KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
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 REVIEW PETITION 03/2018 IN APPEAL PETITION No. P/110/2017 Sri. Madhusudhan. R Palakkad 
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| The appellant is conducting various Computer Training Courses under the franchisee of ‘NIIT’; a Computer oriented Institution, and has availed an Electric Service Connection for the said purpose, with consumer No. 19268 under Electrical Section Ottapalam. The three phase service connection was given for general purpose under LT VIIA tariff with a connected load 5880 watts for running a private computer training Institute. The appellant has preferred an appeal petition requesting to set aside a short assessment bill, amounting to Rs. 1,12,637/â€, related to the period of 01-05-13 to 06-01-2017 for the misclassification of tariff raised by the review respondent. Aggrieved by the aforesaid demand, the appellant filed a complaint before the CGRF (North), Kozhikode in OP No.39/2017-18 which was disposed vide order dated 20-09-2017 by limiting the period of short assessment 24 months prior to the date of issuing of bill in correct tariff and to allow installment facility to the petitioner to maximum 12 numbers. The appeal has been disposed of with direction to revise the bill for the entire period from the date of functioning the premises as a ‘computer oriented institution’ to 06-01-2017 for appropriate tariff and generate bill for arrear or excess charges based on the actual period of wrong classification with details of calculation for his information, as per the provision of Regulation 97(4) of Kerala Electricity Supply Code, 2014. Accordingly the respondent has issued a revised short assessment invoice amounting to Rs. 66,153/- limiting the period to 24 months to the review petitioner along with the calculation statement. Still aggrieved by the short assessment invoice and calculation, the review appellant has submitted this review petition. In view of the above discussions, I hold that review petition is not maintainable as there is no cause or sufficient reason established by the review appellant, for the review of the order already issued. Hence the review petition is dismissed and disposed of accordingly. Having concluded and decided as above, it is ordered accordingly. |
| REVIEW PETITION No. RP/04/2018 in APPEAL No. P/096/2017 Sri. Muhammed Haji Kozhikode
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| The gist of the appeal petition preferred by the appellant/review appellant before this Authority is as follows: The appellant is running a hotel M/s Hotel Whitelines, having HT connection with consumer code 16/1631 under Electrical Section, Central, Kozhikode. Since the appellant failed to comply the Board orders to install ToD meter in the premises, he was charged 50% extra over the rates notified for demand and energy and accordingly a penal bill was issued to him amounting to Rs.7,04,980/â€, for the period 1/2001 to 9/2005. Aggrieved by this bill, the consumer filed a Writ petition before the Hon High Court of Kerala, in WP ( C) 28197/2005 and the Hon'ble High Court of Kerala quashed the demand and ordered that consumer is entitled to get refund of the same and to be adjusted against the future bills of the petitioner, vide its judgment dated 13th April 2012. KSE Board Ltd filed Writ Appeal No.115/2015 against impugned judgment and on 07-10-2016, the Hon'ble High Court of Kerala vide its judgment dismissed the Writ Appeal. The appellant again approached the CGRF, Kozhikode, praying that he was entitled to get interest at the rate of two times the bank rate and also raised HT cable fault. The CGRF has ordered as follows: (1). The respondent can .realize the FC of the HT premises under LT tariff during the HT failure period from 2-7-2013 to 21-11-2013. (2). The demand billed for the previous 5 months prior to the failure of HT supply i.e. 1,2,3,4,5 & 6/2013, shall be taken for the billing during the failure period. 1. The request of the petitioner for the interest on their excess amount for the period from 10/05 to 09/06 is allowed. 2. The respondent shall pay the interest at prevailing bank rate for Rs.4,57,921/- from 09/06 to 02/14 ie, the month on which the adjustment started and thereafter for the balance amount after adjusting each regular bill till the adjustment is over. Still aggrieved by the decision of CGRF in order OP No. 182/2016-17 dated 07/07/2017, the appellant has submitted the Appeal petition and the same was disposed of by upholding the orders issued by the CGRF, vide order dated 26-12-2017. It was decided that the appellant is eligible to get interest @ 12.50 % (twice the bank rate) for the complete excess amount paid, by way of adjustment in the three subsequent bills and if the adjustment is not possible in the next three bills, the licensee shall refund the balance amount in full by cheque and also directed the respondent to prepare an interest calculation statement accordingly and adjust the interest amount so arrived at, in the next bill or subsequent bills of the consumer. Still aggrieved by the decision, the review appellant has submitted this review petition with a plea to review the orders and to allow the reliefs sought for. In view of the above discussions, I hold that review petition is not maintainable as there is no cause or sufficient reason established by the review appellant, for the review of the order already issued. Hence the review petition is dismissed and disposed of accordingly. |
| P/024/2018 -,Sri. Syriac Kurian, Ernakulam
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| The appellant is a consumer under Electrical Section, Keerampara. A three phase service connection with Consumer No. 11571339010598 in LT VII A tariff was issued in the name of Sri. Syriac Kurian, Maliyil, Palamattom, Thattekkad P.O., Kothamangalam, the appellant for running a resort with a sanctioned connected load of 16 kW. On 30.10.2013, Anti Power Theft Squad Wing conducted an inspection in the premises of the appellant and detected an Unauthorized Additional Load to the extent of 52 kW. A provisional short assessment bill to the tune of Rs. 2,28,124/- was issued to the appellant on 29.11.2013 as per Section 126 of Electricity Act 2003. Against the issuance of the bill the appellant approached the Hon'ble High Court of Kerala by filing W.P (C) No.31523/2013 which was dismissed directing the petitioner to pursue the appeal before Deputy Chief Engineer, Electrical Circle, Ernakulam by making deposit of 50% of the amount of penalty assessed and the Hon'ble Court also directed the Deputy Chief Engineer to consider the appeal as one filed within the stipulated time and shall proceed to dispose of the same on merits, vide judgment dated 06.01.2014. Later he filed W.A. No.705/2014 before Hon'ble High Court of Kerala. The Hon'ble Division Bench dismissed the Writ Appeal vide judgment dated 25.10.2016. Thereafter the appellant filed Petition vide complaint No.77/2017-18 before the CGRF-CR, Ernakulam and the CGRF decided to dismiss the complaint due to lack of merit, vide its order dated 17-03-2018. Aggrieved against this, the appellant has submitted the appeal petition before this Authority. From the analysis done and conclusions arrived at, I take the following decision. Since a final decision was taken by the Hon. High Court of Kerala in the subject matter and directed the appellant to prefer an appeal before the Appellate Authority by remitting 50% of the short assessment bill, under Section 127 of the Electricity Act, 2003 and this Authority lacks jurisdiction to entertain the cases under Section 126 of the Act, the petition is dismissed. The appellant can approach the Appellate Authority for the redressal of his grievances. Having concluded and decided as above, it is ordered accordingly. No order as to costs. |
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