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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/026/2017 Sri. Salilan, Kollam.

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The appellant, Sri Salilan, Indhu Nivas, Mylamkulam, Puthur is an Industrial consumer under Electrical Section, Veliyam, Kollam bearing Consumer No.23136. This connection had been effected on 22-6-2011 to M/s. ‘Parth Precision Cast’ situated in the Mini Industrial Estate at Nalkavala, Pooyappally under Minimum Guarantee scheme with a connected load of 84 KW under LT-IV industrial tariff. The MG period for which the consumer is bound to pay the minimum amount as per the Agreement was for seven years from July 2011. The appellant had remitted current charges up to 05/2014 only and due to non-payment of electricity bills, the electric service connection was dismantled on 06-02-2015 and Revenue Recovery Notice for Rs. 6,33,242/- was issued to him towards the arrears of bills and the MG charges to be paid plus interest, for the realization of the amount. After initiating the RR action, as per the orders of KSEB, reconnection was effected in the premises on 05-03-2016 bearing a new consumer No. 25898 after collecting first installment amounting to Rs. 2,34,302/- on 30-12-2015 and with a condition to pay the balance amount by 10 monthly instalments without default. The appellant remitted instalments up to 01-07-2016 and due to default of balance installment, the service connection was disconnected on 01-08-2016. The appellant has requested to exempt from the action of revenue recovery ordered against him considering his present financial difficulties, and the amount already remitted at the KSEB and at the Village office as per the RR Action. The petition submitted before the CGRF was disposed of vide order OP No. 223/2016 dated 30-12-2016 with a direction to the respondent that he shall inform the Revenue Recovery authority to collect only the amount of Rs. 1,19,254/- from the consumer within 7 days from the date of receipt of the order. Still not satisfied with the order, the appellant filed this appeal petition before this Authority. This Forum intends to look into the facts of any ‘over payment’ and whether he is eligible for relief if any. 1. The order of CGRF in OP No. 223/2016 dated 30-12-2016 is herby quashed. The respondent is directed to take action to keep in abeyance the RR procedure for a period of 30 days from the date of receipt of this order. 2. The respondent is directed to examine whether the line and transformer became self remunerative within the guarantee period and if so such benefit shall be given to the appellant from the month on which it became self remunerative. The Respondent shall take action to declare the Line as Self remunerative from such date onwards as the AEE has reported it as eligible for the same. The appellant is required to pay further, a balance amount only, if any, in such a situation. This shall be done within a period of 30 days from the date of receipt of this order by preparing a detailed calculation statement and to issue the same to the appellant. 3. The respondent is directed to ensure the benefit of interest, if any, on Security Deposit at the date of adjusting the SD while finalizing in the balance MG amount. The respondent is also directed to consider the possibility of reducing the rate of interest of 18% under ‘one time settlement’, if the appellant submits an application for the same. 4. No interest need be payable by the consumer from the date of submission of the petition before the CGRF till the ‘due date’ of the revised bill as per this order. 5. The appellant is free to approach the licensee for reconnection as per rules after closing the MG agreement and settling the dues, if any, after adjusting the above amounts on reassessment. The excess amount, if any, shall be refunded to the consumer. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/049/2017 Sri. Muhammed Farookn Thiruvananthapuram

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The appellant, Con.No.25667 is a consumer under Electrical Section, Kadakkal. It is a single phase service connection with registered connected load of 2800 watts and the assigned tariff is LT VII A. On 04-11-2016, KSEBL served a demand notice for Rs.23690/‐ towards the recovery of revenue loss due to meter not functioning correctly for the period from 05/2014 to 01/2015, based on an Audit report of the Internal Audit Wing of the licensee. Aggrieved by the bill, the consumer preferred a petition before the CGRF, Kottarakkara which was partly allowed by quashing the impugned bill dated 4/11/2016 for Rs.23690/- and directing the respondent to revise the bill for the meter faulty period of two billing cycles from 12/2014 to 01/2015 based on the average consumption of succeeding three billing cycles after the meter replacement vide Order OP No. 313/2016 dated 14-03-2017. Being aggrieved by the said order, the appellant has submitted this Appeal Petition before this Authority on 27/04/2017. From the analysis done and the conclusions arrived at, which are detailed above, I take the following decisions. 1. The order dated 14-03-2017 issued by the CGRF, Kottarakkara, in Op No. 313/2016 is set aside. 2. The revised short assessment bill for Rs.17266/- is quashed. The respondent is directed to reassess the bill based on the average consumption of 239 units for billing from 04/03/14 to 03/07/2014. 3. The respondent is directed to revise the bill as decided above and shall issue to the consumer with thirty days time (due date) given for making the payment. 4. The request of the appellant for tariff change from LT VIIA to LT 1 A is rejected. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/048/2017 Sri. Arun R Chandran, Ernakulam

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The appellant represents M/s Indus Towers Ltd., a company providing passive infrastructure service to telecommunication providers. The consumer number of the three phase service connection is 32313 under LT VI F tariff and is under the jurisdiction of Electrical Section, Nedumangad. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 30-08-2016 directed the appellant to remit an amount of Rs. 2,35,224/- based on the site mahazar prepared consequent to the inspection of APTS on 29-08-2016, being the short assessment for not recording one phase of the meter from 01/2016 to 08/2016. An objection against the demand was filed before the Assistant Engineer on 26-09-2016. He rejected the petition without quoting any valid reason or regulations and directed the appellant to remit the short assessed amount. So the appellant had approached the Hon’ble CGRF (SR) by filing a petition in No. 291/2016. The Forum dismissed the petition due to lack of merit, vide order dated 29-03-2017. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. From the analysis done above and the conclusions arrived at, I take the following decisions. From the conclusions arrived at as detailed above, I am fully convinced that the request of the appellant is reasonable and hence admitted. I decide that the order of the CGRF stands quashed. The short assessment bill amounting to Rs. 2,35,224/- issued to the appellant is set aside. The respondent is directed to reassess the consumption for the period in between the last meter reading date and the date of inspection on 29-08-2016 based on the average consumption from the three billing cycles from 09/2016 onwards and to revise the bill accordingly. The respondent shall issue the revised bill to the consumer with fifteen days time (due date) given for making the payment. 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. No order on costs.

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