KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
Ph: 0484 2346488, Mob: 8714356488
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 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/092/2018 Sri. Joseph Mathew Kottayam 
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| The appellant is a consumer under Electrical Section, Pampady having consumer number 15340 under tariff LT VI D with connected load of 5660 watts. A penal bill for Rs. 1,15,995/- was issued to the appellant after an inspection conducted by the APTS, KSEBL on 16-06-2018. It is found in the inspection that the service connection availed under LT VI D was misused for domestic purposes for which tariff under LT I A with higher rate is applicable and also connected unauthorized additional load of 10214 over and above the the sanctioned load of 5660 watts. The appellant filed a complaint before the CGRF, Kottarakkara against the assessment made under Section 126 of Electricity Act 2003. According to the respondent, the matter of the complaint is an assessment under Section 126 of the Act and the CGRF is barred from entertaining such complaints in view of regulation 2 (1) (f) (vii) (1) of the KSERC (CGRF and Electricity Ombudsman) Regulations, 2005. Accordingly the Forum held that it was improper to entertain the complaint and directed the appellant to approach the Appellate Authority, vide order No.103/2018 dated 10-10-2018. But without complying the said order of CGRF, this appeal petition was filed before this Authority. In view of the above factual position I don’t find any reason to interfere with the findings and decision taken by the CGRF, Kottrakkara in this case and hence the order of CGRF No. 103/2018 dated 10-10-2018 is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs |
| P/088/2018 Smt. Vijayaleksmi Amma Kollam
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| The appellant is a consumer of electricity bearing Consumer No. 25124 of Electrical Section, Kottarakkara West, in LT IV A tariff. A Surprise inspection was conducted jointly by the officials of APTS, Kollam and Section officials on 17.06.2011 in the premises of the consumer and detected unauthorized connected load (UAL) to the tune of 96713 watts in addition to the registered load of 14742 watts and the appellant was issued a provisional assessment bill for Rs. 2,56,925/- on 22-06-2011. Later on 22-07-2011, final assessment order was issued revising the assessment to Rs. 2,14,209/-.The matter was taken up before the then Appellate Authority, the Deputy Chief Engineer, Electrical Circle, Kottarakkara by the appellant and the assessment was upheld by the Authority. Being aggrieved, the respondent challenged the order of the Appellate Authority before the Hon. High Court of Kerala vide WP (C) No. 5001 of 2012 and the Hon. High Court of Kerala set aside the assessment orders and remanded the case to the Assessing Officer for proceeding afresh. Pursuant to the orders in the writ petition, the Assessing Officer had disposed the case, revising the assessment to Rs.2,14,016/- for the period from 11/2010 to 06/2011. Aggrieved by this, the appellant filed appeal before the Appellate Authority and the Authority set aside the final order of the Assessing Officer and directed the respondent to issue revised assessment in LT IV A tariff on account of 88454 watts UAL, vide order No.55/2016 dated 15-06-2016. Accordingly the demand was revised to Rs.1,21,576/- and the appellant remitted the entire amount, after making adjustments of the earlier remittances. Meanwhile, on 12.04.2018, the appellant was directed to remit an amount for Rs.1,19,060/- as penal bill for unauthorized use of energy from 07/2011 to 04/2012 for the date of inspection to the date of regularization. Aggrieved against this demand, the appellant filed complaint No.90/2018 before the Consumer Grievance Redressal Forum. The CGRF, Kottrakkara, dismissed the petition vide order No.90/2018 dated 05-11-2018. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Forum. Since in this case, the grievance has arisen out of the detection of unauthorized load and the penal short assessment bill made under Section 126 of the Electricity Act, 2003, it is clear that the petition itself is not maintainable before the CGRF or the Electricity Ombudsman as per the KSERC Regulations. That is any dispute or complaints pertaining to such matters are not maintainable before the CGRF and Electricity Ombudsman, as per Clause 2(1)(f)(vii)(1) of KSERC (CGRF & Electricity Ombudsman) Regulations, 2005. Hence I decide that the Appeal Petition filed before this Authority by the appellant is not maintainable. The appellant is free to file an appeal against the subsequent penal assessment bill, under Section 127 of Electricity Act, 2003. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellants’ stands disposed of with the said decisions. No order on costs. |
| P/090/2018 Sri. Shaji Ayyappan Ernakulam
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| A three phase electricity connection bearing consumer number 12626 under the jurisdiction of Electrical Section Eroor has been given to the appellant under LT VII A commercial tariff with a sanctioned load of 16.7 kW for the purpose of running the office of Shwas Homes Pvt Ltd. An inspection was conducted in the premises on 29th March 2014 by the APTS wing of KSEBL and reported that there is an unauthorized addl. load of 11kW connected to the appellant’s premises and the appellant was penalized for the unauthorized additional load both for fixed charges and proportionate energy charges, amounting to Rs. 3,32,545/-. The matter was taken up before the Appellate Authority by the appellant and the Authority set aside the final order of the Assessing Officer, limited the penalty to only 13 days from 17.3.2014 to 29.3.2014 and directed KSEBL to revise the penal bill issued. Being aggrieved, the respondent challenged the order of the Appellate Authority before the Hon. High Court of Kerala vide WP (C) No. 34346/15 and the case is still pending for disposal. Meanwhile, on 07.07.2018, the appellant filed complaint No. 32/2018-19 before the Consumer Grievance Redressal Forum (CGRF) to refund the penal part for UAL in the monthly bills issued to the Appellant from May 2014 to January 2018 and to revise those monthly bills served to the appellant on the reason that the same was not based on the actual consumption. The CGRF, Central Region, Ernakulam dismissed the petition stating that the case relating to penalization of UAL is pending before the Hon'ble High Court of Kerala and has no jurisdiction to entertain the complaint, vide order No.32/2018-19 dated 13-11-2018. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Forum. Since in this case, the grievance has arisen out of the detection of unauthorized load and the penal assessment made and its continuance in monthly bills under Section 126 of the Electricity Act, 2003, it is clear that the petition itself is not maintainable before the CGRF or the Electricity Ombudsman as per the KSERC Regulations. That is any dispute or complaints pertaining to such matters are not maintainable before the CGRF and Electricity Ombudsman, as per Clause 2(1)(f)(vii)(1) of KSERC (CGRF & Electricity Ombudsman) Regulations, 2005. Hence I decide that the Appeal Petition filed before this Authority by the appellant is not maintainable. The appellant is free to file an appeal against the penal monthly assessment of the Assessing Officer, under Section 127 of Electricity Act, 2003. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellants’ stands disposed of with the said decisions. No order on costs. |
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