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/148/2015 M/s Desai Homes, Cochin - 682011 
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| The appellant is a builder & promoter of the M/s Desai Homes and has applied for a power requirement of 1000 KVA to a new residential project ‘DD Misty Hills’ at Kakkanad under Electrical Section, Thrikkakkara, on 06-11-2013. The Licensee has demanded a sum of Rs. 23,30,000.00 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) 8717 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/09/2015 dated 16-07-2015, 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/154/2015 Sri Sany Francis, M.D., M/s Holy Faith Builders & Developers Pvt. Ltd., Cochin -682 024
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| The appellant is a builder & promoter of the M/s Holy Faith Builders & Developers (P) Ltd. and has applied for a power requirement of 820 KVA to a new residential project ‘Tower of Faith’ at Kakkanad under Electrical Section, Thrikkakkara, on 29-03-2012. The Licensee has demanded a sum of Rs. 19,10,600.00 computed @ Rs. 2,330/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) 11888 of 2015. The Hon’ble High Court, vide impugned judgment dated 11/04/2015, 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. 21/2015-16 dated 16-07-2015, 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/151/2015 Smt. Tessy K Mathews Kottayam.
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| The appellant, Smt. Tessy K Mathews is a consumer with consumer No. 7899 under Electrical Section, Poonjar, who has availed a single phase connection on 19-04-2014 under LT VII A tariff for the construction purpose and later the tariff was re-categorised under LT VI F. On 15-11-2014, the appellant had applied for tariff change to I A domestic category. On receipt of the application, the Assistant Engineer, Electrical Section, Poonjar inspected the appellant’s premises and requested to rectify the anomalies already noticed. It is alleged that the respondent has not regularized the service connection availed for construction purpose and proceeded against the appellant under Section 138 of Electricity Act, 2003 by issuing a notice dated 09-01-2015 for unauthorised shifting of the meter under non standard conditions flouting safety norms. Aggrieved by this, the appellant approached the CGRF, (South) Kottarakkara by filing a Complaint No. 1356/2014. The Forum disposed the petition vide order dated 27-05-2015 with the following directions. 1. The petitioner shall arrange the suitable & safety place for fixing the meter box. 2. The respondent shall take necessary actions to change the tariff with immediate effect after fixing the meter box in the safe place after collecting the required charges for the necessary works. Aggrieved against the above decisions of Forum, the appellant has approached this Authority with this appeal. Regulation 22(d) of KSERC (CGRF & Electricity Ombudsman) restricts the maintainability of petition filed for the same cause of action and relief, the appeal filed by the appellant needs no further action at this end and accordingly stands dismissed. |
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