises during the period of August 2018. From the findings and conclusions arrived at as detailed above, I decide to set aside the spot bills from 19-05-2018 to 17-12-2018 issued to the appellant. The respondent is directed to revise the bills for the period from 19-05-2018 to 17-12-2018 (except August) by taking average consumption of 189 units per month. The monthly bill for the August shall be billed at the minimum charge applicable. This shall be done at any rate within 30 days from the date of receipt of this order. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having some merits and is allowed. The order of CGRF, Kottarakkara in Petition OP No. 158/2018 dated 22-02-2018 is set aside. No order on costs. |
| P/021/2019-Sri. Khader, Sri. Ali Mohammed, Smt. Shyni D, Kozhikode
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| The appellants were the applicants for electricity connection for their houses under the Total Electrification Programme of the Kerala State Government. The appellants also remitted application fee Rs. 50/- each at Electrical Section, Unnikulam and also submitted Wiring Registration Certificate, ELCB paper, agreement in stamp paper of Rs. 200/- for effecting the connection. The respondent had denied electricity connection to them on the basis of various grounds. So the appellants had approached the CGRF Kozhikode by filing a petition in OP No. 199/2016-17 which was dismissed vide order dated 15-06-2017. Aggrieved against this, the appellants had submitted appeal petition before this Authority vide appeal petition No. P/85/2017. The appeal was disposed of by ordering that the appellants are eligible for electric connections for domestic purposes under Total Electrification Programme and also directed that the respondent shall take action to obtain sanction from the higher officers of KSEB Ltd to provide electricity connection to the appellants and to effect the connections within a period of three months, vide order dated 31-10-2017. The KSEB filed WP (C) 12064/2018 before the Hon’ble High Court of Kerala challenging the findings rendered by the Ombudsman that the order has been issued without properly analysing the factual factors and without appreciating the fact the KSEB had denied electric connection to the said applicants only because the implementation committee constituted of the representatives of the Local Self Government and the Electricity Board had not recommended them for connection under Total Electrification programme. On the other hand, the appellants in appeal petition No. 85/2017 also filed WP (C) 25881 of 2018 before the Hon’ble High Court requesting orders that the action of the KSEB in having denied the benefit to them earlier was incorrect and illegal. The Hon’ble High Court, in its common judgment dated 29-01-2019, remanded the matter to this Authority to reconsider the case after affording fresh opportunity of being heard to them as also the competent authorities of the KSEB, but only after obtaining a report from the Implementation Committee constituted under the Total Electrification Programme and directed to take a decision thereon not later than two months from the date of receipt of a copy of the judgment. Accordingly the appellants have produced a copy of the judgment on 25-03-2018 and have also submitted the following arguments in the matter afresh and the KSEBL had also submitted the statement of facts on the arguments of the appellants. Whether the objections submitted by the appellants are sustainable is a matter which requires to be decided based on the above aspects. Since those aspects were not considered by the KSEBL and the Grama Panchayath ward members, this Authority is of the opinion that rejection for inclusion of the appellants in the beneficiaries list of TEP without considering the objections cannot be sustained. Considering facts of the case, it was confirmed that an implementation committee was not formed in the jurisdiction of Electrical Section, Unnikulam for selecting the beneficiaries under the Total Electrification Programme and the appellants’ applications were found rejected by the KSEBL and the Panchayath members on trivial grounds without properly verifying the genuineness of the applications. I am fully convinced that the request of the appellants is reasonable and justifiable. For the above reasons, the appellants are eligible to get electric connection under Total Electrification Programme. The respondent shall take action to provide electric connection to the appellants. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is allowed and stands disposed of as such. No order as to costs. |
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