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Orders Files: 630
Orders of Kerala Electricity Ombudsman  in pdf format
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P/035/2017 Sri. Arun R Chandran, Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the three phase service connection is 17654 under LT VI F tariff and is under the jurisdiction of Electrical Section, Kundara. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 27-07-2016 directed the appellant to remit an amount of Rs. 94,200/- being the short assessment based on the findings that the meter was faulty during the period from 08/2012 to 06/2013. An objection against the demand was filed before the Assistant Engineer on 16-08-2016. He rejected the petition without quoting any valid reason or regulations, and suggested to approach the concerned Forum or Authority after remitting half of the amount assessed or to remit the amount vide letter dated 23-09-2016. So the appellant had approached the Hon’ble CGRF (SR) by filing a petition in OP No. 251/2016. The Forum quashed the impugned bill and directed the respondent to issue the split up bills for the door locked period of 11/2012 and 12/2012 and for the meter faulty period for 03/2013 and 04/2013. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above discussions, the issuance of revised short assessment for an amount of Rs. 46,790/- is not sustainable and hence it is hereby quashed. The order of CGRF in OP No. 251/2016 dated 06-03-2017 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/034/2017 Sri. Arun R Chandran, Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the three phase service connection is 18942 under LT VI F tariff and is under the jurisdiction of Electrical Section, Kundara. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 27-07-2016 directed the appellant to remit an amount of Rs.52980/- being the short assessment based on the findings that the meter was faulty during the period from 07/2014 to 11/2014. An objection against the demand was filed before the Assistant Engineer on 16-08-2016. He rejected the petition without quoting any valid reason or regulations, and suggested to approach the concerned Forum or Authority after remitting half of the amount assessed or to remit the amount vide letter dated 23-09-2016. So the appellant had approached the Hon’ble CGRF (SR) by filing a petition in OP No. 250/2016. The Forum quashed the impugned bill and directed the respondent to issue a revised bill for the meter faulty period from 09/2014 to 10/2014. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above findings, the revised short assessment for Rs. 12,494/- is hereby quashed. The order dated 28-02-2017 of CGRF (SR) in OP No. 250/2016 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/039/2017 M/s Hamsaveni Carbides, Kanjikode, Palakkad.

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M/s Hamsaveni Carbides is a HT consumer (Consumer No. HTB‐5/5075) with a contract demand of 500 kVA under Electrical Section, Kanjikode, Palakkad and is represented by Sri. K. A. Abdul Jabbar, Manager. M/s Hamsaveni Carbides was engaged in the manufacture of calcium carbide, which is classified as power intensive unit. Since the consumer has defaulted in paying electricity charges, the connection was disconnected on 11-10-2002. Later, the service connection to the Firm was dismantled on 30-05-2003, as the appellant failed to clear the dues within a period of six months, as per law. The Government grants the benefits of waiver minimum demand charges during the period of disconnection and dismantlement. By pursuing the concessions granted by the State Government for closed industries, the appellant applied for reconnection. The respondent demanded to the appellant to pay the distribution and transmission cost for a new 22 kV feeder and also to pay the proportionate cost for enhancing capacity of 220 kV substation, Kanjikode. The appellant was directed to pay the cost of drawing new feeder in the distribution side and the cost of installing a circuit breaker and a feeder bay inside the substation in the transmission side amounting to Rs. 7,07,562/- and Rs. 14,00,000/- respectively. A sum of Rs. 11,00,000/- was also demanded by the transmission wing towards the proportionate cost for enhancement of the substation capacity. Aggrieved by the above demands, the appellant approached the Hon’ble High Court of Kerala, by filing a writ petition in W.P.C. No.31193/2012 seeking to quash the above demands raised by the respondent. The appellant has a case in this writ petition that no such amount is payable. The Hon’ble Court held that the remedy of the appellant is to challenge the demand by approaching the Forum provided for raising such complaints. The Writ Petition was dismissed without prejudice to the petitioner to approach the Consumer Grievance Redressal Forum as provided under the Kerala State Electricity Regulatory Commission (CGRF and Electricity Ombudsman) Regulations, 2005. Accordingly the appellant filed a petition before the CGRF. The CGRF has decided that the complaint itself is not maintainable, as the Forum found that the rates and quantum of works in the estimates are in order and accordingly dismissed the Petition. This appeal petition is filed as the appellant is aggrieved by the order dated 18-01-2017 of CGRF, Kozhikode in OP No. 60/2015-16 on the issue stated above among other things. From the analysis done and the findings and conclusions arrived at, which are detailed above, I take the following decisions. The final accounts of each work, for which amount has been collected by KSEB to provide the electric supply to the appellant, may be prepared and the actual cost estimate be arrived at, incorporating the revisions as ordered above by this Forum, within three months of this order and the same shall be communicated appellant. The excess amount if any shall be refunded with interest. The Order No. OP 60/201-16 dated 18-01-2017, 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 as to costs.

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