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Category: Orders
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Orders of Kerala Electricity Ombudsman  in pdf format
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P/025/2017 Sri Sajith V., Kozhikode

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M/s Indo PVC Conduits, East Kallai, Chalappuram, is an LT‐IV industrial consumer, under Electrical Section, Mankavu, having consumer No.19713. The registered connected load in the premises is 108 kW. The APTS of KSEB inspected the premises of the consumer on 28-01-2014 and found that the Current Transformer (CT) provided in the metering circuit is of ratio 150/5 and hence the multiplication factor (MF) is 30. On verifying the regular energy bills issued to the consumer, it was found that the CT ratio was wrongly taken as 100/5 (MF=20) instead of 150/5 (MF=30) from 03-02-2011 onwards. Thus the bills to the consumer were raised only for 2/3 of the actual energy he has consumed till 02/2014 due to error in MF used for billing. Hence a short assessment bill to recover the loss, amounting to Rs. 6,43,603/- was served to the consumer on 06-02-2014. Being aggrieved by the short assessment bill, the appellant preferred a petition before Consumer Grievance Redressal Forum, Kozhikode (Northern Region) as OP No. 117/2013-2014. The Forum disposed of the petition with a direction to restrict the assessment for a period of 2 years prior to the date of inspection, vide order dated 29-05-2014. The respondent preferred a review petition before the CGRF under Section 12 [A) of Electricity Regulations, 2005, to review the order in OP No. 117/2013-2014, on 04-12-2014, which was allowed by holding that the consumer is liable to pay the short assessment bill issued due to the correct multiplication factor from 03-02-2011. Aggrieved by this order, the appellant preferred this appeal before this Authority. The consumer does not dispute the error in the Multiplication Factor (MF) occurred to KSEB in raising his monthly bills nor its period of assessment. The consumer is bound to pay the charges for the electricity he has consumed. As per clause 24(5) of Electricity Supply code, 2005, if the Licensee establishes that it has under charged the consumer, by review or otherwise, it is open to the Licensee to recover the amount so undercharged from the consumer by issuing a bill. In this case, the respondent has only done that and so it is found that the consumer is liable to pay the bill dated 06-02-2014 for Rs. 6,43,603/‐, issued to him. The appellant shall be allowed to pay the full amount, without any interest up to 30th day of this order, if he prefers so. It is also decided that the consumer shall be allowed to pay the disputed bill, stated above, in 24 installments and the respondent shall intimate the ‘installment due dates’ within 10 days of the receipt of this order. The order of CGRF in the review petition 09/2014 in OP No. 117/2013-14 dated 05-12-2016 is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/023/2017 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 three phase service connection is 16008 under LT VI F tariff and is under the jurisdiction of Electrical Section, Pallikunnu. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 17-06-2016 directed the appellant to remit an amount of Rs. 3,74,003/- being the short assessment based on the findings that the meter was faulty during the period from 30-04-2014 to 12-11-2014. An objection against the demand was filed before the Assistant Engineer on 23-06-2016. The Assistant Engineer had disconnected the service connection on 30/09/2016 and also rejected the petition vide his letter dated 30-09-2016. So the appellant had approached the Hon’ble CGRF (NR) by filing a petition in OP No. 111/2016. The Forum ordered to dismiss the petition and directed to remit the short assessment bill. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above discussions, the issuance of short assessment for an amount of Rs. 3,74,003/- is not sustainable and hence it is hereby quashed. The order of CGRF in OP No. 111/2016-17 dated 16-01-2017 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/020/2017 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 three phase service connection is 22010 under LT VI F tariff and is under the jurisdiction of Electrical Section, Kolathur. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 15-03-2016 directed the appellant to remit an amount of Rs. 1,06,726/- being the short assessment based on the findings that the meter was faulty during the period from 10/2013 to 02/2014. An objection against the demand was filed before the Assistant Engineer on 17-03-2016. He rejected the petition without quoting any valid reason or regulations, and directed to remit the amount vide letter dated 17-03-2016. So the appellant had approached the Hon’ble CGRF (NR) by filing a petition in OP No. 71/2016-17. The Forum ordered to dismiss the petition and directed to remit the short assessment bill. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above findings, the short assessment for Rs. 1,06,726/- is hereby quashed. The order dated 20-12-2016 of CGRF (NR) in OP No. 71/2016-17 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.

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