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Orders of Kerala Electricity Ombudsman  in pdf format
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P/096/2019 Sri. Mohan Rajan Kottayam

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Sri Mohan Rajan, the appellant in Appeal Petition No. P/075/2018, had obtained a 3 phase Electric connection with consumer No. 14332 in Electrical Section, Gandhi Nagar under MG (Minimum Guarantee) scheme on 10-03-2008 with a connected load of 38 kW, for running a pipe manufacturing unit under LT-IV industrial tariff. The MG period for which the consumer is bound to pay the minimum amount as per the Agreement was for seven years from 3/2008. The appellant stopped the unit in 2014. The appellant had remitted MG amount up to 02/2014 only and submitted an application for disconnection of the electric service connection on 03-07-2014 since he faced difficulty to run the factory and finally the service was dismantled on 17-11-2014. In order to realize the arrear amount and the balance MG amount a notice was served to the consumer on 11/09/2014 for Rs. 86,443/-. The consumer challenged the arrear before the Consumers Grievance Redressal Forum (South) by filing OP No. 1275/2014 and the CGRF by its order dated 03/02/2015 directed to reassess the impugned amount subject to the self remuneration condition of the line and transformer. The impugned bill for Rs. 86,443/- was revised to Rs. 26,304/- excluding the MG amount of Rs. 60,139/- which includes demand charges for Rs. 25,830/-, meter rent Rs. 474/- and surcharge Rs. 14,993/-. Against the bill the consumer again approached the CGRF and the Forum quashed the bill issued to the appellant and directed KSEBL to revise the bill excluding surcharge portion. Accordingly after waiving surcharge amount, a revised bill was issued to the appellant on 14/06/2018 for Rs. 26,304/-. Against the bill again the appellant approached the CGRF with a review petition and the same was rejected by the Forum on 4/8/2018. Not satisfied with the decision of the CGRF, the appellant filed appeal petition before this Authority. As directed by the Hon. High Court of Kerala, the subject case is re-examined and after obtaining further basic data used for the preparation of demand charges, the following modifications in the order in Appeal Petition No. P/075/2018 dated 26-11-2018 is ordered considering the facts analysed as above. It is decided to quash the belated surcharge for Rs. 3,793/- and the respondent shall issue a fresh bill for Rs. 22,511/- (Rs. 26,304/- - Rs. 3,793/) within 15 days of receipt of this order. Since the respondent has adjusted the security deposit amount Rs. 17,408/-towards the regular energy charge for 3/2014 and 4/2014 amounting to Rs. 13,615/- and belated surcharge for Rs. 3,793/- from 4/2014 to 12/2014, the refund of security deposit ordered is also set aside. The appellant’s claim for surplus amount remitted under MG scheme for the period from 10-03-2008 to 01-11-2010 is not allowed, as ordered in P/075/2018. The order issued in P/075/2018 dated 26-11-2018 is revised and modified as ordered above to this extent.
P/083/2019 Sri. Johny K.L. Thrissur

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The appellant has filed an appeal petition in P/083/2019, being aggrieved by the decision taken by the CGRF in OP No. 20/2018-19 dated 25-09-2019. The appellant is a domestic consumer under Electrical Section, Pudukad having consumer number 7588. The request of the appellant is to shift the pole under dispute to a convenient location. The CGRF, Ernakulam has disposed the petition filed by the appellant with the following orders. "(1) petition is dismissed due to lack of merit. (2) The respondent is directed to carry out necessary maintenance of the line after observing rules and ensuring adequate clearance within a week’s time. Still aggrieved by the order of the CGRF, the Appellant has filed the Appeal Petition before this Authority on29-10-2019. From the findings and conclusions arrived at as detailed above, I decide as follows: 1. The respondent shall maintain the line for ensuring the safe distribution of electricity and clearance shall be maintained as per rules. 2. The respondent shall look into the possibility of replacing the existing overhead line to Aerial Bunched Cables, if the cost is met by either of the affected parties. Having concluded and decided as above, it is ordered accordingly and the Appeal Petition filed by the appellant, stands allowed to the extent ordered. No order on costs.
P/087/2019 Sr. Teris S.D . Angamaly

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The appellant is a consumer under Electrical Section, Karukutty bearing consumer number 331 under LT VI G tariff with a connected load of 73 kW. The Section officials had conducted an inspection in the premises of the appellant and detected that the tariff assigned to the consumer is wrong and the tariff of the appellant reassigned to LT VI A from 01-07-2014. Again, the tariff assigned for this appellant was changed to LT VI D, which is the tariff assigned for old age homes run by charitable institutions or social organizations or non-governmental organizations as per tariff order published in Extra Ordinary Gazette No.782 dated 21-4-2017. The tariff LT VI D was effected on 01-06-2017 by the respondent based on the registration under Cultural, Scientific and Charitable Act 1955 and 12 A A registration for Income tax exemption. As per the respondent the correct tariff to be assigned to the appellant is LT VIG and accordingly the tariff was changed to VI G w.e.f. 01-3-2019. Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 443706/- was served on 30-04--2019 towards the undercharged amount due to wrong fixation of tariff for the period 7/17 to 3/19. Aggrieved against this, the appellant approached with a petition before CGRF (Central), Ernakulam, which was disposed of by the Forum vide order in OP No. 14/2019-20 dated 03-09-2019 by dismissing the petition and allowed instalment facility. Against the above order, the appellant has filed this appeal petition before this Authority with a request to quash the short assessment bill, on 18-11-2019. Considering the above facts and legal provisions pertaining to the issue, the short assessment bill for Rs. 4,43,706/- is quashed. The respondent shall revise the short assessment bill for the energy charge and limiting the fixed charge by taking 25% of the total connected load of 73 kW for the disputed period. So, the appeal petition stands allowed to this extent as it is found having merits. The order of CGRF in No. 14/2019-20 dated 03-09-2019 is set aside. No order as to costs.

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