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Category: Orders
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Orders Files: 1245
Orders of Kerala Electricity Ombudsman  in pdf format
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NO.P/072/2014 - Sri. K.V. Francis, - Aiswarya Agro Mills, Kalady

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The appellant is the Managing Partner of M/s Aiswarya Agro Mills bearing consumer No. 11309 (registered in the name of Sri. T.A. Varghese) under Electrical Section, Kalady. He applied for additional load and conversion of LT existing connection to HT connection on 13-06-2011. According to the appellant, he submitted the agreement on 28-10-2013. But the agreement was executed only on 11-02-2014 and the HT connection was effected on 12-02-2014. Meanwhile a total amount of Rs. 4,95,000/- was collected from the appellant towards the Unconnected Minimum Charges. The appellant approached the CGRF on 15-05-2014 seeking compensation for alleged delay on the part of the respondents and refund of UCM charges. The Forum, in its order, directed the respondents to revise the UCM charges by limiting the period of assessment for 9 months and to adjust the excess amount paid in future bills. Aggrieved against the said order, this appeal petition was filed. The respondents are directed to refund an amount of Rs. 4,95,000/- towards the UCM charges collected from the appellant. Order of CGRF set aside.
NO.P/073/2014 - Sri.K.Chithrangathan, Kozhikode

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The appellant is running an Ice Plant bearing consumer No. 1590 under Electrical Section, West Hill. According to him, he replaced the Current Transformers of his meter with new ones, when he was informed by the APTS that the previous CTs had been lacking in capacity. Subsequently the respondents issued a short assessment bill amounting to Rs. 1,34,653/-. The CTs were first installed when the capacity of the plant was 46 kW. The same was continued to be used even after the capacity of the Ice Plant was increased from 46 kW to 82 kW. According to the appellant, no official of KSEB who conducted periodical inspection ever recorded any infirmity on the functioning of the CTs. The CTs were said to have been installed at the expense of the appellant. The appellant approached the CGRF seeking to withdraw the short assessment bill. The Forum found that the contention of the appellant was genuine and justifiable. Setting aside the short assessment bill amounting to Rs. 1,34,653/- the Forum, in its order, directed the respondents to issue fresh bill after finding the actual period of fault of the CT with the split up details. But the respondent issued revised bill for an amount of Rs. 1,79,050/- even without considering the order issued by the Forum. Challenging the above bill for an amount higher than the original bill amount, this appeal petition was filed. The short assessment bill issued for Rs. 1,79,050/- is set aside. CGRF order modified.
P/057/2014 - Sri Hashmin K.A., Palluruthy

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The appellant is a consumer with consumer No 10622 under Electrical Section, Palluruthy. The service connection was effected under industrial tariff for running ‘Muhas Ice Plant’. On 29-10-2009, the APTS inspected the premises and found that supply was being used entirely for freezing and cold storage activity. The respondent, therefore, changed the tariff of the appellant to LT VII A, (Commercial Category) with effect from 01-12-2007 and issued a short assessment bill for Rs. 10,38,321/-. From the date of inspection (29-10-2009) the appellant was being billed for commercial tariff and the same was being remitted by him without any complaint. The appellant approached the CGRF challenging the short assessment bill amounting to Rs. 10,38,321/- for the preceding period (12/07 to 09/09). The Forum dismissed the petition. Though the appellant appealed against the order before the Ombudsman, the appeal petition was dismissed by the Ombudsman. Thereafter the appellant challenged the orders of CGRF and Electricity Ombudsman by filing writ petition before the Hon’ble High Court. The Hon’ble High Court upheld the change of tariff to LT VII A and at the same time quashed the short assessment bill demanded by the respondent. Against the single bench order of the Hon’ble High Court, the Board filed writ appeal and the Division Bench, in its judgment, directed the appellant to produce materials before the CGRF for proving that sea food processing activity was being carried out for the period from 01-12-2007. Accordingly the appellant approached the CGRF once more. After examining the documents produced by the appellant, the Forum held that the appellant was liable to pay electricity charges under LT VII A from 01-12-2007 onwards and that the short assessment bill for Rs. 10,38,321/- was in order. Aggrieved against the said order, this appeal petition was filed. The respondent is directed to revise the short assessment bill for a period of 12 months. Appeal petition disposed as settled. CGRF order set aside.

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