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Category: Orders
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Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/08/2016 Sri. Alfred David, Chalakkudy

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The review appellant is a consumer having 7 single phase service connections with Consumer Nos. 30720, 30721, 30722, 30723, 30724, 30725 and 30726, under Electrical Section, Chalakkudy. The tariff of the above service connections was changed from LT I A to LT VII A ‐ commercial, on the basis of an inspection conducted by the APTS in these premises on 25-04-2015. During the inspection it is found that the premise is being used as lodge for North Indian labourers and hence changed to commercial category. Against the tariff change from domestic to commercial category and the issuance of short assessment bill, the appellant filed a petition before the Assistant Engineer, Electrical Section, Chalakkudy who afforded an opportunity to hear the appellant and thereafter issued final bills confirming the provisional bills. Against the above decision, the appellant filed a petition before the CGRF, Ernakulam, requesting for restoration of tariff back to LT I A category, which was also dismissed holding that “the Forum has no jurisdiction in the subject matter”. Not satisfied with the decision of the CGRF, the review appellant filed a petition before this Authority which was disposed in favour of the review respondent. Hence the review appellant has submitted this review petition with a plea to review the decision taken in the appeal petition No P/008/2016. In view of the above discussions I hold that the review petition is found devoid of merits and not maintainable, hence rejected.
P/032/2016 Sri. P. J. Antony Kochi-25.

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The appellant, Sri P. J. Antony, is the Joint Managing Director of the Jeevan Telecasting Corporation Ltd., Palarivattom having and HT service connection with consumer code: 10/1056 under Electrical Section, Palarivattom. The Kerala State Electricity Regulatory Commission has notified the tariff order in OP No. 9/2014 dated 14-08-2014 in which printing of newspapers is classified under HT I industrial tariff and TV channels are under HT IV commercial tariff. Prior to this tariff notification the appellant has been honouring the bills at HT IV commercial category. The appellant was billed under HT I industrial tariff from 10/2014 onwards instead of HT IV commercial tariff by mistake. As soon as the respondent realized this mistake, issued a short assessment bill for Rs. 9,86,211.00 for the period from 10/2014 to 9/2015 to the appellant, towards the differential tariff between HT I industrial and HT IV commercial. Aggrieved against the bill, the appellant filed petition before the CGRF, Ernakulam vide Petition No.120/2015-16. The Forum vide order dated 13-04-2016, upheld the demand raised by the respondent. Not satisfied with the decision of CGRF, the appellant has submitted this appeal petition before this Authority. In view of the above discussions it is concluded that short assessment bill issued for Rs. 9,86,211.00 is found in order and the appellant is directed to remit the balance amount of Rs. 5,35,192.00. The respondent is directed to allow suitable installments as per Regulation 135 of the Supply Code, 2014, if the appellant desires so. The appeal is disposed of accordingly. The Order of CGRF in OP No. 120/2015-16 dated 13-04-2016 is upheld. No order as to costs.
P/025/2016 - Sri. P.M. Varkey, Ernakulam 683104.

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Sri Ajith George Thomas is the registered owner of the domestic connection with consumer No. 7746 having a connected load of 3 kW and an agricultural connection with consumer No. 6757 having a connected load of 4 kW, under Electrical Section, Mangalapuram. The appellant, Sri P.M. Varkey is the power of attorney holder of Sri Ajith George Thomas. As per the request of the appellant the agricultural connection in the premises was disconnected on 17-05-2013. On 30-04-2015, the appellant had submitted an application before the Assistant Engineer, Mangalapuram to disconnect the service connection in the premises with consumer No. 7746. Accordingly the Assistant Engineer inspected the premises on 11-05-2015 and found that the service connection is given to a three storied building which is occupied by one Sri Deepu and his family. The present consumer is paying the current charges regularly and no arrears are pending. The respondent has informed the appellant that the request for disconnecting the service could not be effected without the concurrence of the occupier of the premises who is the present user of electricity. So the appellant approached the CGRF seeking orders to disconnect the service connection. But the Forum dismissed the petition due to lack of merits and maintainability. Aggrieved by the decision of CGRF in OP No. 1665/2015 dated 11-03-2016, the appellant has submitted this Appeal petition. In view of the discussions, it is clear that the dispute as to the legality of the present occupant is not finalized and the Hon’ble High Court in OP (C) No. 911/2016 dated 06-04-2016 directed the Munsiff Court to rehear and to pass appropriate orders. In the result the appeal is dismissed. It is made clear that in the event of the appellant succeeding his case in the Civil Court, the appellant is free to approach this Authority or any other appropriate Forum for the reliefs claimed in this appeal, if he desires so. The order of CGRF in OP No. 1665/2015 is upheld. No order as to costs.

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