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Orders of Kerala Electricity Ombudsman  in pdf format
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REVIEW PETITION No. RP/04/2018 in APPEAL No. P/096/2017 Sri. Muhammed Haji Kozhikode

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The gist of the appeal petition preferred by the appellant/review appellant before this Authority is as follows: The appellant is running a hotel M/s Hotel Whitelines, having HT connection with consumer code 16/1631 under Electrical Section, Central, Kozhikode. Since the appellant failed to comply the Board orders to install ToD meter in the premises, he was charged 50% extra over the rates notified for demand and energy and accordingly a penal bill was issued to him amounting to Rs.7,04,980/‐, for the period 1/2001 to 9/2005. Aggrieved by this bill, the consumer filed a Writ petition before the Hon High Court of Kerala, in WP ( C) 28197/2005 and the Hon'ble High Court of Kerala quashed the demand and ordered that consumer is entitled to get refund of the same and to be adjusted against the future bills of the petitioner, vide its judgment dated 13th April 2012. KSE Board Ltd filed Writ Appeal No.115/2015 against impugned judgment and on 07-10-2016, the Hon'ble High Court of Kerala vide its judgment dismissed the Writ Appeal. The appellant again approached the CGRF, Kozhikode, praying that he was entitled to get interest at the rate of two times the bank rate and also raised HT cable fault. The CGRF has ordered as follows: (1). The respondent can .realize the FC of the HT premises under LT tariff during the HT failure period from 2-7-2013 to 21-11-2013. (2). The demand billed for the previous 5 months prior to the failure of HT supply i.e. 1,2,3,4,5 & 6/2013, shall be taken for the billing during the failure period. 1. The request of the petitioner for the interest on their excess amount for the period from 10/05 to 09/06 is allowed. 2. The respondent shall pay the interest at prevailing bank rate for Rs.4,57,921/- from 09/06 to 02/14 ie, the month on which the adjustment started and thereafter for the balance amount after adjusting each regular bill till the adjustment is over. Still aggrieved by the decision of CGRF in order OP No. 182/2016-17 dated 07/07/2017, the appellant has submitted the Appeal petition and the same was disposed of by upholding the orders issued by the CGRF, vide order dated 26-12-2017. It was decided that the appellant is eligible to get interest @ 12.50 % (twice the bank rate) for the complete excess amount paid, by way of adjustment in the three subsequent bills and if the adjustment is not possible in the next three bills, the licensee shall refund the balance amount in full by cheque and also directed the respondent to prepare an interest calculation statement accordingly and adjust the interest amount so arrived at, in the next bill or subsequent bills of the consumer. Still aggrieved by the decision, the review appellant has submitted this review petition with a plea to review the orders and to allow the reliefs sought for. 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.
P/024/2018 -,Sri. Syriac Kurian, Ernakulam

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The appellant is a consumer under Electrical Section, Keerampara. A three phase service connection with Consumer No. 11571339010598 in LT VII A tariff was issued in the name of Sri. Syriac Kurian, Maliyil, Palamattom, Thattekkad P.O., Kothamangalam, the appellant for running a resort with a sanctioned connected load of 16 kW. On 30.10.2013, Anti Power Theft Squad Wing conducted an inspection in the premises of the appellant and detected an Unauthorized Additional Load to the extent of 52 kW. A provisional short assessment bill to the tune of Rs. 2,28,124/- was issued to the appellant on 29.11.2013 as per Section 126 of Electricity Act 2003. Against the issuance of the bill the appellant approached the Hon'ble High Court of Kerala by filing W.P (C) No.31523/2013 which was dismissed directing the petitioner to pursue the appeal before Deputy Chief Engineer, Electrical Circle, Ernakulam by making deposit of 50% of the amount of penalty assessed and the Hon'ble Court also directed the Deputy Chief Engineer to consider the appeal as one filed within the stipulated time and shall proceed to dispose of the same on merits, vide judgment dated 06.01.2014. Later he filed W.A. No.705/2014 before Hon'ble High Court of Kerala. The Hon'ble Division Bench dismissed the Writ Appeal vide judgment dated 25.10.2016. Thereafter the appellant filed Petition vide complaint No.77/2017-18 before the CGRF-CR, Ernakulam and the CGRF decided to dismiss the complaint due to lack of merit, vide its order dated 17-03-2018. 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. Since a final decision was taken by the Hon. High Court of Kerala in the subject matter and directed the appellant to prefer an appeal before the Appellate Authority by remitting 50% of the short assessment bill, under Section 127 of the Electricity Act, 2003 and this Authority lacks jurisdiction to entertain the cases under Section 126 of the Act, the petition is dismissed. The appellant can approach the Appellate Authority for the redressal of his grievances. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/026/2018 - Sri. E.V. Varghese, Thrissur

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The appellant has filed the appeal petition, being aggrieved at the inaction of KSEBL, Electrical Section, Irinjalakuda No.1 to remove the service connection provided to Sri. Kshithiraj from the post situated in his property. The appellant alleges that the said electric line was drawn from the post erected in his property and the pathway owned by him without obtaining his consent. The appellant has filed petition before the CGRF, Ernakulam vide Petition No. OP No. 90/2017‐18 and the CGRF has dismissed it by order dated 31-03-2018, due to lack of jurisdiction. Still aggrieved by the said order, the Appellant has filed the Appeal Petition, before this Authority. In view of the factual position I don’t find any reason to interfere with the findings and decision taken by the CGRF, Ernakulam in this case and hence the order of CGRF is upheld. 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.
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