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Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/004/2016 Sri Rajesh P.V., Kannur - 670006

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The Appellant is a domestic consumer with consumer No.19918, under Electrical Section, Chovva, Kannur having a connected load of 8730 Watts. The spot bill for the month of April 2015 amounting to Rs. 6,738.00 was issued to the appellant for 136 days (1323 units). The previous bill for an average consumption of 240 units was issued on 09-02-2015. The appellant alleged that due to the delay on the part of Meter Reader in taking the meter reading timely has resulted in the issuance of the excess bill. The appellant had submitted a petition before the Assistant Engineer, Electrical Section, Chovva on 22‐04-2015. The appellant was not satisfied with the reply given by the respondent. Aggrieved against this, the appellant submitted a petition before the Consumer Grievance Redressal Forum, Kozhikode which was dismissed vide order No. 24/2015‐16 dated 04-11-2015. Still aggrieved by the said order, the appellant has filed this appeal petition. Since the respondent failed to follow the Sub regulation of Regulation 110 and 111 of Supply Code, 2014, the invoice issued for an amount of Rs. 6,738.00 cannot be sustained and hence quashed. The respondent is directed to revise the invoice as per Regulation 130 of Supply Code, 2014. Appeal is admitted and the order of CGRF in OP 24/2015-16 dated 04-11-2015 is set aside. No order as to costs.
P/003/2016 Sri M.K. Babu, Iringal, Kozhikode.

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The appellant is a domestic consumer having consumer No. 33944 under Electrical Section, Melady. It is alleged that the respondent issued disconnection notice to the appellant based on the direction obtained from Kerala Coastal Zone Management Authority, since construction of the appellant’s premises was in violation of the provisions of CRZ notification 1991/2011. Against this notice, the appellant filed a petition before CGRF, Kozhikode seeking reliefs not to take any action to disconnect the service. But the Forum dismissed the petition vide order No. OP No.27/2015-16 dated 23-12-2015 as the disconnection notice was issued by the respondent based on provisions of CRZ notification as per Section 5 of Environment Protection Act, 1986. Not satisfied with the above order, the appellant has approached this Authority with this appeal petition seeking relief not to disconnect the service connection. There is no justification for disconnecting the service connection of the appellant as per the direction of Member Secretary, Kerala Coastal Zone Management Authority. It is left open to the respondent to take action against the appellant in terms with the indemnity bond in case the local authority takes a stand of removal of the construction. Appeal is admitted and order of CGRF in OP No. 27/2015 dated 23-12-2015 is set aside. No order as to costs.
P/001/2016 Sri Kurian Varghese M/S Met-Rolla Steels (P) Ltd., Ernakulam.

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The appellant, M/s Met-Rolla Steels Limited is a High Tension consumer with consumer code No HTB-24/3267, having a Contract Demand of 2500 kVA, under Electrical Section, Velloorkunnam. It is a medium heavy industrial unit engaged in manufacturing of steel ingots and rolled steel products and started commercial production in the unit in the year 1996. The entire production of the factory came to a block due to a major plant and machinery breakdown on 24-01-2015. It is alleged that the production could only be resumed on 02-04-2015 after completing the repair works and the appellant is entitled to get waiver of minimum demand charges for the closed period of February 2015 and March 2015 as per Clause 16 (b) of HT agreement conditions. But the respondent issued demand for the 75% of the contract demand as per differential pricing system with the aid of ToD meter as per the revised tariff order and based on the relevant Regulation in the Supply Code, 2014. Against the issuance of invoices for the month of February 2015 and March 2015, the appellant approached the Hon’ble High Court of Kerala by filing W.P. (C) No. 11840/2015 and the Hon’ble Court directed the Special Officer (Revenue) to consider the representation filed by the appellant. Pursuant to this, the Special Officer (Revenue) passed an order on 28-07-2015 rejecting the claim of the appellant. Challenging this, the appellant approached the Hon'ble CGRF Ernakulam requesting to set aside the impugned order and also prayed for a direction to refund/adjust the minimum demand remitted by the appellant for the months of 2/2015 and 3/2015. The CGRF, Ernakulam, vide order in OP No. 70/2015-16 dated 27-11-2015, disposed of the petition holding the demand issued by the respondent is valid. Against the decisions of the CGRF, the appellant has approached this Authority with this appeal petition. As there is no valid agreement between the licensee and the appellant in tune with the model agreement annexed to Supply Code, 2014. the demand raised against the appellant for the month of February and March 2014 is not sustainable and hence quashed. The appeal petition is admitted. CGRF order dated 27-11-2015 is set aside. No order as to costs.
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