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Orders of Kerala Electricity Ombudsman  in pdf format
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P/068/2019 Sri S. Subbiah M/s Hotel Anand, Kottayam

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The appellant Sri. S. Subbiah, Managing Partner, M/s Hotel Anand (LCN 11/S142) is a HT consumer under Electrical Circle, Kottayam. The appellant is aggrieved by an arrear bill of Rs.82,692/- along with the regular bill of 3/2019. The arrear bill pertains the regular bill for the month of 04/2011. Aggrieved by the arrear amount, the appellant filed petition before CGRF, Kottarakkara requesting to quash the bill. The Consumer Grievance Redressal Forum disposed the OP No.60/2019 filed by the appellant and ordered on 03-08-2019 that the amount demanded as arear is legally sustainable and the appellant is liable to pay it. Still aggrieved by the said order, the appellant has filed the Appeal Petition before this Authority on 02-09-2019. From the analysis done and the findings and conclusions arrived at, which are detailed above, this Authority take the following decision. The arrear amount for Rs.82,692/-, issued by the respondent as not maintainable before law and as such quash the same. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the consumer is allowed as it is found having merits and the petition stands disposed of accordingly. The order of CGRF, Kottarakkara vide OP No.60/2019 dated 03-08-2019, is set aside. No order on costs.
P/070/2019 - Smt. Shanima Ishak,, Kollam

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The appellant is the Managing partner of the M.G. Roller Flour Mill, an SSI Unit conducting flour making unit. The appellant is an HT consumer under Electrical Section, Thevalakara bearing customer No. LCN 16/7603 under HT 1(A) Industrial tariff with registered contract demand of 175 kVA. The inspecting authorities of TMR Thirumala conducted a field inspection in the Appellant's premises on 02.08.2017 and found that the PT Secondary RY and BY Voltages are low and hence the PT unit was suspected to be faulty. The Deputy Chief Engineer Electrical Circle Kollam has directed the Appellant to enhance the contract demand and to replace the PT unit with new PT of accuracy class 0.2 and to change CT with ratio 10/5 A to 15/5 A with accuracy Class 0.2S. The respondent has imposed penalty as 50% extra over the prevailing rate applicable both demand and energy for two months during which the appellant failed to replace the faulty metering component, and one month thereafter. The appellant has challenged the bill before the CGRF, Kottarakkara, who dismissed the petition vide order No.94/2018 dated 05-11-2018. Against this order of CGRF, the appeal petition submitted by the appellant before this Authority has disposed that as the appellant produced the newly procured CT and PT units before the KSEBL within the prescribed time limit, there is no need to impose 50% extra as penalty and the 50% extra imposed for three months over the prevailing rate applicable both demand and energy charge is quashed, vide order in appeal petition no. P/089/2018 dated 27-2-2019. The present appeal is against the short assessment bill amounting to Rs. 10,86,969/- issued by the respondent and requesting to set aside the orders issued by CGRF in RP No. 37/2019 in OP No. 154/2018 dated 24-07-2019. A short assessment bill of Rs. 10,86,969/- was issued to the appellant on 24-10-2018, based on the findings that the PT Secondary RY and BY Voltages are low and hence the PT unit was suspected to be faulty. So as to compensate revenue loss to the Board for the unrecorded portion of energy, the Assistant Engineer, Electrical Section, Thevalakkara, issued short assessment bill by directing to pay the amount for the period from 05/2017 to 09/11/2017. Aggrieved by the short assessment bill, the appellant filed petition before CGRF, Kottarakkara requesting to quash the bill. The Consumer Grievance Redressal Forum disposed the OP No.154/2018 filed by the appellant and ordered on 28-03-2019 that the bill issued is illegal and unsustainable. Against the findings of the CGRF, the respondent preferred a review petition as RP No. 37/2019 in OP 154/2018 which was allowed on a finding that "the short assessment bill issued by the review appellant as per Regulation 125 (1) of Kerala Electricity Supply Code 2014 is genuine" and corrected the page 4, the 8th paragraph of the order No. 154/2018 dated 28.03.2018 as "the short assessment bill issued by the respondent as per Regulation 125 (1) of Kerala Electricity Supply Code 2014 is sustainable. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition. From the conclusions arrived at as detailed above, I decide to quash the short assessment bills amounting to Rs. 10,86,969/- issued to the appellant. The respondent shall issue a revised bill to the appellant by deducting the penal assessment of 50% extra imposed for three months. The appellant shall remit only the electricity charge portion of the short-assessed amount. The respondent shall issue a revised bill within a period of 30 days from the date of this order and also shall allow instalments if the appellant desires so. Having concluded and decided as above it is ordered accordingly. The order of CGRF in RP No. 37/2019 dated 24-07-2019 in OP No. 154/2018 is modified to this extent. No order on costs
P/071/2019 The President, M/s Heavenly Plaza Owners Association, Ernakulam

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The appellant is Heavenly Plaza Owners Association representing owners of apartments in Heavenly Plaza Building consisting of 11+2 floors in Vazakkala Village, Kakkanad Municipality. The appeal is against the order dated 29-07-2019 of CGRF, Central Region, Ernakulam in the petition No. 04/2019-20. The appellant is still aggrieved by the order in not allowing the reliefs prayed by him before the Forum. The provisions made under, Clause 22 (d) of the Kerala State Electricity Regulatory Commission (CGRF and Electricity Ombudsman) Regulations, 2005, restricts the maintainability of the petition before this Authority where a representation for the same grievance by the complainant is pending in any proceedings before any Court, tribunal or arbitrator or any other authority or a decree or award or a final order has already been passed by any such Court, tribunal, arbitrator or authority. Here in this case, a writ petition filed by the respondent KSEBL before the Hon'ble High Court of Kerala is pending for its decision. Hence the appeal petition No. P/071/2019 filed by the appellant before this Authority is not maintainable for the reason stated above and the said petition stands dismissed and is ordered accordingly.

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