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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/021/2016 Smt. Leelamma Steephen, Pathanamthitta

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The appellant is running a bakery named ‘Ebanezar Sweets’ having consumer No. 78 under Electrical Section, Ranni (South) with a connected load of 9 kW. The connected load of the appellant has been enhanced from 3000 Watts to 9000 Watts and also changed the tariff from LT IV to LT VII A with effect from 10-12-2014. The respondent has issued a bimonthly invoice amounting to Rs. 22,000.00 for the period from 21-09-2015 to 19-11-2015 on the basis of actual recorded consumption of 1956 units. Aggrieved against the exorbitant bill the appellant filed a petition before CGRF, Kottarakkara which was dismissed vide order No. 1650/2015 dated 05-03-2016. Still not satisfied with the decision of the CGRF, the appellant submitted this appeal petition before this Authority. In view of the above discussions it can be seen that the respondent issued the bill dated 19-11-2015 for Rs. 22,000.00 without furnishing any reasons or explanations or even without checking the accuracy of the meter. Hence the above bill is not sustainable and hereby quashed. However, the respondent is directed to reassess the appellant on the basis of average consumption of 3 consecutive bills after the replacement of the meter for the disputed period from 20-07-2015 to 30-09-2015 as per Regulation 125 of Supply Code, 2014. This shall be done at any rate within a period 30 days from the date of receipt of this order. The appeal petition is disposed of accordingly. The order of CGRF in OP No. 1650/2015 dated 05-03-2016 is set aside. No order as to costs.
P/020/2016 Sri. Alex Thomas, Thiruvananthapuram.

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The appellant, Sri Alex Thomas, is the Managing Director of B’ Canti Homes (P) Ltd, who is an applicant for HT supply to the building, B’ Canti River Park Apartments under Electrical Section, Vellayambalam for a total connected load of 315 kVA. The respondent had sanctioned an estimate amounting to Rs. 29,71,000.00 for giving HT supply to the appellant’s premises. This estimate was included an amount of Rs. 2,70,100.00 towards the 10% supervision charges for the work. It is alleged that the licensee had collected unauthorized amounts by way of supervision charges which is illegal and unauthorized.. The appellant insists that the material cost and some extraneous costs need not be taken for calculating the 10% Supervision charge by the licensee. Hence the appellant prays to issue orders to refund such amounts collected by licensee with interest, since realizing Supervision charges as 10% of the capital costs were never authorized by any Act or Rules and Regulations created by the KSERC. Against the collection of Rs. 2,70,100.00 towards the supervision charges for the HT supply, the appellant preferred a complaint before the CGRF (South), Kottarakara, pleading to refund the amount collected as 10% supervision charges with interest. The CGRF has found that the Board is empowered and bound to supervise the entire work up to the metering point and as such they empowered to realize 10% of the cost as supervision charges as authorized by KSERC and hence dismissed the petition vide order OP No. 1579/2015 dated 29-01-2016. Aggrieved against the above order, the appellant has approached this Authority with this appeal petition seeking relief with a plea to refund Rs. 2,53,617.00 collected in excess towards supervision charges along with interest at twice the bank rate with effect from the date of collection. On an overall view of the facts and evidences produced by both sides it is hereby directed the respondent to revise the supervision charges as described above and also to refund the excess amount so collected along with interest at the bank rate as on the date of remittance as per provisions in Supply Code, 2014. This shall be done at any rate within a period 30 days from the date of receipt of this order. Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is allowed to the extent as ordered. The order of CGRF in OP No. 1579/2015 dated 29-01-2016 is set aside. No order as to costs.
P/019/2016 Sri. Alex Thomas, Thiruvananthapuram.

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The appellant, Sri Alex Thomas is the Managing Director of B’ Canti Homes (P) Ltd, who is an applicant for HT power supply with a connected load of 315 kVA to the building B’ Canti River Park Apartments which comes under the jurisdiction of Electrical Section, Vellayambalam. The respondent after collecting the estimate amount has extended 11 kV supply to the multi-storied building of the appellant. The works of 11 kV cable laying up to consumer premises, erection of an indoor transformer and allied LT side works and terminal arrangements including metering panel were carried out by the appellant after remitting the Supervision charges. Later, a number of LT service connections were effected after collecting the ECSC (Estimate Cost for Service Connection) charges for providing weather proof service connections for LT consumers as approved by the Commission. The appellant preferred a complaint before the CGRF (South), Kottarakara, pleading to refund the amount collected as ECSC with interest. The CGRF has found that the licensee shall collect only the energisation charges as authorized by the KSERC and the excess amount collected from the appellant shall be refunded. Not satisfied with the above order, the appellant has approached this Authority with this appeal petition seeking relief with a plea to declare that collection of ECSC amounts while registering and allotting consumer numbers to 26 independent units at B' Canti River Park Apartment by the Assistant Engineer is illegal and issue orders to refund such amounts in full, as onetime payment with interest at double the bank rate with effect from 25-07-2014. From the analysis done and the findings and conclusions arrived at which are detailed above it is decided to take the following decisions. The collection of charges for providing independent service connections to various apartments of the high-rise building of the appellant was found as arbitrary and the respondent is directed to refund the amount so collected along with interest at the bank rate as on the date of remittance as per provisions in Supply Code, 2014. This shall be done at any rate within 30 days from the date of receipt of this order. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant is allowed to the extent as ordered. The order of CGRF in OP No 1560/2015 is upheld. No order as to costs.

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