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 of Kerala Electricity Ombudsman in pdf format |
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 P/087/2016 Smt. Ummayya Kozhikode 
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| The appellant, Smt. Ummayya, General Manager, Hotel Sagar, near KSRTC Bus Stand, Mavoor Road, Kozhikode is the registered consumer with consumer No. CB 5575 under the jurisdiction of Electrical Section Central, Kozhikode. On 16-1-2007, the APTS team, Thiruvananthapuram inspected the premises of the appellant and noticed that current recorded in one phase (phase C) was negligibly low during the actual current flow. So, the appellant was issued with a short assessment bill for Rs. 1,09,925.00 towards the charges for the unrecorded portion of energy in the meter for the period from July 2006 to December 2006. Against this bill, a petition was filed before the CGRF, Kozhikode with a request to cancel the short assessment bill. The Forum has ordered to reassess the consumption based on average of consumption from January 2006 to June 2006 and to issue revised bill, vide order No. CGRF/DCE/COMP/DOP(G) /77/2007-08/317 Dated 15-05-2007. Still aggrieved with the above order, the appellant had filed an appeal petition before the Ombudsman which was disposed of vide order No. 13/2007 dated 11-07-2007. In the above order it was held that the fault had occurred only in the later half of December 2006 and there was no justification for revising the bills for July 2006 to November 2006 and hence directed to revise the bill accordingly. The KSEB Limited has filed Writ Petition No. 5761 of 2008 challenging the said order dated 11-07-2007. The Hon’ble High Court in its judgment in WP (C) No. 5701 of 2008 dated 13-10-2016 directed this Authority to pass fresh orders after conducting a hearing with the Assistant Executive Engineer, Electrical Sub Division, Nadakkavu. So, in view of the above findings the revised short assessment bill issued to the appellant for Rs. 86,521.00 is not sustainable and hence quashed. However, the respondent is directed to revise the bill for the month of December 2006 on the basis of average consumption for the period from January 2006 to June 2006. This shall be done at any rate within 30 days from the date of receipt of this order. It is made clear that no surcharge or interest shall be levied from the appellant for the appeal pending period. The appeal petition is disposed of accordingly. No order as to costs. |
| P/069/2016 Sri. T.P. Muhammed Ernakulam.
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| The appellant is having a three phase industrial service connection with consumer No. 11909 under Electrical Section, Kuruppampady, for running a firm in the name and style of Universal Veneers. While so on 17-06-2016, the APTS of licensee conducted an inspection in the appellant’s premises and detected that the current in the Y phase is ‘zero’ and hence the consumption in that phase was not recording in the meter. Accordingly, the appellant was served with a short assessment bill for an amount of Rs. 36,141.00 for the period from 05-04- 2016 to 30-04-2016, during the period in which the meter was alleged to have not recording properly. Aggrieved by this, the appellant approached the CGRF, Ernakulam, with petition No. OP 52/2016-17 and the Forum dismissed the petition vide its order dated 30-09-2016. Against the above decision, the appellant has submitted this appeal petition before this Authority. In the above circumstances the short assessment bill amounting to Rs. 36,141.00 issued to the appellant was arrived at on the basis of a wrong calculation which is not legally sustainable and hence set aside. However, it is left open to the respondent to issue a revised bill for the month of April 2016 on the basis of average consumption computed from 3 billing cycles after rectification of defect in the meter as per Regulation 125(1) of Supply Code, 2014. This shall be done at any rate within 30 days from the date of receipt of this order. Excess amount, if any, remitted by the appellant shall be refunded or adjusted against the future bills. The CGRF order in OP No. 52/2016-17 dated 30-09-2016 is set aside. No order as to costs. |
| P/074/2016 Sri. Yohannan D., Thiruvananthapuram.
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| The appellant is representing an industrial consumer named ‘Saseendra Saw Mill”, with consumer No. 5822, under the jurisdiction of Electrical Section, Ottasekharamangalam. The grievance of the appellant is that a short assessment bill amounting to Rs. 30,426.00 was issued by the respondent alleging power factor penalty during the period from 9/2013 to 6/2015 as per the report of Regional Audit Officer. According to the respondent, introduction of ToD metering and billing system to all LT industrial consumers those having connected load of 20 kW or above are given an opportunity to declare their contract demand. Such LT industrial consumers are shifted to ToD billing system on the basis of declaring their contract demand. But ToD billing system was not properly done up to 06/2015 and this was noticed during the audit by the Regional Audit Officer. Non-implementation of ToD billing system has resulted in excess collection of current charge and lesser collection of demand charges. Similarly no power factor penalty was realized nor any incentive given. Hence as per the audit, the appellant was issued short assessment on demand charges, current charges and penalty for power factor compensation. Aggrieved against the short assessment, the appellant filed petition before the CGRF, Kottarakkara which was dismissed vide order in OP No.100/2016 dated 22-09-2016. Still aggrieved, the appellant preferred an appeal praying for an exemption to remit the short assessment of Rs. 30,426.00. In view of the above findings, the short assessment bill issued to the appellant for Rs. 30,426.00 is not sustainable and hence quashed. The order of CGRF in OP No.100/2016 dated 22-09-2016 is set aside. No order as to costs. |
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