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Orders Files: 924
Orders of Kerala Electricity Ombudsman  in pdf format
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P/004/2020 Smt. Valsa K.K., Alappuzha

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The Appellant is the Managing Director of a small-scale industrial unit viz; M/s. Lakshmi Ice and Cold Storage, Aroor under low tension (LT) industrial tariff with consumer number 8437 under Electrical Section, Aroor. The power meter at the premises of the consumer was changed on 25.08.2003 due to the meter showing less consumption. The monthly average consumption recorded before changing the faulty meter was 1077 units (2/2003 to 8/2003) and the monthly average consumption increased to 15244 units after the meter changed on 25.08.2003 (consumption taken from 25.08.2003 for 90 days). Hence the respondent issued a short assessment bill for Rs. 296129/- dated 27.04.2004 to the consumer to compensate the loss sustained to KSEBL during the meter faulty period. The appellant filed Writ Petition WPC 14339 of 2004 against the bill before the Hon'ble High Court of Kerala. In compliance of the order dated 04.06.2004 of the Hon'ble High Court, the appellant remitted Rs.74033/- (25% of the bill amount). As per the final judgement dated 17/12/2018 in WP. No. 14339 of 2004 of Hon'ble High Court, the appellant filed appeal before Assistant Executive Engineer, Electrical Sub Division, Poochakkal on 25/3/2019. The Assistant Executive Engineer, Electrical Sub Division, Poochakkal vide order dated 24.06 2019 confirmed the bill dated 27.04.2004 for Rs.296129/-. The consumer filed complaint before the CGRF against this order and the Forum upheld the assessment bill issued by KSEBL. The appellant filed an appeal against the order in OP No.42/2019-20/395/Dated: 16.12.2019 of CGRF before this Authority on 20-01-2020. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill amounting to Rs. 296129/-issued to the appellant. The respondent shall refund Rs. 74033/- to the appellant with the applicable interest. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the appellant stands disposed of as such. The order of CGRF, Ernakulam in OP No.42/2019-20 dated: 16.12.2019 is set aside. No order on costs.
P/015/2020 Sri. K.M. Mathew, Pathanamthitta

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The appellant is a domestic consumer under Electrical Section, Thiruvalla bearing consumer number 11139. The appellant was aggrieved by the bill issued in 05/2019 amounting Rs. 19,524/- for the consumption recorded as 1396 units and lodged a complaint before the Section authorities disputing the accuracy of the respective energy meter at the premises. The disputed energy meter was replaced for testing and test report shows that the disputed meter was faulty. So, the disputed bimonthly bill for Rs. 19,524/- was revised based on the average consumption after replacement of the meter as 817 units bimonthly. The appellant’s grievance in this petition is that he had remitted excess electricity charges more than his actual energy consumption for the past ten years due to the faultiness of the meter and hence requested to refund the excess amount remitted by him. The appellant had approached the CGRF, Kottarakkara by filing a petition in OP No. 130/2019. The Forum disposed of the case in favour of KSEBL and dismissed the petition due to lack of merit, vide order dated 29-01-2020. Against the decision, the appellant has submitted this appeal petition before this Authority on 18-02-2020. For the reasons detailed above, the appeal petition No. P/015/2020, filed by the appellant stands dismissed as it is found having no merits. The order dated 29-01-2020 in OP No. 130/2019 of CGRF, Kottarakkara is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/013/2020 Sri. B. Soman, Thiruvananthapuram

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The appellant is a domestic 3 phase service consumer bearing consumer No. 14170 under Electrical Section. Poonthura. Average bills were issued to the appellant from 10/2016 for 318 units as the meter was found faulty. The appellant was aggrieved by the bills issued for the average consumption recorded as 318 units bimonthly. Aggrieved by this, the appellant had approached the CGRF, Kottarakkara by filing a petition in OP No. 113/2019. The Forum disposed of the case in favour of KSEBL as the bills were issued based on the previous average of three billing cycles and that the appellant is liable to pay the bill, vide order dated 11-12-2019. Against the decision, the appellant has submitted this appeal petition before this Authority on 17-02-2020. From the analysis done above and the conclusions arrived at, this Authority takes the following decisions. Under the provisions of Regulation 134 (2) of Kerala Electricity Supply Code, 2014, I am fully convinced that the request of the appellant is reasonable and justifiable. Hence this Authority decide that the order of the CGRF stands quashed. The respondent shall revise the bills issued from 04/2017 to 12/2018 for the average consumption as 200 units. The excess amount collected from the appellant for the period from 04/2017 to 12/2018 shall be refunded by the respondent. The refund shall be made within 30 days of receipt of this order with applicable interest. The amount of refund so calculated may also be communicated to the appellant with details. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed to this extent. The order of CGRF, Kottarakkara in Petition No. OP 113/2019 dated 11-12-2019 is set aside. No order on costs.

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