KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
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 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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 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/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/168/2015 Sri Mohanan O, Kannur.
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| The appellant in this petition had applied for power allocation to the tune of 400 kVA at 11 KV to start a multi-storied shopping complex, G-Sons Wedding Centre, South Bazaar, Kannur and remitted Rs. 3,26,000.00 towards OYEC charges on 10-01-2013 as directed by the Assistant Engineer, Electrical Section, Kannur. It is stated that KSEB had completed the line work on 21-08-2013 and issued notice for availing power on 24-08-2013. But it is reported that the appellant submitted application for H.T. service connection to the Assistant Engineer, Electrical Section, Kannur on 30-6-2015. Hence the respondent demanded Unconnected Minimum Charges (UCM) amounting to Rs. 32,00,000.00 for the delay in availing the connection. Being aggrieved by the said demand, the appellant approached the CGRF, Kozhikode by filing petition on 09-07-2015 with request to waive the UCM charges. The CGRF had taken the following decisions on this. 1) The demand issued by the respondent for unconnected minimum charges is as per rule and holds good. 2) The period of unconnected minimum charges shall be revised to completed months (19 months). 3) The demand notice shall be revised accordingly. 4) The petitioner shall be allowed a maximum of six instalments upon request. Aggrieved against the order of CGRF, the appellant has submitted this appeal petition with a plea to set aside the direction to the respondent to collect unconnected minimum charges from the appellant. In view of the above discussions and findings it is concluded that the respondent failed to prove that any capacity idling on any electrical plant erected exclusively for the use of appellant consequent to the issue of power allocation. In this background, there is no justification for issuing UCM charges for an amount of Rs. 32,00,000.00 hence quashed. Appeal is found having some merits and is admitted. CGRF order in OP No. 41/2015-16 dated 17-09-2015 is set aside. No order as to costs. |
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