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Category: Orders
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Orders Files: 1255
Orders of Kerala Electricity Ombudsman  in pdf format
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P/090/2018 Sri. Shaji Ayyappan Ernakulam

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A three phase electricity connection bearing consumer number 12626 under the jurisdiction of Electrical Section Eroor has been given to the appellant under LT VII A commercial tariff with a sanctioned load of 16.7 kW for the purpose of running the office of Shwas Homes Pvt Ltd. An inspection was conducted in the premises on 29th March 2014 by the APTS wing of KSEBL and reported that there is an unauthorized addl. load of 11kW connected to the appellant’s premises and the appellant was penalized for the unauthorized additional load both for fixed charges and proportionate energy charges, amounting to Rs. 3,32,545/-. The matter was taken up before the Appellate Authority by the appellant and the Authority set aside the final order of the Assessing Officer, limited the penalty to only 13 days from 17.3.2014 to 29.3.2014 and directed KSEBL to revise the penal bill issued. Being aggrieved, the respondent challenged the order of the Appellate Authority before the Hon. High Court of Kerala vide WP (C) No. 34346/15 and the case is still pending for disposal. Meanwhile, on 07.07.2018, the appellant filed complaint No. 32/2018-19 before the Consumer Grievance Redressal Forum (CGRF) to refund the penal part for UAL in the monthly bills issued to the Appellant from May 2014 to January 2018 and to revise those monthly bills served to the appellant on the reason that the same was not based on the actual consumption. The CGRF, Central Region, Ernakulam dismissed the petition stating that the case relating to penalization of UAL is pending before the Hon'ble High Court of Kerala and has no jurisdiction to entertain the complaint, vide order No.32/2018-19 dated 13-11-2018. 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 assessment made and its continuance in monthly bills 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 penal monthly assessment of the Assessing Officer, 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.
P/087/2018 Sri Gayan T.S., Ernakulam

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The appellant has filed an appeal petition in P/087/2018, being aggrieved by the decision taken by the CGRF to remit the labour charges for the shifting of the electric post situated in the property of the appellant near to the compound wall. The appellant is a domestic consumer under Electrical Section, Eloor having consumer number 1053. The appellant finds difficulty to construct a new house in his property. The appellant has filed petition before the CGRF, Ernakulam vide Petition No. OP No. 18/2018-19 and the CGRF has disposed it by order dated 29-09-2018 as follows: "(1) the respondent is directed to revise the estimate by taking labour charges alone for shifting the electric posts and lines within one week from the date of receipt of this order. 2) also directed to shift the electric post and line as per the sketch submitted by the respondent within 15 days from the date of remittance of the labour charges by the petitioner." Accordingly the respondent has prepared an estimate of Rs. 6,090/- and directed the appellant to remit the amount. Still aggrieved by the order of the CGRF, the Appellant has filed the Appeal Petition before this Authority. From the analysis done above and the conclusions arrived at, this Authority upheld the decision taken by the CGRF in OP No.18/2018-19 dated 29-09-2018. The appellant’s plea to waive the labour is also rejected. The appeal is found devoid of any merits and hence dismissed. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/086/2018 Dr. Stephan Kuruvila Kottayam

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The service connection bearing consumer No. 5003, under KSEB Punja Section, Pallom was originally stand registered in favour of Sri Jacob Kuruvila. The connection was disconnected on 06-04-2016 due to non payment of electricity bill and on 15-02-2018 a dismantling notice was stuck near the meter. The grievance of the appellant is that he was not issued a notice either through post or in person before disconnecting the connection. The appellant’s version is that he had remitted Rs. 50/- for tariff change on 05-05-2018. The complaint of the appellant is that a bill of Rs 4779/- as arrear was accrued due to non issuance of the electricity bills and his application for tariff change was not processed properly and delayed unnecessarily. The appellant aggrieved by this arrear bill and delay for tariff change, then approached the CGRF praying for a direction to set aside the arrear demand notice issued and to change the present tariff. The Forum dismissed the petition vide Order OP No. 93/2018 dated 28-09-2018 and also directed the appellant to apply for tariff change with required documents. Aggrieved by the decision of the CGRF, the consumer has filed the Appeal Petition before this Authority. From the analysis done above and the conclusions arrived at, I take the following decision. The surcharge of Rs. 875/- is exempted from the payment of arrears by the appellant. Connection can be effected under the eligible tariff after obtaining application with required documents as per rules, if the appellant desires so. The order of CGRF, Kottarakkara in OP No. 93/2018 dated 28-09-2018 is set aside. Having concluded and decided as above, it is ordered accordingly. No order on costs.
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