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Orders Files: 630
Orders of Kerala Electricity Ombudsman  in pdf format
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P/029/2017 Sri. P.K. Prathapan, Thrissur

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The appellant is running a hotel named Sidhartha at Chalakudy, under the jurisdiction of Electrical Section, Chalakudy having consumer number LCN 3/6330. The tariff assigned is HT IV and the contract demand is 165 kVA. The energy meter of the appellant was changed on 21-07-2015. On 21-01-2016, the CT, panel board and associated equipments were damaged due to short circuit. There was no supply for 3 days and unmetered supply was given to the appellant till commissioning of new CT on 12-02-2016. It is revealed from the data downloaded from the meter, by the TMR, Angamaly, there was one phase voltage (B phase) missing from 24-09-2015 to 12-02-2016 and recommended to review the bills for the above periods. Accordingly, the party was served with a provisional short assessment bill on 17-11-2016, when the meter was found recording less than the actual, so as to recover the unrecorded portion of energy, for Rs. 6,21,788/-. The consumer lodged complaint before the CGRF, Ernakulam, with Petition No. 108/2016-17 and the Forum held that the short assessment bill is in order and allowed 15 installments to remit the amount. Aggrieved by the decision, the appellant has submitted the Appeal petition before this Forum. From the analysis done and the conclusions arrived at, which are detailed above, I take the following decisions. 1. Revise the bill for the period from 24-09-2015 to 12-02-2016 exempting 3 days of interruption during the period, based on the average consumption of March, April and May 2016. 2. Granted 10 monthly instalments without interest, and the 1st installment shall be paid within 30 days of the issue of this order and the respondent shall intimate the ‘installment due dates’ within 10 days of the receipt of this order. Having concluded and decided as above, it is ordered accordingly. The order of CGRF in petition No. 108/2016-17 dated 04-02-2017 is modified to this extent. No order on costs.
P/041/2017 Smt. Vijayakumari L., Alappuzha

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Smt. Vijayakumari L, Sadhu Mandiram, Puthupally P.O., Kayamkulam, Alappuzha, consumer of Electrical Section, Krishnapuram with consumer number 10117, has filed an appeal petition dated 07-04-2017 before this Forum and stands numbered as P/041/2017. The appeal is against the order dated 25-03-2017 of CGRF, Ernakulam, in the Petition No. CGRF-CR/Comp.120/2016-17, filed before it. The appellant alleges that the OH Electric line drawn through the 3 feet width road has no enough clearance from her house and it is unsafe for the appellant’s family. Two separate civil suits filed by the appellant and her neighbor Sri. Swaminathan are pending before the Hon’ble Munsiff Court, Kayamkulam regarding the disputed pathway. A complaint filed by the appellant in this regard is also pending before the District Collector. Meanwhile, she also filed a petition before the CGRF, Ernakulam on 11-01-2017, upon which the CGRF has ordered as; “The entire issue in this case is now pending before the Hon’ble District Collector, Alappuzha and two connected civil suits are pending before the Hon’ble Munsiff Court, Kayamkulam regarding the disputed pathway. Hence the Forum decided to abstain from passing an order for shifting the line from the disputed pathway by citing the above observations”. Aggrieved by the said order of CGRF, the Appellant has filed the Appeal Petition, before this Authority. For the reasons detailed above, the appeal petition, filed by the appellant stands dismissed as it is found not maintainable before this Forum. The action of CGRF, Ernakulam in the Petition No CGRF-CR/Comp.120/2016-17 dated 25-03-2017 is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/030/2017 Smt. Indira Bhai B, Ernakulam

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The appellant has filed the appeal petition, being aggrieved at the inaction of KSEB to shift the transformer installed in her property, situated under Electrical Section, Ayathil, in Kollam District. She alleges that the said transformer was erected long ago in her property without obtaining her consent. She owns about 5½ cents of land and due to the installation of transformer she finds obstructions for free use of the property. Though the appellant had approached the KSEB for shifting the transformer, they had not taken any action. Aggrieved by the inaction of KSEBL, the appellant filed a suit before the Hon’ble Munsiff Court, Kollam in OS 361/2009. Since no proper action was taken on the petition by the respondent,, she has also filed petition before the CGRF, South, Kottarakkara vide Petition No. OP No. 285/2016 and the CGRF has disposed it by order dated 02-02-2017, with the remarks as; “Hence the Forum views that as the case is pending before the Munsiff Court, Kollam in OS 361/2009, the Forum does not want to interfere the case in the present position. The respondent shall take action according to the order of the Hon’ble Munsiff Court, Kollam.” Still aggrieved by the said order, the appellant has filed the appeal petition, before this Authority. Since a suit filed by the respondent lies before the Court and in the light of the above provision under 22(d) of KSERC Regulations 2005, which restricts the maintainability of the petition filed for the same cause of action and relief, the appeal petition filed by the appellant, need no further action at this Forum and hence needs to be rejected. For the reasons detailed above, the appeal petition, filed by the appellant stands dismissed as it is found not maintainable before this Forum. Having concluded and decided as above, it is ordered accordingly. No order on costs.

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