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Category: Orders
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Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/027/2018 - Smt. Lekshmi T., Kollam

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The appellant Smt. Lekshmi. T. is running an ENT hospital in the name ‘KERF’ under Electrical Section, Olai bearing Consumer No.7521 under VI G tariff with connected load of 68 KW having a contract demand of 35 kVA. While so, on 05-10-2017, the APTS of KSEBL, Kollam conducted an inspection in the premises and found that the energy used in one phase (out of 3 phases) was not recording in the meter (missing of B phase voltage) and unauthorized additional load to the extent of 45 KW(sanctioned load at the time of inspection was 25 KW). Accordingly, the appellant was served with a provisional short assessment bill, for the failure to measure power of all the three phases due to missing of voltage in B phase from 04/2014 to 10/2017, so as to recover the revenue loss of the unrecorded portion of energy, for Rs. 4,02,475/-. The appellant filed objection before the Assessing officer, the Asst. Engineer, against the said assessment. Hence the provisional assessment was reduced to Rs. 2,04,170/- as the final assessment for the period 11/2015 to 10/2017. Aggrieved against this, the appellant filed Petition vide complaint No.539/2017 before the CGRF,SR, Kottarakkara and the CGRF held that the short assessment bill issued by the respondent for two years from 11/2015 to 10/2017 as per Regulation 152 of Supply Code, 2014 is genuine and sustainable, vide its order dated 05-03-2018. Aggrieved against this, the appellant has submitted the appeal petition before this Authority. From the findings and conclusions arrived at as detailed above, I decide to set aside the short assessment bill amounting to Rs. 2,04,170/- issued to the appellant. The respondent is directed to revise the bills for the consumption for the period of 24 months prior to 04/2014 by taking an average consumption of 2820 units i.e. the average consumption of 03/2014, 02/2014 and 01/2014. Accordingly the respondent shall raise a bill for the meter faulty period from 11/2015 to 10/2017, with the difference of (67680–48040) = 19640 units and issue the revised bill to the consumer within fifteen days. The appellant is also eligible for installments, if requested for, and the respondent shall issue the same. The consumer shall pay the whole amount or the 1st installment within 30 days of the revised bill date. The subsequent installments will bear interest from 30th day of the bill issued to the day of payment. No interest or surcharge is payable by the consumer for the Petition and Appeal pending period before the CGRF and this Authority up to 30th day of the revised bill date. Having concluded and decided as above it is ordered accordingly. The Appeal Petition filed by the Consumer is allowed as ordered and stands disposed of as such. The order of CGRF in 539/2017 dated 05-03-2018 is modified to this extent. No order on costs.
P/029/2018 Sri. Sadiq P.A. Ernakulam

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The appellant representing the Jewel Riverwoods Flat Owners Association, Aluva approached the Electrical Section, Aluva North for shifting two numbers of electrical posts installed in the flat compound to the private road outside the compound for which the flat owners have 50% ownership. But this was objected by the other owners of the private road and the matter was presented before the Additional District Magistrate (ADM) by the respondent. The ADM dismissed the petition after hearing both parties as he found the petition lacks merits. Then the appellant approached the CGRF-CR, Ernakulam by filing a Petition vide No. 88/2017-18 and the CGRF directed the respondent to realign the post and line to the boundary of the property of the appellant after collecting the required charges, vide its order dated 31-03-2018. The respondent has prepared an estimate for shifting the PSC pole and realignment of three phase line on work deposit basis. The work was not done since the shifting will cause damage to the pipelines of the sewage treatment plant of the appellant. Aggrieved against this, the appellant has submitted the appeal petition before this Authority. From the analysis done and conclusions arrived at, I take the following decision. The respondent is directed to prepare an estimate for the drawing of the LT Aerial Bunched Cable (ABC) in the place of existing three phase four wire overhead conductor for two span of line within 15 days from the date of the order and inform the appellant. If the appellant is willing to accept the proposal and to bear the expenditure, the respondent shall carry out the work within one month without changing the location of the existing electric LT poles. The order of CGRF in OP No. 88/2017-18 dated 31-03-2018 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
REVIEW PETITION 03/2018 IN APPEAL PETITION No. P/110/2017 Sri. Madhusudhan. R Palakkad

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The appellant is conducting various Computer Training Courses under the franchisee of ‘NIIT’; a Computer oriented Institution, and has availed an Electric Service Connection for the said purpose, with consumer No. 19268 under Electrical Section Ottapalam. The three phase service connection was given for general purpose under LT VIIA tariff with a connected load 5880 watts for running a private computer training Institute. The appellant has preferred an appeal petition requesting to set aside a short assessment bill, amounting to Rs. 1,12,637/‐, related to the period of 01-05-13 to 06-01-2017 for the misclassification of tariff raised by the review respondent. Aggrieved by the aforesaid demand, the appellant filed a complaint before the CGRF (North), Kozhikode in OP No.39/2017-18 which was disposed vide order dated 20-09-2017 by limiting the period of short assessment 24 months prior to the date of issuing of bill in correct tariff and to allow installment facility to the petitioner to maximum 12 numbers. The appeal has been disposed of with direction to revise the bill for the entire period from the date of functioning the premises as a ‘computer oriented institution’ to 06-01-2017 for appropriate tariff and generate bill for arrear or excess charges based on the actual period of wrong classification with details of calculation for his information, as per the provision of Regulation 97(4) of Kerala Electricity Supply Code, 2014. Accordingly the respondent has issued a revised short assessment invoice amounting to Rs. 66,153/- limiting the period to 24 months to the review petitioner along with the calculation statement. Still aggrieved by the short assessment invoice and calculation, the review appellant has submitted this review petition. In view of the above discussions, I hold that review petition is not maintainable as there is no cause or sufficient reason established by the review appellant, for the review of the order already issued. Hence the review petition is dismissed and disposed of accordingly. Having concluded and decided as above, it is ordered accordingly.

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