KERALA ELECTRICITY OMBUDSMAN
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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/172/2015 N.J. James Kottayam. 
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| The appellant, Sri N.J. James, Managing Director, Neerackal Latex (P) Ltd., is a consumer of electricity having consumer No. 22890 under the Electrical Section, Kaduthurthy. The connection to the premises was originally given under LT supply with a sanctioned load of 77 kW. Later on request, the connected load was enhanced and the connection was converted into HT supply. Since the light load in the premises of the appellant was not segregated and metered, a penal bill for Rs. 1,70,005.00 served on him by the respondent. The appellant filed an objection against the penal bill before the Special Officer (Revenue), but the said bill was confirmed by proceedings dated 30-05-2015. Aggrieved against this, a complaint was filed before the CGRF (South), Kottarakkara. The Forum dismissed the complaint vide order in OP No. 1523/2015 dated 08-10-2015. Against the above order, the appellant has filed this appeal petition before this Authority. In view of the settled legal position, short assessment issued without observing the mandatory provisions of the Act is not sustainable. The action of the licensee without complying the legal formalities amounts to arbitrariness and denial of natural justice. Hence the penal bill issued for Rs. 1,70,005.00 is quashed. Appeal is admitted. CGRF Order in OP No. 1523/2015 dated 08-10-2015 is set aside. No order as to costs. |
| P/183/2015 Sri K.P. Siyad Muvattupuzha
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| The appellant is running a Company in the name of Kunnathan Chip Boards Pvt. Ltd., bearing Consumer Code LC No. 5/6909 under Electrical Section, Velloorkunnam. The appellant had submitted application for high tension power to their unit with contract demand of 950 kVA to the respondent and remitted an amount of Rs 28,74,000.00 in connection with the expenditure incurred by the licensee towards the distribution side works. Further, the licensee has demanded a sum of Rs 19,60,800 computed @ Rs. 2,064.00/kVA as pro-rata transmission side development charges on per kVA basis from the appellant, vide letter No. TDKM – 89/12-13 dated 1/12/2012 of Executive Engineer, Electrical Division, Kothamangalam. Against this demand, the appellant approached the Hon'ble High Court by filing W.P. (C) 21311 of 2015. The Hon’ble High Court, vide impugned judgment dated 15-7-2015, 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. 61/2015 dated 21-11-2015, with a finding that the demand raised by the respondent is correct and the appellant is bound to pay the same. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition. According to the judgment in Writ Appeal No. 900/2013 of Hon'ble High Court and in OP No. 22/2011 of Hon'ble Commission, the licensee can recover transmission charges from the appellant and this Authority is of the view that there is no violation in issuing demand for transmission charges. But it is found that the cost estimate is not in accordance with the order dated 23-05-2011 in petition No. TP-87/2011. Hence the respondent is directed to issue revised demand in accordance with order dated 23-05-2011 in petition No. TP-87/2011 to the appellant for 950 kVA on proper acknowledgement within a period of 30 days from the date of receipt of this order. Appeal is admitted. CGRF order is modified. No order as to costs. |
| P/170/2015 Sri. Vinod Viswanathan, Kottayam.
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| M/s Bharath Charitable Hospital, High Tension consumer code (No. HTB-13/4221) of the Kerala State Electricity Board Limited having a Contract Demand of 320 kVA, under Electrical Section, Kottayam Central in the jurisdiction of Electrical Circle, Kottayam. The meter installed in the premises was found faulty, while taking meter reading for the month of March 2014. Therefore, a short assessment bill dated 22-01-2015 for Rs. 26,94,441.00 served on the appellant reassessing for a period of previous 9 months. The said short assessment bill was challenged before the Hon’ble High Court of Kerala by filing W.P. (C) No. 4477/2015, and the Hon’ble High Court by its judgment dated 12-02-2015 directed the appellant to approach the Special Officer (Revenue). Accordingly, the appellant filed an objection against the penal bill before the Special Officer (Revenue), but the said bill was confirmed by Proceedings dated 30-05-2015 of the Special Officer (Revenue). The said order and short assessment bill was again challenged before the Consumer Grievance Redressal Forum (Southern Region) by filing O.P. No. 1517/2015 and the said Forum in its order dated 30-09-2015 concluded that "on verifying the energy consumption pattern of the appellant, the energy consumption prior to meter faulty was 9792 units and after replacement was 10730 units. From this it is found that the energy consumption increased after the meter replacement." Forum viewed that the energy consumption after the meter replacement is more than before the meter fault. Forum directed to revise the bills for six months as per the clause 115(9) of Kerala Electricity Supply Code, 2014. Against the above order, the appellant has filed this appeal petition before this Authority. Regulation 115 (9) says that in the case the meter is found to be faulty, revision of bill on the basis of test report shall be done for a maximum period of 6 months or from the date of last testing, whichever is shorter and the excess or deficit charges on account of such revision shall be adjusted in two subsequent bills. The appeal petition is found having some merits and is admitted. The order of CGRF in O.P. No. 1517/2015 is set aside. No order as to costs. |
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