KERALA ELECTRICITY OMBUDSMAN
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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/005/2017 Prof: G. Raveendran Nair, Kochi 
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| The appellant is running an institution called Amrita Vidyalayam at Kurampala, Pandalam, Pathanamthitta District and having a 3 phase electrical connection vide consumer no : 1146142015447 (LT 6F tariff) under Electrical Section, Pandalam with a sanctioned connected load of 10 Kilowatts. On 25-08-2009 the Division Squad with the officials of the Electrical Section, Pandalam inspected the premises of the school and found that the equipments are connected in excess to the connected load already granted. The respondent issued provisional bill assessment for an amount of Rs. 2,73,162/- being short remittance for alleged unauthorised load of 40 kW, dated 28-09-2009 as envisaged 126 of the Electricity Act 2003. The assessing officer after hearing has finalised provisional assessment for an amount of Rs. 1,19,202/- in the final assessment bill dated 25-11-2009. Aggrieved by the assessment bill issued by the respondent, the appellant filed a petition before the Honourable High Court of Kerala under WP(C) 34744/2009 praying to restrain the Assistant Engineer from initiating the penal charge and consequential proceeding for disconnection of the electric supply. The Hon’ble Court disposed the WP(C) 34744/2009 on 04-06-2015 by directing the consumer to file the complaint before the Kerala State Appellate Authority within one month. Pursuant to the judgment in the writ petition, the appellant filed a petition before the Appellate Authority. The Appellate Authority had ordered to set aside the final assessment issued by the respondent in order no. DB/ES/UAL/PRDG/01 dated 9/11/2009 and also directed the respondent to issue revised assessment under LTVI A tariff for the unauthorised additional load of 19 kW. As per the order of the Appellate Authority, the respondent revised the bill to Rs. 15,597/- being the balance amount to be paid by the appellant. Thereafter the respondent had issued a bill amounting to Rs. 1,79,940/- towards fixed charge for the unauthorised load connected from 12/2009 (19 kW), from 10/2010 (25 kW) and from 9/2015 (54 kW). Aggrieved to this short assessment bill, the appellant had filed a petition before the CGRF, South, Kottarakkara. The CGRF has dismissed the petition on finding that the bill dated 28-04-2016 for Rs.1,79,940/- is in order and directed the appellant to remit the amount within one month from date of receipt of the order. Aggrieved by the decision of CGRF, the appellant has submitted the appeal petition before this Authority. In view of the above discussions, the issuance of short assessment for an amount of Rs 1,79,940/- is illegal and not sustainable and hence it is hereby quashed. The respondent is directed to regularise the load of the appellant after inspection within a period of 30 days from the date of receipt of this order and report compliance. The order of CGRF in OP No. 132/2016 dated 19-12-2016 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs. |
| P/011/2017 Sri. Shajeev T.S. Kollam
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| The appellant, Sri Shajeev T.S. is an industrial consumer with consumer No. 9522 having connected load of 7 kW under Electrical Section, Chithara. He is running a flour mill in the compound of mini industrial estate at Chithara. While so on 5/7/2016, he was issued a short assessment notice for Rs.14,045/- with calculation statement, assessing for the period from 04/12 to 10/12 and 11/13 to 02/14, when the meter was found sluggish/faulty, on the basis of the audit of Regional Audit Office, Kottarakkara. Another short assessment notice for Rs. 10,799/- on 05-07-2016 was issued to the appellant for recovering the unrecorded portion of energy due to installation of insufficient capacitors. The appellant being aggrieved by this approached the CGRF, South, Kottarakkara, with petition No. OP 169/2016 and the Forum disposed of the petition vide its order dated 23-12-2016, as ordered below. i. “The short assessment bills issued on 05-07-2016 for Rs. 14,045/- is quashed. The respondent is directed to revise the bill for the period from 04/2012 to 10/2012 by taking the average consumption of succeeding 3 months after the meter replacement. ii. The petitioner shall remit the amount for Rs. 10,799/- for insufficient capacitor, within one month from the date of receipt of this order. iii. If any excess/deficit in amount, the respondent shall collect/adjust in the future bills.” The respondent revised the short assessment bill for Rs.14045/- and a fresh bill for Rs.8025/- was served on the appellant on 13-01-2017.Aggrieved by the decision of the CGRF, the appellant has submitted the Appeal petition before this Forum. In view of the above facts, the revised bill for Rs. 8025/- towards the short assessment during the alleged faulty meter period and the bill for Rs. 10,799/- towards the non installation of insufficient capacitor are hereby quashed. The order of CGRF in OP No. 169/2016 dated 23-12-2016 is hereby set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs. |
| P/012/2017 Sr. Superior, St. Anne's Nursing Home, Thiruvananthapuram.
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| Considering the above facts and legal provisions pertaining to the issue this Authority is of the considered view that the appellant’s premises is not eligible for LT VI A tariff. So, the appeal petition stands dismissed as it is found having no merits. The order of CGRF (South), Kottarakkara in OP No. 246/2016 dated 29th December 2016 is upheld. Having concluded and decided as above, it is ordered accordingly. No order as to costs. |
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