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Category: Orders
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Order by: Default | Name | Date | Hits | [Descending]
Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/166/2015 Sri Nassar. P., Kannur.

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The appellant had availed a temporary service connection No: 26490 on 29-12-2010 with a connected load of 1200 watts under VII A tariff for construction purpose. It was revealed in the inspection conducted by the APTS team on 6-1-2015 that the appellant had indulged in unauthorized extension of supply from the above connection for construction of four houses and also detected unauthorized additional load to the tune of 8 kW against the sanctioned connected load of 1200 Watts. Accordingly the appellant was issued with a penal bill for Rs.4,27,050.00 as final bill under Section 126 of Electricity Act, 2003. Aggrieved against this, a complaint was filed before the CGRF, Kozhikode. As the assessment was made under Section 126 of Electricity Act and Forum does not have any jurisdiction on such assessment and the case is not legally maintainable, Forum dismissed the complaint vide order in OP No. 121/2014-15 dated 30-09-2015. Against the above order, the appellant has filed the appeal petition before this Authority. In view of the discussions, the penal bill issued for Rs. 4,27,050.00 for unauthorized extension of supply under Section 126 of Electricity Act, 2003 cannot be justified on the above reasons and Regulation mentioned herein, hence decided to quash the bill. Appellant is directed to take necessary action to regularize the additional load if desires so. The respondent shall continue single point supply till the completion of construction after ensuring safety methods. The petition having found some merits and is admitted. CGRF order in OP No. 121/2014-15 dated 30-09-2015 is set aside. No order as to costs.
P/160/2015 Sri Vakkachan Thakkolkkaran Mala

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The appellant is a consumer with consumer No. 13794 under Electrical Section, Mala and the service connection effected on 10-04-2006. The appellant had two other connections in the same premises having consumer numbers 9889 under LT VI B and 13128 under LT VII A. The appellant’s grievance is stating that he had submitted application for dismantling the above connections after effecting the new connection 13794, on 10-04-2006. But the Assistant Engineer had not taken any action on that application. The appellant had remitted all the bills since received on the said connections due to ignorance. This fact was brought to the notice only while conducting the Internal Audit of the Institute. These connections were dismantled only on 18-12-2014. The appellant requested to refund the amount paid by him from 10-04-2006 onwards, which was denied by the respondent. Aggrieved against this, the appellant approached the CGRF, Ernakulam by filing a Complaint No. 34/2015-16. But the CGRF dismissed the petition vide order dated 19-08-2015 by holding that the petition is devoid of merits. Not satisfied with the above decisions of CGRF, the appellant has approached this Authority with this appeal petition on 23-09-2015. The respondent is directed to revise the invoices issued to the appellant for fixed charges and meter rent for the period from 06-08-2010 to 18-12-2014 for service connection 13128 and from 09-06-2009 to 18-12-2014 for service connection 9889. Also directed to refund / adjust the excess amount if any received from the appellant by way of average consumption. Appeal is found having some merits and is admitted. CGRF order dated 19-08-2015 is set aside. No order as to costs.
P/163/2015 Smt. Padmini Balan Kozhikode.

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The registered owner of the service connection bearing consumer no. 12035 provided in shop No. PP XII/943 under Electrical Section, Perambra is Sri. Chekkotti V., Veluthedath Veedu, Payyoli Angadi. The appellant is the occupier of the shop and is running a tailoring unit in the premises. The connected load in the premises is 340 watts and tariff allotted is LT VII A. On detection of unauthorized additional load of 2000 Watts during the inspection conducted by the Section Squad in the premises of appellant, she was served with a provisional assessment bill amounting to Rs. 4,082.00 and later a final bill for Rs. 2,041.00. Due to non regularisation of the additional load, the respondent levied penal charges in every bill issued thereafter. Against this, the appellant filed a petition before CGRF, Kozhikode seeking relief to refund the penal charges levied and to transfer the connection in the name of the appellant. The Forum disposed of the petition by directing the respondent to regularize the load existing in the premises of the appellant upon request from the latter, vide order No. OP No.39/2015-16 dated 17-09-2015. Not satisfied with the above order, the appellant has approached this Authority with this appeal petition seeking relief for refund of penal charges levied and to assign appropriate tariff and to change the ownership in the appellant’s name. The mahazar which is the crucial document is not seen produced by the respondent in this case and not even followed the general provision relating to inspection under Regulation 173 and issue of notice to the consumer under Regulation 174 of Supply Code, 2014. So the assessment is not sustainable before law and set aside. The respondent is directed to refund the entire amount charged from the appellant by way of unauthorized use of additional load. This should be done at any rate within 30 days from the date of receipt of this order. Appeal is found having some merits and is admitted. CGRF order in OP No. 39/2015-16 is set aside. No order as to costs.
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