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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/020/2016 Sri. Alex Thomas, Thiruvananthapuram.

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The appellant, Sri Alex Thomas, is the Managing Director of B’ Canti Homes (P) Ltd, who is an applicant for HT supply to the building, B’ Canti River Park Apartments under Electrical Section, Vellayambalam for a total connected load of 315 kVA. The respondent had sanctioned an estimate amounting to Rs. 29,71,000.00 for giving HT supply to the appellant’s premises. This estimate was included an amount of Rs. 2,70,100.00 towards the 10% supervision charges for the work. It is alleged that the licensee had collected unauthorized amounts by way of supervision charges which is illegal and unauthorized.. The appellant insists that the material cost and some extraneous costs need not be taken for calculating the 10% Supervision charge by the licensee. Hence the appellant prays to issue orders to refund such amounts collected by licensee with interest, since realizing Supervision charges as 10% of the capital costs were never authorized by any Act or Rules and Regulations created by the KSERC. Against the collection of Rs. 2,70,100.00 towards the supervision charges for the HT supply, the appellant preferred a complaint before the CGRF (South), Kottarakara, pleading to refund the amount collected as 10% supervision charges with interest. The CGRF has found that the Board is empowered and bound to supervise the entire work up to the metering point and as such they empowered to realize 10% of the cost as supervision charges as authorized by KSERC and hence dismissed the petition vide order OP No. 1579/2015 dated 29-01-2016. Aggrieved against the above order, the appellant has approached this Authority with this appeal petition seeking relief with a plea to refund Rs. 2,53,617.00 collected in excess towards supervision charges along with interest at twice the bank rate with effect from the date of collection. On an overall view of the facts and evidences produced by both sides it is hereby directed the respondent to revise the supervision charges as described above and also to refund the excess amount so collected along with interest at the bank rate as on the date of remittance as per provisions in Supply Code, 2014. This shall be done at any rate within a period 30 days from the date of receipt of this order. Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is allowed to the extent as ordered. The order of CGRF in OP No. 1579/2015 dated 29-01-2016 is set aside. No order as to costs.
P/021/2016 Smt. Leelamma Steephen, Pathanamthitta

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The appellant is running a bakery named ‘Ebanezar Sweets’ having consumer No. 78 under Electrical Section, Ranni (South) with a connected load of 9 kW. The connected load of the appellant has been enhanced from 3000 Watts to 9000 Watts and also changed the tariff from LT IV to LT VII A with effect from 10-12-2014. The respondent has issued a bimonthly invoice amounting to Rs. 22,000.00 for the period from 21-09-2015 to 19-11-2015 on the basis of actual recorded consumption of 1956 units. Aggrieved against the exorbitant bill the appellant filed a petition before CGRF, Kottarakkara which was dismissed vide order No. 1650/2015 dated 05-03-2016. Still not satisfied with the decision of the CGRF, the appellant submitted this appeal petition before this Authority. In view of the above discussions it can be seen that the respondent issued the bill dated 19-11-2015 for Rs. 22,000.00 without furnishing any reasons or explanations or even without checking the accuracy of the meter. Hence the above bill is not sustainable and hereby quashed. However, the respondent is directed to reassess the appellant on the basis of average consumption of 3 consecutive bills after the replacement of the meter for the disputed period from 20-07-2015 to 30-09-2015 as per Regulation 125 of Supply Code, 2014. This shall be done at any rate within a period 30 days from the date of receipt of this order. The appeal petition is disposed of accordingly. The order of CGRF in OP No. 1650/2015 dated 05-03-2016 is set aside. No order as to costs.
P/034/2016 Dr. Sr. Fides Thottan Kottiyam, Kollam

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The appellant is the Administrator of the Holy Cross Hospital, Kottiyam, an HT consumer with consumer No LCN-23/2338 under Electrical Section, Kottiyam with tariff HT II (B). The appellant had submitted an application to the Assistant Engineer, Kottiyam, to change the tariff from HT-II (B) to HT- 11(A), applicable to private hospital registered under Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955 as provided in the tariff revision order dated 14-08-2014. The tariff of the hospital of the appellant was changed from HT II B to HT II A w.e.f. 01-10-2015. The appellant’s contention is that that they are entitled for tariff revision w.e.f. 16-08-2014 as per the revised tariff order issued by KSERC. Aggrieved against the denial of request for changing the tariff by the licensee, the appellant approached before the CGRF (South), Kottarakkara, with a petition. But the petition was dismissed by the CGRF vide order in OP No.10/2016 dated 22-04-2016. Against the above order of CGRF, the appellant has filed this appeal petition before this Authority. In view of the above discussions it is concluded that the respondent is directed to revise the tariff of the appellant to HT-II (A) tariff with effect from 16-08-2014. This shall be done at any rate within one month from the date of receipt of this order. The order of CGRF in OP No. 10/2016 dated 22-04-2016 is set aside. No order as to costs.

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