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/045/2018 Sri. Narayanan K., Ernakulam 
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| The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the appellant’s three phase service connection is 9882 with tariff LT VI F which is coming under the jurisdiction of Electrical Section, Kumily, Idukki. The appellant is paying the current charges regularly without any dues or delay. But the respondent as per the invoice dated 16-08-2017 directed the appellant to remit an amount of Rs. 27856/- being the short assessment based on the findings that the meter was faulty for the period from 04/2014 to 05/2014 and 07/2015 to 12/2015. An objection against the demand was filed before the Assistant Engineer on 17-11-2017. He rejected the petition without quoting any valid reason or regulations and directed the appellant to remit the short assessed amount. Against the short assessment bill, the appellant had approached the CGRF (CR) Ernakulam by filing a petition No. 131/2017-18. The Forum disposed of the petition by quashing the bill for the month of 04/2014 and 05/2014 and also directed the respondent to issue the revised bill for the period from 07/3015 to 12/2015 for the actual energy consumption of @ 2777 units/month, vide order dated 30-06-2018. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 27856/- issued to the appellant. The respondent is directed to revise the bills for the consumption period of 02/2014 to 05/2014 and for the period from 07/2015 to 12/2015 as stated above. The excess amount collected shall be refunded by adjusting it in consumer’s future bills. Applicable interest, for the excess amount so collected, shall also be refunded to the consumer. 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 to the extent ordered. The order of CGRF, Central Range in Petition No. OP/131/2017-18/dated 30-06-2018 is set aside. No order on costs. |
| P/044/2018 Sri. Narayanan K., Ernakulam
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| The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the appellant’s three phase service connection is 9882 with tariff LT VI F which is coming under the jurisdiction of Electrical Section, Kumili, Idukki. The appellant is paying the current charges regularly without any dues or delay. But the respondent as per the invoice dated 16-08-2017 directed the appellant to remit an amount of Rs. 59192/- being the short assessment based on the findings that the meter was faulty for the period from 08/2016 to 12/2016. An objection against the demand was filed before the Assistant Engineer on 17-11-2017. He rejected the petition without quoting any valid reason or regulations and directed the appellant to remit the short assessed amount. Against the short assessment bill, the appellant had approached the CGRF (CR) Ernakulam by filing a petition No. 130/2017-18. The Forum disposed of the petition directing to revise the bill based on the average of the 3 billing cycles after the meter replacement, vide order dated 19-06-2018. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 59192/- issued to the appellant. The respondent is directed to revise the bills for the period of unrecorded consumption for 10/2016, 11/2016 and up to 16/12/2016 by taking an average consumption of 1122 units i.e. the average consumption of 01/2017, 02/2017 and 03/2017 and issue the revised bill to the consumer within fifteen days. 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 to the extent ordered. The order of CGRF, Central Range in Petition No. OP/130/2017-18/dated 19-06-2018 is modified to this extent. No order on costs. |
| P/043/2018 Sri. Joseph C.A. Ernakulam
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| The appellant is an industrial consumer having consumer number 12925 under the jurisdiction of Electrical Section, Vaduthala. The appellant approached the respondent for shifting an electric line passing through the north eastern corner of his property. Since no action was taken in the matter, the appellant filed a writ petition in W.P. (C) No.5889/2015 before the Hon. High Court of Kerala. The matter was referred to the Additional District Magistrate by the Hon. High Court. The Additional District Magistrate, in his order No. K.Dis/67018/2012MS dated 10-08-2015, dismissed the request of the appellant as having no merits, stating that the application for shifting of electric line to the adjacent pathway, which is outside of the property of the appellant is beyond the scope of Section 17 of the Indian Telegraph Act. Against this order of the District Collector the appellant filed WPC 18958/2016 before the Honourable High Court of Kerala and the Court vide judgment dated 20.6.2016 directed Additional District Magistrate to reconsider the matter and the same is under the consideration of Additional District Magistrate. Meanwhile the appellant approached the CGRF with the request for removal of the line drawn across his property between the posts MR 12/7 and GTW 27 and to take disciplinary action against the concerned officials of the KSEBL who cut and removed the trees without his permission. Hence this appeal is against the order dated 26-06-2018 of CGRF, Ernakulam, in the OP 137/2017-18, dismissing the complaint due to lack of merits, filed before it. From the findings and conclusions arrived at as detailed above, I decide as follows. Whenever the dispute regarding the shifting of electric line through the eastern side of the property of the appellant before the District Magistrate is settled, the respondent shall consider the request for rearranging the line in the northern side of the property subject to the technical feasibility for the shifting by realizing the labour charges. 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 order of CGRF in 137/2017-18 dated 26-06-2018 is set aside. No order on costs. |
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