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Category: Orders
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Orders Files: 1245
Orders of Kerala Electricity Ombudsman  in pdf format
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P/037/2018 - Sri. Nanda Kumar Konat, Palakkad

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The consumer No: 28071 is effected in the name of Sri. A.S. Sreejith, Sreevilas, Kanniampuram for running an industrial unit named Palada products under Electrical Section, Ottapalam. The service connection is effected under LT IV A tariff with a connected load of 14 kW. The appellant has purchased the property as per sale deed document number 1199 of of SRO Ottapalam on 23-04-2016. The appellant who is the present owner of the building bearing Door No. 10/330 (1) having the consumer number 28071, has approached the Assistant Engineer, Ottapalam Electrical Section with a request to change the ownership of the connection in his name. Since his request was not allowed, the appellant filed a petition before the CGRF, Kozhikode, and the Forum dismissed the petition vide order in OP No. 182/2017-18 dated 03-05-2018. Aggrieved by the said order of CGRF, the appellant has filed the appeal petition, before this Authority. In view of the discussions, it is concluded that the respondent is directed to change the name of the registered owner on deposit of security amount afresh by the appellant as per Regulation 91(4) (f) observing all other formalities. This shall be done at any rate within 30 days from the date of receipt of this order. It is also made clear that the security deposit remitted by the present registered owner of the connection can be refunded to him on his application if any as per the prevailing rules. The respondent is directed to act as per Regulation 146 of Supply Code, 2014 in the case of disconnection and dismantling. The order of CGRF, Kozhikode in OP No. 182/2017-18 dated 03-05-2018 is set aside. No order as to costs.
REVIEW PETITION No. 06/2018 IN APPEAL PETITION No. P/029/2018 - Sri. Sadiq P.A., Ernakulam

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The appellant representing the Jewel Riverwoods Flat Owners Association, Aluva approached the Electrical Section, Aluva North for shifting two numbers of electrical posts installed in the flat compound to the private road outside the compound for which the flat owners have 50% ownership. But this was objected by the other owners of the private road and the matter was presented before the Additional District Magistrate (ADM) by the respondent. The ADM dismissed the petition after hearing both parties as he found the petition lacks merits. Then the appellant approached the CGRF-CR, Ernakulam by filing a Petition vide No. 88/2017-18 and the CGRF directed the respondent to realign the post and line to the boundary of the property of the appellant after collecting the required charges, vide its order dated 31-03-2018. The respondent has prepared an estimate for shifting the PSC pole and realignment of three phase line on work deposit basis. The work was not done since the shifting will cause damage to the pipelines of the sewage treatment plant of the appellant. Then the appellant has submitted an appeal petition before this Authority which was disposed of with a direction to the respondent to prepare an estimate for the drawing of the LT Aerial Bunched Cable (ABC) in the place of existing three phase four wire overhead conductor for two span of line within 15 days from the date of the order and inform the appellant and if the appellant is willing to accept the proposal and to bear the expenditure, the respondent shall carry out the work within one month without changing the location of the existing electric LT poles, vide Order No. P/29/2018 dated 03-07-2018. Accordingly the respondent has issued an estimate for converting overhead line to ABC amounting to Rs. 23,490/- to be done by the appellant and also directed to remit Rs. 224/- as supervision charges and to submit an undertaking by the appellant. The review appellant is not willing to accept the proposal of ABC and requested to implement the order of CGRF without changing the location of the pole and hence this review petition. In the review petition nothing is pointed out which escaped the notice of this Authority while disposing the appeal 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. However, the respondent is free to take action to resolve the grievance of the review appellant by implementing a feasible proposal without any complaints from the rival parties. In this background, this Authority didn’t find any reason to intervene the order already issued.
P/038/2018 - Smt. Radhika Rani, Pandalam.

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The appellant, Smt. Radhika Rani, a consumer under Electrical Section, Pandalam with consumer number 2468, had applied to the Assistant Engineer on 20-12-2017, for changing the ownership of the service connection registered in favour of her father, Sri. N.K. Madhavan, to her name. But, due to the objections filed by Sri Madhavan, the service connection was not transferred in the appellant’s name. The appellant approached the respondent seeking for transfer of ownership of the service connection in her name since she submitted all the requisite documents for changing ownership. According to the respondent, the changing of ownership is not registered due to the dispute. There upon the appellant filed a complaint before the CGRF, Kottarakkara, which was dismissed with a dissenting note of one member of the Forum, vide order OP No. 30/2018 dated 17-05-2018. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Authority. In view of the discussions, it is concluded that the respondent is directed to change the ownership of the electric connection number 2468 to the appellant on deposit of security amount afresh by the appellant as per Regulation 91(4) (f) and also consider the request for changing consumer category of the tariff observing all other formalities. This shall be done at any rate within 30 days from the date of receipt of this order. It is also made clear that the security deposit remitted by Sri Madhavan can be refunded to him on his application if any as per the prevailing rules. The order of CGRF, Kottarakkara in OP No. 30/2018 dated 17-05-2018 is set aside. No order as to costs.

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