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Category: Orders
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Orders of Kerala Electricity Ombudsman  in pdf format
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P/091/2018 Smt. Pennamma Varghese Alappuzha

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The appellant having the domestic service connection bearing consumer number 1501 under Electrical Section, Kuthiathode had filed a complaint before the CGRF, Ernakulam requesting to shift the electric line drawn near to the roof of her residence which was shifted from the neighbour’s property recently by the respondent. The CGRF, Ernakulam, dismissed the petition vide order No. 51/2018 dated 22-12-2018, as it is found that the existing two line cross arm in the electric post is replaced by four line cross arm and at present the horizontal and vertical clearance from the residence building is as per existing rules and regulations. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Forum. From the analysis done above and the conclusions arrived at, the appeal Petition No. P/091/2018 filed by the appellant stands dismissed as it is found not maintainable before this Authority. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/092/2018 Sri. Joseph Mathew Kottayam

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The appellant is a consumer under Electrical Section, Pampady having consumer number 15340 under tariff LT VI D with connected load of 5660 watts. A penal bill for Rs. 1,15,995/- was issued to the appellant after an inspection conducted by the APTS, KSEBL on 16-06-2018. It is found in the inspection that the service connection availed under LT VI D was misused for domestic purposes for which tariff under LT I A with higher rate is applicable and also connected unauthorized additional load of 10214 over and above the the sanctioned load of 5660 watts. The appellant filed a complaint before the CGRF, Kottarakkara against the assessment made under Section 126 of Electricity Act 2003. According to the respondent, the matter of the complaint is an assessment under Section 126 of the Act and the CGRF is barred from entertaining such complaints in view of regulation 2 (1) (f) (vii) (1) of the KSERC (CGRF and Electricity Ombudsman) Regulations, 2005. Accordingly the Forum held that it was improper to entertain the complaint and directed the appellant to approach the Appellate Authority, vide order No.103/2018 dated 10-10-2018. But without complying the said order of CGRF, this appeal petition was filed before this Authority. In view of the above factual position I don’t find any reason to interfere with the findings and decision taken by the CGRF, Kottrakkara in this case and hence the order of CGRF No. 103/2018 dated 10-10-2018 is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs
P/088/2018 Smt. Vijayaleksmi Amma Kollam

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The appellant is a consumer of electricity bearing Consumer No. 25124 of Electrical Section, Kottarakkara West, in LT IV A tariff. A Surprise inspection was conducted jointly by the officials of APTS, Kollam and Section officials on 17.06.2011 in the premises of the consumer and detected unauthorized connected load (UAL) to the tune of 96713 watts in addition to the registered load of 14742 watts and the appellant was issued a provisional assessment bill for Rs. 2,56,925/- on 22-06-2011. Later on 22-07-2011, final assessment order was issued revising the assessment to Rs. 2,14,209/-.The matter was taken up before the then Appellate Authority, the Deputy Chief Engineer, Electrical Circle, Kottarakkara by the appellant and the assessment was upheld by the Authority. Being aggrieved, the respondent challenged the order of the Appellate Authority before the Hon. High Court of Kerala vide WP (C) No. 5001 of 2012 and the Hon. High Court of Kerala set aside the assessment orders and remanded the case to the Assessing Officer for proceeding afresh. Pursuant to the orders in the writ petition, the Assessing Officer had disposed the case, revising the assessment to Rs.2,14,016/- for the period from 11/2010 to 06/2011. Aggrieved by this, the appellant filed appeal before the Appellate Authority and the Authority set aside the final order of the Assessing Officer and directed the respondent to issue revised assessment in LT IV A tariff on account of 88454 watts UAL, vide order No.55/2016 dated 15-06-2016. Accordingly the demand was revised to Rs.1,21,576/- and the appellant remitted the entire amount, after making adjustments of the earlier remittances. Meanwhile, on 12.04.2018, the appellant was directed to remit an amount for Rs.1,19,060/- as penal bill for unauthorized use of energy from 07/2011 to 04/2012 for the date of inspection to the date of regularization. Aggrieved against this demand, the appellant filed complaint No.90/2018 before the Consumer Grievance Redressal Forum. The CGRF, Kottrakkara, dismissed the petition vide order No.90/2018 dated 05-11-2018. Aggrieved by the order of the CGRF, the appellant has submitted this appeal petition before this Forum. Since in this case, the grievance has arisen out of the detection of unauthorized load and the penal short assessment bill made under Section 126 of the Electricity Act, 2003, it is clear that the petition itself is not maintainable before the CGRF or the Electricity Ombudsman as per the KSERC Regulations. That is any dispute or complaints pertaining to such matters are not maintainable before the CGRF and Electricity Ombudsman, as per Clause 2(1)(f)(vii)(1) of KSERC (CGRF & Electricity Ombudsman) Regulations, 2005. Hence I decide that the Appeal Petition filed before this Authority by the appellant is not maintainable. The appellant is free to file an appeal against the subsequent penal assessment bill, under Section 127 of Electricity Act, 2003. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellants’ stands disposed of with the said decisions. No order on costs.
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