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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 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/032/2016 Sri. P. J. Antony Kochi-25. 
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| The appellant, Sri P. J. Antony, is the Joint Managing Director of the Jeevan Telecasting Corporation Ltd., Palarivattom having and HT service connection with consumer code: 10/1056 under Electrical Section, Palarivattom. The Kerala State Electricity Regulatory Commission has notified the tariff order in OP No. 9/2014 dated 14-08-2014 in which printing of newspapers is classified under HT I industrial tariff and TV channels are under HT IV commercial tariff. Prior to this tariff notification the appellant has been honouring the bills at HT IV commercial category. The appellant was billed under HT I industrial tariff from 10/2014 onwards instead of HT IV commercial tariff by mistake. As soon as the respondent realized this mistake, issued a short assessment bill for Rs. 9,86,211.00 for the period from 10/2014 to 9/2015 to the appellant, towards the differential tariff between HT I industrial and HT IV commercial. Aggrieved against the bill, the appellant filed petition before the CGRF, Ernakulam vide Petition No.120/2015-16. The Forum vide order dated 13-04-2016, upheld the demand raised by the respondent. Not satisfied with the decision of CGRF, the appellant has submitted this appeal petition before this Authority. In view of the above discussions it is concluded that short assessment bill issued for Rs. 9,86,211.00 is found in order and the appellant is directed to remit the balance amount of Rs. 5,35,192.00. The respondent is directed to allow suitable installments as per Regulation 135 of the Supply Code, 2014, if the appellant desires so. The appeal is disposed of accordingly. The Order of CGRF in OP No. 120/2015-16 dated 13-04-2016 is upheld. No order as to costs. |
| P/08/2016 Sri. Alfred David, Chalakkudy
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| The review appellant is a consumer having 7 single phase service connections with Consumer Nos. 30720, 30721, 30722, 30723, 30724, 30725 and 30726, under Electrical Section, Chalakkudy. The tariff of the above service connections was changed from LT I A to LT VII A ‐ commercial, on the basis of an inspection conducted by the APTS in these premises on 25-04-2015. During the inspection it is found that the premise is being used as lodge for North Indian labourers and hence changed to commercial category. Against the tariff change from domestic to commercial category and the issuance of short assessment bill, the appellant filed a petition before the Assistant Engineer, Electrical Section, Chalakkudy who afforded an opportunity to hear the appellant and thereafter issued final bills confirming the provisional bills. Against the above decision, the appellant filed a petition before the CGRF, Ernakulam, requesting for restoration of tariff back to LT I A category, which was also dismissed holding that “the Forum has no jurisdiction in the subject matter”. Not satisfied with the decision of the CGRF, the review appellant filed a petition before this Authority which was disposed in favour of the review respondent. Hence the review appellant has submitted this review petition with a plea to review the decision taken in the appeal petition No P/008/2016. In view of the above discussions I hold that the review petition is found devoid of merits and not maintainable, hence rejected. |
| P/028/2016 Sri. P. Vasu Palakkad
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| The appellant, Sri P. Vasu, is a consumer with consumer number 9208 under Electrical Section, Ottappalam. During 1988 the appellant availed the service connection with a connected load of 3 kW under LT VII A tariff. As the appellant defaulted payment of Rs. 318.00 (Bill No. 0310446 dated 13-03-2001), his service was disconnected on 30-06-2001. Even though the appellant remitted the bill amount along with interest and other expenses amounting to Rs. 343.00 on 02-07-2001, the service connection was not restored. On enquiry, it was informed that an arrear amount of Rs. 3,308.00 was pending towards the adjustment invoice issued for the period from 9/1998 to 5/2000. It is alleged that only after remitting the adjustment invoice amounting to Rs. 3,308.00 the appellant is entitled to get the service reconnected. Aggrieved against this, the appellant approached various courts for the redressal of his grievances, but failed. The appellant was issued another demand notice dated 29-09-2014 for Rs.24771/- comprising fixed charges, meter rent for the disconnected period from 30-6-2001 to 30-9-2014 by the respondent. Against the judgements and decrees in OS No. 346/2001 Munsiff Court, Ottappalam dated 12-08-2005, AS No. 125/2005 of Sub Court Ottappalam dated 28-08-2011, OS No. 444/2004 of Munsiff Court, Ottappalam dated 30-06-2009, AS No. 36/2009 of Sub Court, Ottappalam dated 26-02-2014; the appellant filed regular second appeals before the Hon’ble High Court of Kerala vide RSA No. 412/2012 and RSA No. 973/2014 respectively. The Hon’ble High Court disposed of the cases vide judgement dated 05-11-2014 directing the appellant to invoke Regulation 37 of the KSEB Terms and Conditions of Supply, 2005. Such motion shall be made by the appellant on or before 30-11-2014 and directed the respondent Board to reconnect the supply after carrying out the statutory formalities and such reconnection shall be done immediately on depositing one third of the demanded amount as per bill dated 29-09-2014. The recovery of balance amount depends upon the outcome of the motion made under Regulation 37 referred to above. The appellant remitted an amount Rs. 11,565.00 including arrear amount of Rs.3308/- vide receipt No. 65330141126102133 dated 26-11-2014 as per the order of the Hon’ble High Court and the service got reconnected. Accordingly, the Executive Engineer, Electrical Division, Shornur after conducting a personal hearing, disposed of the petition vide order dated 30-05-2015 by holding that the adjustment invoice issued to the appellant for Rs. 3,308.00 is in order and reassessed the arrear electricity charges for the period from 30-6-2001 to 30-12-2001 as Rs.1932/- and charges for new connection as Rs.5200/- in addition to the arrear amount of Rs. 3,308.00. It was also directed to adjust the balance amount of Rs.1,125/- (11565-10440{3308+1932+5200}) in the future electricity bills. Still aggrieved, the appellant preferred a complaint before the Hon'ble Consumer Grievance Redressal Forum, Kozhikode vide OP No. 42/2015-16 and the same was dismissed on 09-03-2016. Against the order of CGRF, the appellant has filed this appeal petition before this Authority. So, in view of the above findings, the appeal petition is disposed of directing the respondent to refund the excess amount remitted by the appellant (Rs. 8,237.00 – Rs. 7,132.00 = Rs. 1,105.00) against his future bills. The order of CGRF in OP No. 42/2015-16 dated 09-03-2016 is upheld. No order as to costs. |
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