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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/010/2018 - Smt. M. Thanuja, Alappuzha.

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The Appellant Smt. M. Thanuja is running an ice factory under Electrical Section, Cheppad bearing Consumer No.1155307025542 in industrial tariff (LT IVA) with connected load of 59.281 KW having a contract demand of 65.868 kVA with ToD meter facility. While so, on 19-07-2017, the APTS of KSEBL conducted an inspection in the premises and found that the energy used in one phase (out of 3 phases) was not recording in the meter. Accordingly, the appellant was served with a short assessment bill, for the non functioning of CT in B phase from 26-11-2016 to 21-07-2017, so as to recover the unrecorded portion of energy, for Rs. 3,34,771/-. The appellant filed objection before the Assessing officer, the Asst. Engineer, against the said assessment. Being not satisfied with the decision of the Assistant Engineer, the consumer approached the CGRF, Central, Ernakulam, with Petition No. 55/2017-18 and the Forum disposed of the petition on 11-01-2018 upholding the decision of the respondent. The APTS, Alappuzha has further conducted another inspection in the premises of the appellant on 11-09-.2017 and a short assessment bill of Rs. 1,32,156/- was issued to the appellant on 16-10-2017 as per Section 152 and 134 (1) of Kerala Electricity Supply Code, 2014, Aggrieved by this, the consumer filed O.P. No.78/2017-18 before the Consumer Grievance Redressal Forum and the decision of the Forum is still pending. Aggrieved by the decision in OP No. 55/2017-18, the appellant has submitted the Appeal petition before this Forum. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bills amounting to Rs. 3,34,771/- and for Rs. 1,32,156/- issued to the appellant. The respondent is directed to revise the bills for the consumption for the period from 26-11-2016 to 23-09-2017 excluding 14 days considering the loss as 31.8% instead of 33.33% 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 to the extent as ordered above and stands disposed of as such. The order of CGRF in 55/2017-18 dated 11-01-2018 and order in OP No.78/2017-18 dated 17-03-2018 are set aside. No order on costs.
P/019/2018 - Sri. Abdul Gafoor B.P.. Kannur

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The appellant is an industrial consumer bearing consumer 12205 under the tariff LT IV (A) of Electrical Section, Pappinisseri, running the industrial manufacturing unit namely M/s Fab Wood Industry, Thuruthi, Pappinisseri, having a present connected load of 121645 watts and contract demand 90 kVA. The connected load of electric connection had been enhanced from 40150 watts to 121645 watts with effect from 16-05-2015 resulting replacement of CT with ratio100/5 to 200/5. While so, on 25-10-2017, the factory premise was inspected by the APTS of KSEB and detected wrong application of Multiplication Factor (MF) of 20, instead of actual 40, for converting the meter readings into true energy consumption. The CT’s at the time of the inspection in the premise of the consumer was tested at the meter testing laboratory and the ratio of each CT was confirmed as having 200/5 i.e. 40. The consumer was issued a short assessment bill of Rs. 12,33,436 /- dated 31-10-2017 towards the cost of ‘energy loss’ occurred to KSEB due to mistake in the MF. Upon receiving short assessment bill for Rs. 12,33,436 /-, the consumer approached and filed a petition before CGRF, Kozhikode on 21-11-2017 vide OP No. 156/2017-18. The Forum issued an order on 08-03-2018 to revise the short assessment bill by reducing the period from 29 months to 24 months from 10/2015 to 09/2017 and giving 15 days' time for remittance as per the Regulation 152 of Kerala Electricity Supply Code 2014. The Forum also granted 12 numbers installments for the revised short assessment bill, if the appellant made a request for the same. Aggrieved by the said order, the Appellant has filed the Appeal Petition, before this Authority. From the analysis done above and the findings and conclusions arrived at, I do not find any merit in the Appeal Petition filed. The appellant has consumed energy and due to some omission on the side of the respondent, the multiplication factor was wrongly applied as 20 instead of 40. The site mahazar prepared during APTS inspection has noted down the anomaly detected and copy of the site mahazar was received by the Manager of the Firm. The appellant is also eligible for 24 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 this order. The subsequent installments will bear interest from 30th day of this order to the day of payment. No interest or surcharge is payable by the consumer for the Appeal pending period before this Forum and up to 30th day of this order. Having concluded and decided as above, it is ordered accordingly. The order dated 08-03-2018 of CGRF in OP No.156/2017-18 is upheld. No order on costs.
P/012/2018 - Sri. George Joseph, Kottayam

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The appellant has filed the appeal petition, being aggrieved at the inaction of KSEB to shift the electric line passing through his property to the road side, situated under Electrical Section, Ponkunnam. Though the appellant had approached the KSEB for shifting the 11 kV line, they had prepared estimate amounting to Rs. 90,371/‐ and later Rs. 73,597/- and demanded the appellant to remit the same. The appellant is aggrieved by the huge sum demanded by KSEB for the work, he has filed petition before the CGRF, Kottarakkara vide Petition No. OP No. 536/2017 and the CGRF has disposed it by order dated 02-02-2018, with the remarks as; “ the LT line can be shifted from the property of the petitioner and others based on the remittance of work deposit amount.”Still aggrieved by the said order, the Appellant has filed the Appeal Petition, before this Authority. From the analysis done and conclusions arrived at, I take the following decision. The respondent shall prepare a revised estimate for the deposit work amount comprising of the construction of the 180 metres of LT single phase 2 wire and labour charge of shifting of 100 metres (i.e., labour charges for the shifting of existing single phase line to the road and estimate cost for the additional single phase 2 wire line construction) and if the appellant is willing to remit the amount, the respondent shall carry out the work. The estimate cost can be shared with the two other beneficiaries by the appellant, if possible. The order of CGRF is modified to this extent. After completion of the work, the respondent shall prepare an evaluation statement of the work based on actual quantities. The appellant shall remit the excess cost if any, within one month, failing which the Licensee shall be entitled to recover the same, as if it was arrears of current charges under appropriate regulations. Excess remittances if any shall be refunded by the respondent by adjustment in the monthly current charges/direct refund within a period of 3 months. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed to the extent it is ordered.

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