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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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P/155/2015 - Sri Manoharan K.P. Palakkad

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The appellant, Sri Manoharan K.P. raised an objection against the installation of an electric post and drawing of line through his property without his consent for giving service connection to third party who is having consumer No. 14453 under Electrical Section, Kanjikode. The previous owner of the property was Smt. Noorjahan had also raised the same complaint before the officers of the licensee requesting to remove the post from her property. But the respondent has directed the appellant to remit the estimate cost for shifting the above post and line. Aggrieved by this, the appellant filed a petition before the CGRF, Kozhikode, which was disposed of by directing the respondent to shift the post upon request from the petitioner and after collecting the charges as stipulated under Regulations 95 of the Kerala Supply Code, 2014, vide order No. OP/11/2015-16 dated 26-06-2015. Not satisfied with the above order, the appellant preferred this Appeal before this Authority. The respondent is directed to shift the electric post from the appellant's property at their risk and cost and the work should be carried out at any rate within a period of 7 days from the date of receipt of this order. Appeal is admitted. CGRF order is set aside. No order as to costs.
P/136/2015 - Sri Jayaprakash Guruvayoor

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M/s Santhimadom Builders and Developers applied for power demand for 1184.40 kVA for their two residential cum commercial complexes namely Kottapady North Project & South Project. But they abandoned the projects and the individual owners completed the villas later and they applied for electric connection separately. The individual owners completed residential villas of North Project and they were given electric connection after remitting the expenditure as demanded by the KSEB Limited. Few individual owners of South Project approached the Hon’ble High Court seeking direction to dispose of their applications for electric connections without insisting the payment of the expenses to be incurred for providing new transformer. The contention of the appellants is that the total power requirement, as specified by the builder, will not come more than 1 MW and the demand for bearing cost of transformer and other equipments cannot be sustained. The Hon’ble High Court disposed of the case by directing the respondents to provide electric connection on remittance of cost required for up-gradation of distribution system. Based on the judgment, 55 individual owners remitted the requisite amount proportionate to their plinth area and obtained connection. After availing the connection, one of the building owners, Sri Paramu Kumaran approached Hon'ble High Court stating that the total requirement of the present building owners comes only 350 kW which is less than 1 MW and requested to refund the excess amount remitted for availing service connection. In the judgment the Hon'ble High court of Kerala has directed one of the building owners, Sri Paramu Kumaran, S/o Paraman Kalluchirayil, to approach CGRF under Section 130(8) of Kerala Electricity Supply Code (KESC) 2014. But Sri M Jayaprakash, Navitha Rooms, S2, AP3 201 D2, Iringapuram P.O., Guruvayoor who filed petition before the CGRF which was dismissed vide order dated 21-05-2015 holding that the petitioner does not come under the definition of “complainant” as per law. Aggrieved with the above decisions of CGRF, the appellant has approached this Authority with this appeal petition on 22-06-2015. The proportionate expenditure of Rs. 203.26 per square metre arrived by the respondent is found as excess and hence directed to revise the same based on the observations of this Authority. The excess amount remitted by all the applicants shall be adjusted in the future bills or to refund the amount at any rate within 45 days from the date of receipt of this order. As the service connections of 55 villas of the scheme were effected and in the circumstances the builder is not proceeding with the project and also considering the direction of Hon'ble High Court in this matter, connection to the rest of the applicants may be given as per the provisions of Electricity Act and Regulations. The appeal is allowed. No order as to costs.
P/152/2015 Sri M.K. Rajeendran Kozhikode

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The appellant is a domestic consumer with service connection No. 21922 under Electrical Section, Karaparamba. The energy meter in the premises of the appellant was alleged to be not working properly, resulting the appellant was served bills dated 16‐01‐2014 and 19-08-2014 for Rs. 18,146.00 for 2254 units and for Rs. 15,761.00 for 2039 units respectively. The appellant had filed a representation on 25-06-2014 requesting to revise the said bills in accordance with the previous consumption. On receipt of the bi-monthly bill dated 19-08-2014 for Rs. 15,761.00 the appellant approached Hon’ble High Court in W.P. (C) 22851 of 2014 which was disposed of by permitting the appellant to approach the Assistant Engineer, Electrical Section, Karaparamba to seek reliefs. After conducting a hearing, the appellant was directed to remit the bill amount and disposed the petition accordingly by the Assistant Engineer, Electrical Section, Karaparamba. Consequent to this, a complaint was made before the CGRF, Kozhikode. The Forum has disposed of the complaint vide order No.79/2014-15 dated 29-07-2015, with a direction as detailed below: 1. “The petitioner shall remit the balance amount outstanding against the bill dated 16-06-2014 amounting to Rs. 18,146.00 2. The bill dated 18-08-2014 for Rs. 15,761.00 is set aside. 3. The respondent shall issue fresh bill for the month of 8/2014 (in place of bill for Rs. 15,761.00) on the basis of the average consumption for the subsequent six months after the replacement of the meter”. Aggrieved by the said order, the appellant has filed this appeal petition, before this Authority. The respondent charged the appellant without analyzing or finding out the reasons for the excess consumption hence the bill issued for Rs. 18,146.00 is quashed. Appeal is admitted. CGRF order in OP No. 79/2014-15 dated 29-07-2015 is set aside. No order as to costs.

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