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Orders of Kerala Electricity Ombudsman  in pdf format
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P/070/2017 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 20759 under LT VI F tariff and is under the jurisdiction of Electrical Section, Kolathur. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 10-03-2016 directed the appellant to remit an amount of Rs. 53,526/- being the short assessment based on the findings that the meter was sluggish during the period 06/2013 and from 07/2014 to 11/2014. An objection against the demand was filed before the Assistant Engineer and he rejected and directed to remit the short assessment made without quoting any valid reason or regulations. So the appellant had approached the Hon’ble CGRF (NR) by filing a petition in OP No. 70/2016-17. The Forum ordered to reassess the bill for 05/2013 and from 06/2014 to 10/2014 based on the meter reading in the succeeding three months after replacement of the faulty meter in 05/2013 and 10/2014 as per regulation 125 of Kerala Electricity Supply Code, 2014. According to the direction of the Hon. Forum in its order/the short assessment bill was revised to Rs. 87,197/- by the Assistant Engineer, Electrical section, Kolathur. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above findings, the revised short assessment dated 26-04-2017 for Rs. 87,197/- is hereby quashed. There is no need to issue short assessment bills based on presumptions as it is not sustainable before law. The order dated 28-12-2016 of CGRF (NR) in OP No. 70/2016-17 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/044/2017 Sri. Rafeeque Parakandy Kannur

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The Appellant is a consumer of electricity with Consumer No. 1166696012242 under Electrical Section, Thalassery North, KSEB Limited. The appellant has a three phase service connection with registered connected load of 42 kW and the assigned tariff is LT IV A. An ice plant named ‘Redak’ has been functioning in the premises. On 19-11-2016, a surprise inspection was carried out in the premises by the Anti Power Theft Squad, Kannur along with the Section officials and noticed that there was connected and using a total load of 65 kW, without obtaining prior sanction from the licensee and hence there was connected and using an unauthorised load 23 kW in the premises. Accordingly a site mahazar was prepared and based on the site mahazar for the unauthorised load to the tune of 23 kW, a provisional assessment for Rs. 3,15,052/- was issued to the consumer under section 126 of the Act 2003. Against the same, the appellant had filed an appeal before the Assessing Officer and after conducting a hearing on 20-12-2016 the provisional assessment was revised for Rs. 92,467/- and a final assessment order was issued along with detailed calculation statement. Though the consumer had been informed in the final order itself that the appeal authority is the Appellate Authority, he approached the Hon'ble CGRF (North) vide OP No.165/2016-17 and the Hon'ble Forum pronounced its order on 12-04-2017 holding that 'the forum has no jurisdiction to entertain the complaint as the case is against the bill issued under 126 of the Electricity Act, 2003 and also directed the petitioner to file appeal before the Appellate Authority. Aggrieved against the order of CGRF, this appeal petition was filed. The CGRF / Electricity Ombudsman has no jurisdiction to entertain complaints relating to unauthorised use of electricity as provided under Section 126 of the Act, in view of the bar under Sub Clause (vii) (I) of Clause 2 (f) of the Regulations. It is therefore held that the remedy available to the appellant is only an appeal before the Statutory Authority under Section 127 and that this appeal petition is not maintainable. The order of the CGRF is upheld. The appeal petition is rejected as not maintainable. The appellant is directed to approach the Appellate Authority. Having concluded and decided as above, it is ordered accordingly. No order as to costs.
P/054/2017 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 appellant’s three phase service connection is 10510 with tariff LT VI F which is coming under the jurisdiction of Electrical Section, Neendoor, Kottayam. The appellant is paying the current charges regularly without any dues or delay. But the respondent as per the invoice dated 31-08-2016 directed the appellant to remit an amount of Rs. 2,14,147/- being the short assessment based on the findings that the meter was faulty for the period from 03-08-2015 to 28-07-2016. An objection against the demand was filed before the Assistant Engineer on 21-09-2016. He rejected the petition without quoting any valid reason or regulations and directed the appellant to remit the short assessed amount. Another short assessment bill dated 27-06-2016 was seen issued by the licensee for the same period of the above short assessment and the bill amount was Rs. 17,414 which pertains the periods of 12/2014, 08/2015 and 09/2015. The appellant had filed an objection against the bill before the Assistant Engineer, Electrical-section Neendoor on 28-07-2016. The service connection was disconnected on 30-07-2016 due to the non-payment of the short assessment bill. Since the electrical connection in the site was inevitable for the operation of the appellant’s mobile tower, appellant had remitted the short assessment bill with protest and the service connection was reconnected on 03-08-2016. Against the short assessment bills, the appellant had approached the Hon’ble CGRF (SR) by filing a petition No. 276/2016. The Forum dismissed the petition due to lack of merit, vide the order dated 28-03-2017. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the analysis done and the conclusions arrived at, which are detailed above, I take the following decisions. The order dated 28-03-2017 issued by the CGRF, Kottarakkara, in Petition No. 276/2016 is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs.
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