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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 P/045/2016 Sri. Arun R Chandran, Indus Towers Ltd., Palarivattom, Ernakulam 
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| The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the above service connection is 16592 and is under the jurisdiction of Electrical Section, Melmuri. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the letter dated 01-02-2016 directed the appellant to remit an amount of Rs. 81,430.00 based on the findings that the meter was sluggish during the period from 05/2014 to 09/2014. An objection against the demand was filed before the Assistant Engineer and the same was rejected without quoting any valid reason or regulations. So the appellant had approached the Hon’ble CGRF (NR) by filing a petition in OP No. 177/2015-16. Though the Chairperson has allowed the petition and ordered to quash the impugned bill of Rs. 81,430.00, the second and third members have recorded their difference of opinion that "the nomination submitted for the person who attended the hearing is not proper" and the case is not maintainable. Hence as per the Regulation 11 (3), of CGRF and Ombudsman Regulations 2005, the Hon’ble Forum issued final order as the petition is dismissed and the demand of Rs. 81,430.00 raised by the licensee is upheld. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. The assessment made in this case is without conducting any testing of the meter in an accredited lab or with a standard reference meter of better accuracy class. The only evidence and documents to substantiate the claim of the respondent is the audit report of Regional Audit Officer. So the assessment is arbitrary, illegal and not sustainable before law and is hereby quashed. The order of CGRF in OP No 177/2015-16 dated 23-05-2016 is set aside. No order as to costs. |
| P/044/2016 Sri. Sainudeen P Malappuram
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| The appellant, Sri Sainudeen P, has filed this appeal petition, against the inaction of respondent to shift the single phase LT line passing through his property and to effect service connection to his newly built house. Since an LT line is passing nearby the newly constructed house, the respondent denied the service connection. It is alleged that though the appellant had approached the respondent for effecting service connection to his newly built house, the electric connection was not provided for want of statutory clearances between the line and the building. As the respondent failed to take action on the above, the appellant has filed petition before the CGRF, Kozhikode vide petition No. OP No. 44/2013‐14 and the CGRF has disposed of vide order dated 26-11-2013, with the remarks as; “The respondent shall shift the LT line as per the plan and estimate submitted by them, after collecting the estimate amount from the petitioner, and give electric connection to the petitioner within 21 days of receipt of this order.” As the shifting of line was objected by the nearby property owners, it has not been done. So the respondent approached the Additional District Magistrate, Malappuram to get an order for settling the issue. The Additional District Magistrate after conducting an enquiry, issued proceedings that the CGRF shall review the subject case. Accordingly the CGRF has disposed the review petition submitted by the respondent vide order Review Petition No.5/2016 dated 05-04-2016. Still aggrieved by the said order, the appellant has filed the appeal petition, before this Authority. In view of the discussions the respondent is directed to give service connection to the appellant as per the first proposal without any delay at any rate within 2 weeks after the remittance of estimated amount by the appellant. With regard to the matter of compensation, this question is left open and the appellant is free to approach the licensee if he desires so. The order of CGRF in review petition No. 5/2015 dated 05-04-2016 is modified to the extent as ordered. No order as to costs. |
| ERRATUM - P/042/2016 Sri. John Vilangadan Edappally, Kochi 24.
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| In pursuant to the Order No. P/42/2016 dated 27-09-2016 issued in appeal petition No. P/42/2016 filed by Sri. John Vilangadan, now it has come to the notice of this Authority that an error was crept in the said order. In the “Analysis and findings” part of the order, in paragraph 4 of page 8, it has been stated that “As per Clause 82 of Central Electricity Authority Regulation (Installation and Operations of Meters), “it is the duty of the respondent to check the meter and associated apparatus and to ensure any defects in the installations so as to ascertain the possibility of earth leakage”. There is a clerical error occurred due to oversight on the above portion of the Analysis and findings which has to be corrected. Hence the above portion is deleted and it is corrected as follows: According to Clause 18(2) of Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, “the testing of consumer meters shall be done at site at least once in five years. The licensee may instead of testing the meter at site can remove the meter and replace the same by a meter duly tested in an accredited test laboratory. In addition, meters installed in the circuit shall be tested if study of consumption pattern changes drastically from the similar months or season of previous years or if there is consumers complaint pertaining to a meter. The standard reference meter of better accuracy class than the meter under test shall be used for site testing of the consumer meters up to 650 Volts.” There is no other modification in the said order dated 27-09-2016 except the portion modified above. Having corrected as above it is ordered accordingly. Dated the 25th October 2016. |
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