KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
Ph: 0484 2346488, Mob: 8714356488
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| Category: Orders | ||
 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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Files:
 P/164/2015 Johnson C. O. Kollam 
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| The Appellant is a consumer having consumer No. 11600 of Electrical Section, Thankassery, under LT I A domestic tariff. The registered connected load of the appellant is 10 kW. On 13-01-2014, the officials of Electrical section, Thankassery conducted a surprise inspection in the premises and detected that the appellant has been using the residential building with consumer No. 11660 as an establishment for accommodating tourists under the name "M/s Global Backwaters Resorts" with connected load of 19 kW. Hence a penal bill for an amount of Rs. 78,865.00 was issued to the consumer on 03-01-2014 under Section 126 of Electricity Act, 2003, after changing the tariff to LT VII A and later issued the final bill for Rs. 68,065.00. The appellant remitted 50% of the assessed amount and filed appeal before the Appellate Authority as per Section 127. Meanwhile, the appellant filed a petition before the CGRF vide OP No: 1527/2015 which was held that "Since the case is pending before the Appellate Authority and the Appellate Authority heard the matter but not yet released the order, the Forum does not want to interfere the case at this stage". Considering the above facts, the Forum dismissed the case. Not satisfied with the above order of the Forum, the appellant filed this appeal before this Authority. The scheme of serviced villa is different from home stay as the property owner need not have to stay in the premises. In the home stay the owner or their relatives should stay in the premises along with tourists. Since the appellant has got approval from Department of Tourism as serviced villa instead of home stay, he is not eligible for domestic tariff. The order of CGRF is upheld and appeal is disposed of accordingly. No order as to costs. |
| P/167/2015 M/s Ahammed Roller Floor Mills Pvt. Ltd., Kozhikode
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| M/s Ahammed Roller Flour Mills Private Limited, a High Tension with consumer Code No HTB-13/1331 of the Kerala State Electricity Board Limited having a contract Demand of 350 kVA, under Electrical Section, West Hill in the jurisdiction of Electrical Circle, Kozhikode. The Meter Testing Unit attached to TMR Division, Kannur inspected the premises of the appellant on 30-06-2014 based on the complaint dated 12-06-2014, declared the CT/PT unit as faulty and directed the appellant to replace the CT/PT with ratio 20/5A class 0.5 accuracy. The appellant was issued with revised electricity bills for the months of May, June and July 2014 amounting to Rs. 11,17,769.00 on the basis of average consumption of 109520 units per month subsequent to replacement of CT/PT. Aggrieved by this, the appellant approached the CGRF, Kozhikode by filing a Complaint No. 61/2014-15. The CGRF dismissed the petition vide order dated 02-09-2015 by holding that the bill issued is in order. Still aggrieved with the above decisions of CGRF, the appellant has approached this Authority with this appeal petition on 21-10-2015. There is no reasonable justification for issuing short assessment bill for Rs. 11,17,769.00 and hence quashed. However, the respondent is directed to revise the bill based on the average consumption for the previous billing cycle from 03/2014, 04/2014 and 05/2014 as per Regulation 125(1) of Supply Code, 2014. The average consumption shall be levied only for a maximum period of 2 billing cycles as per Regulation 125(2). Order of CGRF in OP No. 61/20114-15. Appeal is found having some merits and is allowed to the extent as ordered. No order as to costs. |
| P/171/2015 Sri K.V. Sebastine Idukki.
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| The appellant is a consumer with consumer No.6613 (old No. 11719) of Electrical Section, Rajakumary KSEB under LT IV tariff and is conducting a small scale furniture unit in the name and style as Sebastian Industries. The service connection was effected with a connected load of 7110 Watts and as per the request of the appellant the connected load was enhanced to 7350 Watts and 14920 Watts on 03-03-2000 and 23-05-2001 respectively. Again the connected load of the consumer was further enhanced to 60 kW with effect from 29-01-2008 after remitting sufficient additional cash deposit. During the audit conducted by the Accountant General (Audit), it was detected that the consumer was given undue benefit to the tune of Rs.1,46,000.00 at Board’s cost. Based on the audit report the Assistant Engineer issued a demand notice for Rs.1,46,000.00 to the appellant. Aggrieved against this, a complaint was filed before the CGRF (Central), Ernakulam. Meanwhile, the appellant also filed a Writ Petition before the Hon’ble High Court of Kerala which was disposed of with a direction to the CGRF to consider the petition by giving an opportunity to hear the complainant, vide judgment dated 20-07-2015 in W.P.(C) No. 29131. The CGRF dismissed the complaint vide order in OP No. 78/2015-16 dated 15-10-2015. Against the above order, the appellant has filed this appeal petition P/171/2015 before this Authority on 11-11-2015. The appellant again filed a Writ Petition No. 34470/2015 before the Hon’ble High Court and the Hon’ble High Court disposed of the petition directing this Authority to consider and pass orders on the appeal within a period of three months from the date of receipt of a copy of the judgment dated 16-11-2015. The licensee is entitled to recover from the owner or occupier of any premises requiring supply the expenses reasonably incurred by the licensee for providing any electrical line or electrical plant required specifically for the purpose of giving such supply as per Section 46 of Electricity Act. Here in this case, no separate transformer was installed either in the premises of the appellant or in the vicinity of his premises, the respondent has not incurred any expenditure on this account. In this background demand issued for Rs. 1,46,000.00 is hereby quashed. Appeal is admitted and the order of CGRF in OP No. 78/2015-16 dated 15-10-2015 is set aside. No order as to costs. |
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