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Orders of Kerala Electricity Ombudsman  in pdf format
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P/180/2015 Sri Chandransekharan Nair N , Thiruvanathapuram

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The appellant is one of the complainants in the OP No. 1511/2015 filed before Consumer Grievance Redressal Forum (South), Kottarakkara and also a domestic consumer under Electrical Section, Uchakada, Thiruvananthapuram. The complainants in the OP No. 1511/2015 are facing inconvenience due to an overhead electric line passing over their property. The agony and disturbance caused due to the crossing of the electric line over their properties was brought to the notice of the respondents by the appellant and five others and had requested for shifting the said 11 kV line (Pozhiyoor feeder). Accordingly steps were taken to shift the disputed electric line from the existing route and an estimate has been prepared for an amount of Rs. 1,15,015.00. In order to carry out the shifting of 11 kV line from the property to the road side, the existing 11 kV line (Uchakada feeder) drawn through the road is to be shifted to the other side of the road. For carrying out this shifting work some trees are to be cut and removed, but some locals have raised objections against the tree cutting. The appellant and five others have agreed to pay the tree cutting compensation, but still the locals objected. In order to avoid the objections a revised estimate for Rs. 1,72,019.00 was prepared including insertion of A pole. The Assistant Executive Engineer, Electrical Sub Division, Parasala had approached the District Magistrate with a request for shifting the line as there is no feasible alternate route for avoiding the property crossing. Accordingly the Additional District Magistrate had issued orders dated 28-10-2014 allowing to shift the electric line as proposed and to cut the trees or branches after giving tree cutting compensation to the concerned. During this time, the Chairman, Neyyanttinkara Taluk Integrated Power Loom Village Industrial Co-operative society Ltd., Uchakada had also raised objection against proposed shifting of the overhead line. Accordingly the matter was again referred to Additional District Magistrate who issued orders dated 31-01-2015 allowing to shift the electric line as proposed after cut and removal of the trees or branches of Smt. Sunaja. Subsequently the respondent issued a letter for arranging cut and removal of trees/ branches of trees and to remit the estimated amount. But the appellant approached the CGRF with a petition requesting to reduce the estimate amount and also to take appropriate action to cut and removal of the trees and to shift the line through a feasible route so as to avoid further inconvenience to the appellant. The Forum in a combined order dated 30-09-2015 in OP No.1511/2015, OP No.1540/2015 and OP No. 1547/2015 held that “the respondent shall arrange the shifting work as per the direction of the Hon’ble Additional District Magistrate.” Not satisfied with the above order, the appellant has filed this appeal petition before this Authority. Since the matter is still pending before the Additional District Magistrate this Authority feels that it is not proper to intervene the matter at this stage. In this background, respondent is directed to follow up the case and take necessary steps for a speedy disposal of the case in accordance with the directions obtained from the Additional District Magistrate. Having concluded and decided as above it is ordered accordingly.
P/182/2015 The Assistant Vice President Administration, HDFC Bank Ltd., Kottayam.

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The appellant is a LT 3 phase consumer with consumer No. 5581 under Electrical Section, Kottayam East. The sanctioned load of the appellant is 69 kW and the tariff allotted is LT VI C. On 27-05-2015 the APTS, Kottayam unit conducted an inspection in the appellant’s premises and detected that the first and second phases i.e. R and Y phases are connected with CT having ratio 200/5 and the third phase i.e. B phase with 100/5 and the assessment was being done with multiplication factor as 20. Based on the site mahazar prepared by the APTS team, a demand notice dated 10-09-2015 for an amount of Rs. 3,13,880.00 was issued for the wrong application of multiplication factor. Aggrieved against this, the appellant approached CGRF (South), Kottarakkara and filed OP No. 1589/2015. The Forum disposed the petition by upholding the above demand. Still aggrieved the appellant filed this appeal before this Authority. In view of the above facts it is hereby ordered that the appellant shall be reassessed as per his average consumption for a period of 3 months after rectifying the defects for the period from 07-06-2014 to 27-05-2015 i.e., the period of wrong application of multiplication factor. This should be done at any rate within a period of 30 days from the date of receipt of this order. No interest or surcharge need be levied during appeal pending period and up to the date of revised bill ordered now. The appellant may be allowed suitable installments if requested for. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant is found having some merits and is allowed to the extent as ordered. The related order of CGRF in OP No 1589/2015 is set aside. No order as to costs.
P/170/2015 Sri. Vinod Viswanathan, Kottayam.

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M/s Bharath Charitable Hospital, High Tension consumer code (No. HTB-13/4221) of the Kerala State Electricity Board Limited having a Contract Demand of 320 kVA, under Electrical Section, Kottayam Central in the jurisdiction of Electrical Circle, Kottayam. The meter installed in the premises was found faulty, while taking meter reading for the month of March 2014. Therefore, a short assessment bill dated 22-01-2015 for Rs. 26,94,441.00 served on the appellant reassessing for a period of previous 9 months. The said short assessment bill was challenged before the Hon’ble High Court of Kerala by filing W.P. (C) No. 4477/2015, and the Hon’ble High Court by its judgment dated 12-02-2015 directed the appellant to approach the Special Officer (Revenue). Accordingly, the appellant filed an objection against the penal bill before the Special Officer (Revenue), but the said bill was confirmed by Proceedings dated 30-05-2015 of the Special Officer (Revenue). The said order and short assessment bill was again challenged before the Consumer Grievance Redressal Forum (Southern Region) by filing O.P. No. 1517/2015 and the said Forum in its order dated 30-09-2015 concluded that "on verifying the energy consumption pattern of the appellant, the energy consumption prior to meter faulty was 9792 units and after replacement was 10730 units. From this it is found that the energy consumption increased after the meter replacement." Forum viewed that the energy consumption after the meter replacement is more than before the meter fault. Forum directed to revise the bills for six months as per the clause 115(9) of Kerala Electricity Supply Code, 2014. Against the above order, the appellant has filed this appeal petition before this Authority. Regulation 115 (9) says that in the case the meter is found to be faulty, revision of bill on the basis of test report shall be done for a maximum period of 6 months or from the date of last testing, whichever is shorter and the excess or deficit charges on account of such revision shall be adjusted in two subsequent bills. The appeal petition is found having some merits and is admitted. The order of CGRF in O.P. No. 1517/2015 is set aside. No order as to costs.

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