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/060/2016 Sri. K.P. Binumon Kurichi, Kottayam. 
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| The appellant is an agricultural consumer (LT V A tariff) with consumer No: 1889, under Electrical Section, Kurichi. On 24-04-2015, the APTS unit inspected the premises of the appellant and detected misuse of electricity. It is alleged that the appellant is dishonestly tapping energy for pumping drinking water from a well, which amounting to misuse and theft under Electricity Act, 2003. Based on the above findings, action was initiated against the appellant, as per Section 135 of Electricity Act, 2003 and the service was disconnected and also issued penal bill amounting to Rs. 786.00. A compounding fee of Rs. 4,000.00 was also realized from the appellant under Section 135 of the Act. Subsequently the service connection was dismantled by the respondent. So the appellant filed a complaint before the CGRF vide order No. OP‐ 91/2016 dated 11-08-2016, which was dismissed, holding that the same was not maintainable, due to lack of jurisdiction since the case comes under Section 135 of Electricity Act, 2003. Aggrieved against the order of CGRF, the appellant has submitted this appeal before this Authority. The respondent is directed to provide new service connection to the appellant’s premises without any delay as and when the appellant submits application for the same. The appeal petition is disposed of as above. No order as to costs. |
| P/070/2016- Sri. Arun R Chandran, 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 17557 and is under the jurisdiction of Electrical Section, Keezhaparamba. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 08-12-2015 directed the appellant to remit an amount of Rs. 1,98,505.00 being the short assessment based on the findings that the meter was sluggish during the period from 05/2014 to 01/2015. An objection against the short assessment was filed before the Assistant Engineer and later revised the short assessment bill to Rs. 56,175.00. Again the appellant filed petition against the demand before the Assistant Engineer which was rejected without stating any valid reason or regulations. So the appellant had approached the Hon’ble CGRF (Northern Region) by filing a petition in OP No. 04/2016-17. The Forum disposed of the petition by ordering to quash the bill and directed to issue the revised bill for two billing cycles based on average consumption of three months after the replacement of meter. Accordingly the respondent issued revised bill dated 06-10-2016 for Rs. 42,402.00. Still aggrieved, the appellant has submitted this appeal petition before this Authority. In view of the above discussions it is made clear that there is patent illegality in issuing the short assessment bill to the appellant without complying with the statutory formalities as in the case of defective or damaged meter. Hence the assessment made in this case is not sustainable before law and is hereby quashed. The order of CGRF in OP No. 04/2016-17 dated 09-09-2016 is set aside. No order as to costs. |
| P/057/2016 Smt. E. Shobhana Kannur – 670 004
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| The three phase service connection bearing consumer No. 9041 is registered in the name of Smt. E. Sobhana, under LT IV A tariff (Industrial) with a connected load of 134625 Watts and was effected on 06-01-1996, under Electrical Section, Cherukunnu. The appellant is running an industrial unit in the name and style of M/s Design and Interiors, Mundappuram. While being so, the Assistant Engineer, Electrical Section, Cherukunnu conducted a surprise inspection in the premises on 16-06-2015 and detected that the one phase of the Current Transformer (CT) to the meter was not working, there by not recording the energy of one of the phases in the CT meter (out of the 3‐phase supply) which means a less consumption was recorded in the meter than the actual energy consumed. Accordingly, a short assessment bill for Rs. 1,64,125.00 was issued to the appellant, assessing the unrecorded portion of the energy actually consumed by the appellant, for the past one year at the prevailing tariff rate. Aggrieved against this bill the appellant filed a petition before the CGRF, Kozhikode which was dismissed vide judgment dated 16-06-2016 in OP No. 20/2016-17. Hence the appellant filed this appeal before this Authority. In view of the above findings the short assessment bill issued for Rs. 1,64,125.00 is not sustainable and hence quashed. The order of CGRF in OP No. 20/2016-17 dated 16-06-2016 is set aside. No order as to costs. |
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