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Orders of Kerala Electricity Ombudsman  in pdf format
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P/053/2017 Sri. Jose Joseph Kottayam

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The appellant is a High Tension consumer under Electrical Section, Kidangoor vide Consumer No. HT/15/1954, with a contract demand of 140 kVA. The appellant is the Managing Partner of M/s Universal Rubbers which is a partnership firm engaged in the manufacture and sale of tread rubber. The appellant had submitted a complaint dated 20-10-2004 to the respondent on certain defects in the metering of electrical energy for the month of September 2004 as there was a huge increase in the recorded maximum demand without any additional load used in the premises. As directed by the official of TMR unit Pallom the CT/PT unit was repaired and the CT/PT unit and a new ToD meter were produced before the TMR Division for testing on 24-08-2005. The respondent rejected the CT/PT unit on the ground that the ratio of CT/PT was not matching with the contract demand and the appellant was asked to replace the same with a new one. An amount of Rs. 26,077/- (50% of the electricity bill of August 2005) towards penalty for faulty CT/PT was issued to the appellant. Again the appellant was issued another arrear bill amounting to Rs. 82,859/- with interest 24% per annum towards the penalty for faulty CT/PT and ToD meter for the months of 09/2005, 10/2005 and 11/2005. Aggrieving by this demands, the appellant approached the Hon’ble High Court of Kerala in W.P. (C) No. 8867 of 2006 which was disposed of with a direction to make an appropriate application before the CGRF having Jurisdiction over the area in question and to re-connect the electricity supply of the petitioner’s premises on condition of payment of Rs. 40,000/- within a period of one month, vide judgment dated 17th August 2016. Accordingly, the appellant filed a petition before the CGRF, Kottarakkara, requesting to quash the letter dated 24-08-2005 of the respondent directing to replace the CT/PT and to return the amount with interest to the petitioner which was illegally collected in the name of penalty and interest for the delay in installing CT/PT unit, with Petition No. OP 260/2016 and the Forum dismissed the petition due to lack of merit vide its order dated 30-03-2017. Aggrieved by the decision, the appellant has submitted the appeal petition before this Forum. The appellant was allowed one month time for replacement of the faulty items, vide letter dated 24-07-2005 by the Deputy Chief Engineer i.e., time allowed till 24-08-2005 and the appellant produced the repaired items within the time specified which was rejected on some technical grounds. The appellant purchased the new CT/PT on 19-10-2005 and produced for inspection as directed by the Dy. Chief Engineer, Electrical Circle, Pala, but the commissioning of the same delayed up to 21-11-2005 not because of the fault of the appellant. In view of the above discussions, the issuance of bills for Rs. 26,077/- and Rs. 82,859/-is hereby quashed. Penalty of 50% extra charged is limited from 25-08-2005 to 19-10-2005 and the respondent shall issue revised bills accordingly. Excess amount if any, collected shall be refunded with bank interest applicable. The revised orders shall be issued within a period of 15 days from the date of receipt of this order. The order of CGRF in OP No. 260/2016 dated 30-03-2017 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/063/2017 Swami Chaithanya Jnana Thapaswi Thiruvananthapuram

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The three phase service connection with consumer No.10623 (new consumer No. 23794) is effected in the name of Santhigiri Medical College, Palakkad under Electrical Section, Thathamangalam and the existing tariff is LT VI F. The connected load of the premises is 68000 Watts. As per the schedule of tariff and terms and conditions for retail supply by KSEB, self financing educational institutions including hostels come under LT VII A tariff with effect from 01-12-2007. Before 01-12-2007, all self financing educational institutions were billed under LT VI A tariff. The respondent had billed the appellant mistakenly under IT VI A tariff during the period from 12/2007 to 10/2008 and to recoup the difference of tariff from VI A to VII A, the appellant was issued a short assessment bill for Rs. 2,22,416/- on 22-11-2008. Against this, the appellant filed WP(C) No. 36758/2008 before the Honourable High Court of Kerala and the Hon'ble High Court as per order dated 15th December 2008 permitted him to pay the electricity charges under LT VI A tariff for a period of one month from the date of the order. On 07-08-2009, another short assessment bills for an amount of Rs. 1,09,042/- for the period from 11/2008 to 4/2009 and for an amount of Rs. 38,710/- for the period from 11/2009 to 12/2009 were issued to the appellant and the same are pending for payment. Aggrieved by this, the appellant approached with a petition before CGRF, Kozhikode. The petition was dismissed by the CGRF vide order in OP No. 112/2016-17 dated 06-05-2017. Not satisfied with the above order, the appellant has filed this appeal petition before this Authority. From the analysis done and the Findings arrived at, I take the decisions as; (1). Exactly following the decision of the Hon High Court stated above, the appellant shall pay the monthly bills under LT VII‐A tariff from the date of detection of the wrong tariff fixed to the party i.e. from the month of 11/2008 onwards and short assessment bill dated 22-11-2008 raised for Rs. 2,22,416/- for the arrears of the period prior to that month (11/2008)and the interest of Rs.4,77,930/- shall be kept pending. But the same will be subject to the result of the judgment in the batch of SLP’s pending before the Hon: Supreme Court on the issue of electricity tariff applicable to Self Financing Educational Institutions and the respondent shall act as per the verdict, on its pronouncement. (2). It is clarified that the disputed short assessment bill dated 10-08-2009 for an amount of Rs. 1,09,042/- for the period from 11/2008 to 4/2009 and for an amount of Rs. 38,710/- for the period from 11/2009 to 12/2009, issued to the appellant shall be payable by the appellant within a period of 30 days from the date of receipt of this order. (3). The order in OP No. 112/2016-17 dated 06-05-2017 of CGRF, Kozhikode stands modified to this extent. Having decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is disposed of with the said decisions taken and issued. No order on costs.
P/060/2017 Smt. Archana V.S. Thiruvananthapuram

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The Appellant, Smt. Archana V.S. is a registered consumer of Electrical Section, Peroorkada having Consumer No. 32149 under Electrical Sub Division, Vellayambalam. The appellant has applied for a three phase electric connection under domestic tariff. The appellant was directed to remit an amount of Rs. 27,240/- as per the estimate prepared for effecting the service connection and he had remitted amount under protest along with security deposit of Rs. 2,400/-. The complaint of the appellant is that the respondent collected excess amount towards the expense of electricity supply than the amount authorized under the regulation in Supply Code. Being aggrieved, she filed petition before the CGRF, Kottarakkara and not satisfied by its decision to dismiss the petition, the appellant has filed the appeal petition. From the analysis done and the conclusions arrived at, which are detailed above, I take the following decisions. The respondent shall evaluate the works based on the actual quantities of the expenditure reasonably incurred and excess remittances if any, shall be refunded by adjustment in the monthly current charges/ direct refund within a period of one month. The order dated 06-03-2017 issued by the CGRF, Kottarakkara, in Petition No. 295/2016 is modified to this extent. Having concluded and decided as above, it is ordered accordingly. No order on costs.

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