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| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/063/2017 Swami Chaithanya Jnana Thapaswi Thiruvananthapuram 
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| The three phase service connection with consumer No.10623 (new consumer No. 23794) is effected in the name of Santhigiri Medical College, Palakkad under Electrical Section, Thathamangalam and the existing tariff is LT VI F. The connected load of the premises is 68000 Watts. As per the schedule of tariff and terms and conditions for retail supply by KSEB, self financing educational institutions including hostels come under LT VII A tariff with effect from 01-12-2007. Before 01-12-2007, all self financing educational institutions were billed under LT VI A tariff. The respondent had billed the appellant mistakenly under IT VI A tariff during the period from 12/2007 to 10/2008 and to recoup the difference of tariff from VI A to VII A, the appellant was issued a short assessment bill for Rs. 2,22,416/- on 22-11-2008. Against this, the appellant filed WP(C) No. 36758/2008 before the Honourable High Court of Kerala and the Hon'ble High Court as per order dated 15th December 2008 permitted him to pay the electricity charges under LT VI A tariff for a period of one month from the date of the order. On 07-08-2009, another short assessment bills for an amount of Rs. 1,09,042/- for the period from 11/2008 to 4/2009 and for an amount of Rs. 38,710/- for the period from 11/2009 to 12/2009 were issued to the appellant and the same are pending for payment. Aggrieved by this, the appellant approached with a petition before CGRF, Kozhikode. The petition was dismissed by the CGRF vide order in OP No. 112/2016-17 dated 06-05-2017. Not satisfied with the above order, the appellant has filed this appeal petition before this Authority. From the analysis done and the Findings arrived at, I take the decisions as; (1). Exactly following the decision of the Hon High Court stated above, the appellant shall pay the monthly bills under LT VII‐A tariff from the date of detection of the wrong tariff fixed to the party i.e. from the month of 11/2008 onwards and short assessment bill dated 22-11-2008 raised for Rs. 2,22,416/- for the arrears of the period prior to that month (11/2008)and the interest of Rs.4,77,930/- shall be kept pending. But the same will be subject to the result of the judgment in the batch of SLP’s pending before the Hon: Supreme Court on the issue of electricity tariff applicable to Self Financing Educational Institutions and the respondent shall act as per the verdict, on its pronouncement. (2). It is clarified that the disputed short assessment bill dated 10-08-2009 for an amount of Rs. 1,09,042/- for the period from 11/2008 to 4/2009 and for an amount of Rs. 38,710/- for the period from 11/2009 to 12/2009, issued to the appellant shall be payable by the appellant within a period of 30 days from the date of receipt of this order. (3). The order in OP No. 112/2016-17 dated 06-05-2017 of CGRF, Kozhikode stands modified to this extent. Having decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is disposed of with the said decisions taken and issued. No order on costs. |
| P/068/2017 Sri. Sathyaseelan Thiruvananthapuram
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| Sri Sathyaseelan, the appellant, having electric connections bearing consumer numbers Nos. 5737, 5738 and 5739 under Electrical Section Venjaramoodu, Thiruvananthapuram, has filed an Appeal Petition on 22/06/2017 before this Forum and stands numbered as P/068/2017. The appeal is against the order Dated 29-03-2017 of CGRF, Kottarakkara, in the Petition No. OP 258/2016, filed before it. The appellant has also filed a Writ Petition, WP (C) 16331/2017, before the Hon: High Court of Kerala on 15-05-2017, against the CGRF Order, which is under its consideration before the Court. The provisions made under Clause 22(d) of KSERC (CGRF and Electricity Ombudsman) Regulations, 2005, restricts the maintainability of the Petition before this Forum, when a similar nature Petition filed for the same cause of action and its related grievances, is pending before any other Court, Tribunal, Arbitrator or Authority. Here in this case, a writ Petition is seen filed by the appellant before the Hon: High Court of Kerala vide WP (C) No 16331/2017, and is pending for its decision. Hence the Appeal Petition No P/ 068/ 2017, filed by Sri. Sathyaseelan, before this Forum is not maintainable for the reason stated above and therefore the said Petition stands dismissed and is ordered accordingly. |
| P/062/201 Sri. Dayaram, Kollam
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| The appellant is a commercial consumer in LT VIIB tariff having connected load of 1000 watts, vide Con. No. 6674 under Electrical Section, Cantonment, Kollam. While being so, he received an abnormal bill for Rs. 47815/‐ in 08/2016. He approached the Assistant Engineer, Cantonment with a complaint that he used to consume less and hence the disputed bill for Rs. 47815/‐ was not in tune with his consumption. Based on the complaint the meter was sent to the meter testing laboratory and the appellant has been directed to remit the bill amount as it was proved that the meter was working in good condition and the errors are within limit. Being aggrieved by this, the consumer lodged a complaint before the CGRF, Kottarakkara which was dismissed vide Order OP No. 346/2017 dated 22.04.2017. Aggrieved by this order, the consumer has filed the Appeal Petition before this Authority. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill amounting to Rs. 47,815/- issued to the appellant. The respondent is directed to revise the bill by taking 120 units as consumption for the bill period from 20-06-2016 to 19-08-2016 and to 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 consumer is allowed as ordered and stands disposed of as such. The order of CGRF, Kozhikode in OP No. 346/2017 dated 22-04-2017 is set aside. No order on costs. |
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