KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
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 Orders |
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| Orders of Kerala Electricity Ombudsman in pdf format |
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 P/091/2016 Smt. Reetha A.V., Kozhikode. 
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| The appellant, Smt. Reetha A.V., is a consumer under Electrical Section, Pottammal, in Kozhikode District. The appellant’s case is against the inaction on the part of respondent to disconnect the underground cable drawn through her plot without consent. The cable was provided by the nearby consumers namely Sri Yugesh and Smt. Nisha having consumer numbers 5417 and 16630 respectively for pumping water for their own use from the well situated in the appellant’s plot. It is also alleged that due to the drawing of cable through her property, the appellant finds difficulty to dispose of her property. Though the appellant had approached the respondent for removing the cable drawn through her property, the respondent had not taken any action. So, the appellant filed petition before higher authorities of the licensee, but they also failed to take any action. Hence the appellant filed a petition before the CGRF, Kozhikode. But the Forum dismissed the petition vide order in OP No. 108/2016‐17 dated 09-02-2016 directing the respondents to ensure safety aspects and the appellant to approach competent Forum for redressing the grievance. Feeling aggrieved by the order of the Forum, the appellant has filed this appeal petition, before this Authority. The crux of the matter is that the dispute is between close relatives regarding the right to take water from the well. In this factual background, if at all the appellant has any grievance with respect to the sharing of water from common well using electricity for pumping water that can be resolved by resorting to appropriate civil remedies if they are advised so. This Authority is not empowered with jurisdiction to take any decision with respect to the relief sought for by the appellant in the appeal. In view of the above discussions, the appeal petition is dismissed as devoid of any merits. The order of CGRF in OP No 108/2016-17 dated 09-12-2016 is upheld. No order as to costs. |
| P/089/2016 Sri. P.V. Mathew, Kottayam.
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| The appellant, Sri P.V. Mathew, is a consumer under Electrical Section, Thrikodithanam. The appellant’s case is against the non removal of electric line drawn through his property for providing service connection to three houses. It is alleged that the line was drawn through his property without his knowledge and consent. Against the above action on the part of respondent, the appellant approached the Hon’ble Commission which was disposed of with a direction to file a petition before CGRF. Accordingly, the appellant filed a petition before the CGRF, Kottarakkara and the Forum is of the opinion that further interruption is not required until the disposal of OP filed by the appellant in the Munsiff Court, Changanacherry and the Forum dismissed the petition vide order in OP No. 160/2016 dated 19-10-2016. Feeling aggrieved against the order of CGRF, the appellant has filed the appeal petition before this Authority. In view of the above discussion the appellant is directed to submit an application for shifting the overhead line in the local office of the licensee. The respondent is directed to shift the overhead line passing through the appellant’s property after giving supply to the existing consumers by alternative methods. It is made clear that labour charges required for shifting the overhead line only be recovered from the appellant after giving prior intimation of the estimate. The order of CGRF in OP No. 160/2016 dated 19-10-2016 is set aside. No order as to costs. |
| P/085/2016 Sri. K. Ramakrishnan, Thrissur.
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| The appellant, Sri. K. Ramakrishnan, is the Managing Director of M/s Enarc Constructions having a service connection with consumer No. 18148 for a connected load of 3 kW under Electricity Wing, Thrissur Corporation. It is alleged that the respondent increased huge amount from the bill dated 14-06-2012 onwards. In addition to the actual energy charges the respondent had collected an amount of Rs. 18,000.00 to Rs. 20,000.00 and the appellant remitted the same. So, the appellant had submitted an application on 04-11-2015 to the Assistant Secretary, Electricity Department, Thrissur Corporation regarding the discrepancy in the electricity bill. As there was no reply, the appellant again sent a reminder on 19-12-2015. But as nothing was happened, the appellant lodged a complaint before the CGRF, Electricity Department, Thrissur Corporation, on 15-02-2016 with a request to refund the excess amount collected from him. The CGRF had ordered that the bill issued by the respondent is as per Regulation 27 (A) of Supply Code, 2005 and is in order. Hence found that the appellant is liable to remit the penal charges up to 01-04-2014. It was also ordered that as the licensee failed to comply with Regulation 153 (7) of Supply Code, 2014, the respondent is directed to refund the excess amount collected from the appellant after from 01-04-2014 by adjusting against his future bills. In compliance with the order, the respondent revised the assessment for the period up to 01-04-2014 and issued a short assessment bill for Rs. 12,895.00. Feeling aggrieved by this, the appellant has submitted this appeal petition before this Authority with a request to refund the excess amount collected. In view of the above findings, the excess amount collected during the period from 14-06-2012 to 07-10-2015 and the additional amount of Rs. 12,895.00 demanded towards the penal charges for the alleged unauthorized additional load is not sustainable and liable to be quashed. Hence the respondent is directed to refund the excess amount already collected from the appellant by way of penal charges with interest at bank rate as per Regulation 134(3) of Supply Code, 2014. This shall be done at any rate within a period of 30 days from the date of receipt of this order. The order No, CGRF/TCED/7071 dated 20-07-2016 of CGRF, Electricity Department, Thrissur Corporation is modified to the extent as ordered above. No order as to costs. |
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