KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
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| Category: Orders | ||
 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/139/2015 - M/s Skyline Foundations & Structures (P) Ltd. Cochin 682011 
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| The appellant is a builder & promoter of M/s Skyline Foundations & Structures (P) Ltd. and has applied for a power requirement of 400 kVA to a new residential project ‘SFS Branton Park' at Padamughal, Kakkanad under Electrical Section, Thrikkakkara, on 26-04-2012. The Licensee has demanded a sum of Rs. 9,44,000.00 computed @ Rs. 2,360/kVA as pro-rata transmission side development charges on per kVA basis from the appellant. The appellant approached the Hon'ble High court against the above demand by filing W.P. No. (C) 21344 of 2012. The Hon’ble High Court, vide impugned judgment dated 14-09-2012, directed KSEB to process the application based on the bonds and undertakings. It is also ordered that the connections will be given on specific condition that within 2 weeks from pronunciation of the judgment, additional cost will be paid if demand is sustained and on failure all the connections will be cut off. 17 consumers with the same issue filed Writ Petitions before the Hon'ble High Court challenging the levy of transmission side development charges. The Hon'ble Court in its common judgment in WP(C) 18726/2011 and connected cases held that levy of transmission side development charges was illegal. Against the above judgment, Board filed a Writ Appeal No. 900/2013 and the Hon'ble High Court in its judgment dated 30-06-2014 set aside the judgment in WP (C) 18726/2011 and connected cases. Accordingly the licensee demanded the transmission development charge for Rs. 9,44,000.00. In the meantime Hon'ble KSERC in a case regarding the levy of transmission development charges had issued final order in OP No. 22/2011 dated 22-01-2015, favouring the licensee. So the licensee again issued demand notice for an amount of Rs. 9,44,000.00. Against this the appellant approached Hon'ble High Court with Writ Petition (C) 8881/2015 and the Hon'ble Court directed the appellant to approach CGRF. Accordingly CGRF disposed the petition with a finding that the demand raised by the respondent is found in order. Against the above decision of CGRF, the appellant approached this Authority. As the cost estimated is not in accordance with the order dated 23-05-2011 in Petition No. TP 87/2011 the respondent is directed to revise the demand in accordance with the above order. The appeal petition is admitted and order of CGRF is modified. No order as to costs. |
| P/141/2015 - M/s Infra Housing (P) Ltd., Cochin 682011
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| The appellant is a builder & promoter of the M/s Infra Housing (P) Ltd. and has applied for a power requirement of 830 KVA to a new residential project ‘Infra Futura’ at Kakkanad under Electrical Section, Thrikkakkara, on 24-07-2012. The Licensee has demanded a sum of Rs. 19,33,900.00 computed @ Rs. 2,330.00/kVA as pro-rata transmission side development charges on per kVA basis from the appellant. The appellant approached the Hon'ble High court against the above demand by filing W.P. (C) 8731 of 2015. The Hon’ble High Court, vide impugned judgment dated 24-03-2015, ordered the appellant to approach the CGRF and also held that not to disconnect the supply pending final orders of the CGRF. Accordingly the appellant filed a petition before the CGRF which was disposed vide Order No. CGRF-CR/Comp.05/2015 dated 20-07-2015, ordering that the demand raised by the respondent is correct and the petitioner is bound to pay the same. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition. A similar matter came up for consideration of this Authority in Appeal Petition No P/139/2015 and after conducting elaborated hearing and decided orders in that case on 14-12-2015. Since the facts and circumstances are also resemble to that of P/139/2015, the order of appeal petition No. P/139/2015 dated 14-12-2015 will follow in this case also. The appeal is admitted and the CGRF order is modified. No order as to costs. |
| P/149/2015 - M/s Shwas Homes Pvt. Ltd., Cochin -682 036
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| The appellant is a builder & promoter of the M/s Shwas (P) Ltd. and has applied for a power requirement of 400 KVA to a new residential project ‘Shwas Guest House’ at Kureekkadu under Electrical Section, Chottanikkara, on 04-06-2012. The Licensee has demanded a sum of Rs. 4,20,000.00 computed @ Rs. 1,050/kVA as pro-rata transmission side development charges on per kVA basis from the appellant. The appellant approached the Hon'ble High court against the above demand by filing W.P. (C) 9854 of 2015. The Hon’ble High Court, vide impugned judgment dated 26-03-2015, ordered the appellant to approach the CGRF and also held that not to disconnect the supply pending final orders of the CGRF. Accordingly the appellant filed a petition before the CGRF which was disposed vide Order No. CGRF-CR/Comp/12/2015 dated 20-07-2015, ordering that the demand raised by the respondent is correct and the petitioner is bound to pay the same. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition. A similar matter came up for consideration of this Authority in Appeal Petition No P/139/2015 and after conducting elaborated hearing and decided orders in that case on 14-12-2015. Since the facts and circumstances are also resemble to that of P/139/2015, the order of appeal petition No. P/139/2015 dated 14-12-2015 will follow in this case also. The appeal is admitted and the CGRF order is modified. No order as to costs. |
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