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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/032/2018 - Sri. John Kurian Alappuzha

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The appellant complaints that the respondent cut and removed the trees in his property for drawing the 11 kV OH line for voltage improvement work at Kidanalmukku under Electrical Section Charummoodu in 2008, which caused heavy loss to the appellant. The appellant requested bank interest/damages for the delayed tree cutting compensation received only after 10 years. Being aggrieved, the appellant filed petition before the CGRF, Ernakulam which was dismissed due to lack of jurisdiction. Being not satisfied by the decision of CGRF, the appellant has filed the appeal petition. The grievance of the appellant has arisen due to the delay in settling the tree cutting compensation. 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) of KSERC (CGRF & Electricity Ombudsman) Regulations, 2005. Hence I decide that the Appeal Petition filed before this Authority by the appellant is not maintainable. Having concluded and decided as above, it is ordered accordingly. The order No.100/2017-18 dated 30-04-2018 of CGRF, Ernakulam is upheld. No order on costs.
P/031/2018 - Sri. A. Gopakumaran Nair Thiruvananthapuram

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The appellant is a consumer under Electrical Section, Thiruvallam and is having two numbers of electric connections with consumer Nos.7509 and 15688 under LTI (A) domestic tariff. The electric connection No. 7509 was originally given during 04/1997 and the electric connection No. 15688 was effected during 2011. The Sub Engineer of Thiruvallam inspected the site and found that the supply with electric connection No. 7509 was used for pumping water for construction purpose and the tariff was changed to LT VII A from 25/10/2017, as there are no domestic activities done by using this supply. The appellant has requested to change the tariff of consumer No. 15688 from domestic to commercial tariff under VII A Tariff and to shift the connection with consumer No. 7509 to the residential building from the masonry wall under deposit work. Since no steps were taken, the consumer filed a complaint before the CGRF, Kottarakkara which was disposed of, holding that the petitioner’s electric connection in consumer number 7509 shall be under LT VI F for construction purpose. Aggrieved by this order of the CGRF, the Appellant has submitted this appeal before this Forum. From the analysis done above and the conclusions arrived at, I take the following decisions. From the conclusions arrived at as detailed above, and under the provisions of the Supply Code, 2014, I am fully convinced that the request of the appellant is not considered reasonably by directing the appellant to submit the required application and the fees and following the procedures. Hence, I decide that the order of the CGRF stands quashed. It is left open to the appellant to approach the authorities of licensee for tariff change and shifting of connection by submitting the applications in the prescribed annexure form along with documents and remitting fees, if he desires so. The respondent shall take proper action as per rules. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the Consumer is allowed to the extent as ordered and stands disposed of as such.
P/030/2018 Sri. Paulachan P.P. Ernakulam

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Sri Paulachan P.P. is a consumer of electricity of Electrical Section, Kanjoor with Consumer No. 1157479007722 since 04-10-2011 having a connected load of 73 kW and a contract demand of 80 kVA under LT IV ToD tariff. He is running a firm in the name and style of “M/s Penta Pack” in the Mini Industrial Estate, Kanjoor. An inspection was conducted in the premises by the Sub Engineer in the presence of the APTS unit Ernakulam KSEB on 28/10/2017 and detected that one phase of the CT meter was not recording consumption due to the failure of current from the current transformer (CT). Subsequent to the inspection, a provisional demand amounting to Rs. 4,19,344/- was issued to the appellant. The Assessing Officer after the personal hearing denied all objections raised by the appellant and directed to remit the assessed amount vide proceedings dated 10/11/2017. Aggrieved by the decision of the Assistant Engineer, the appellant had filed petition before the CGRF Ernakulum vide OP No. 84/2017-18. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 4,19,344/- issued to the appellant. The respondent is directed to revise the bills for the consumption for the period from 9-6-2017 to 10/2017 by taking the average consumption of 03/2017, 04/2017 and 05/2017. Accordingly the respondent shall raise a bill for the meter faulty period and issue the revised bill to the consumer within fifteen days. The appellant is also eligible for installments, if requested for, and the respondent shall issue the same. The consumer shall pay the whole amount or the 1st installment within 30 days of the revised bill date. The subsequent installments will bear interest from 30th day of the bill issued to the day of payment. No interest or surcharge is payable by the consumer for the Petition and Appeal pending period before the CGRF and this Authority up to 30th day of the revised bill date. 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 OP No. 84/2016-17 dated 31-03-2018 is set aside. No order on costs.

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