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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/041/2017 Smt. Vijayakumari L., Alappuzha

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Smt. Vijayakumari L, Sadhu Mandiram, Puthupally P.O., Kayamkulam, Alappuzha, consumer of Electrical Section, Krishnapuram with consumer number 10117, has filed an appeal petition dated 07-04-2017 before this Forum and stands numbered as P/041/2017. The appeal is against the order dated 25-03-2017 of CGRF, Ernakulam, in the Petition No. CGRF-CR/Comp.120/2016-17, filed before it. The appellant alleges that the OH Electric line drawn through the 3 feet width road has no enough clearance from her house and it is unsafe for the appellant’s family. Two separate civil suits filed by the appellant and her neighbor Sri. Swaminathan are pending before the Hon’ble Munsiff Court, Kayamkulam regarding the disputed pathway. A complaint filed by the appellant in this regard is also pending before the District Collector. Meanwhile, she also filed a petition before the CGRF, Ernakulam on 11-01-2017, upon which the CGRF has ordered as; “The entire issue in this case is now pending before the Hon’ble District Collector, Alappuzha and two connected civil suits are pending before the Hon’ble Munsiff Court, Kayamkulam regarding the disputed pathway. Hence the Forum decided to abstain from passing an order for shifting the line from the disputed pathway by citing the above observations”. Aggrieved by the said order of CGRF, the Appellant has filed the Appeal Petition, before this Authority. For the reasons detailed above, the appeal petition, filed by the appellant stands dismissed as it is found not maintainable before this Forum. The action of CGRF, Ernakulam in the Petition No CGRF-CR/Comp.120/2016-17 dated 25-03-2017 is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/030/2017 Smt. Indira Bhai B, Ernakulam

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The appellant has filed the appeal petition, being aggrieved at the inaction of KSEB to shift the transformer installed in her property, situated under Electrical Section, Ayathil, in Kollam District. She alleges that the said transformer was erected long ago in her property without obtaining her consent. She owns about 5½ cents of land and due to the installation of transformer she finds obstructions for free use of the property. Though the appellant had approached the KSEB for shifting the transformer, they had not taken any action. Aggrieved by the inaction of KSEBL, the appellant filed a suit before the Hon’ble Munsiff Court, Kollam in OS 361/2009. Since no proper action was taken on the petition by the respondent,, she has also filed petition before the CGRF, South, Kottarakkara vide Petition No. OP No. 285/2016 and the CGRF has disposed it by order dated 02-02-2017, with the remarks as; “Hence the Forum views that as the case is pending before the Munsiff Court, Kollam in OS 361/2009, the Forum does not want to interfere the case in the present position. The respondent shall take action according to the order of the Hon’ble Munsiff Court, Kollam.” Still aggrieved by the said order, the appellant has filed the appeal petition, before this Authority. Since a suit filed by the respondent lies before the Court and in the light of the above provision under 22(d) of KSERC Regulations 2005, which restricts the maintainability of the petition filed for the same cause of action and relief, the appeal petition filed by the appellant, need no further action at this Forum and hence needs to be rejected. For the reasons detailed above, the appeal petition, filed by the appellant stands dismissed as it is found not maintainable before this Forum. Having concluded and decided as above, it is ordered accordingly. No order on costs.
P/028/2017 Sri. Martin Thomas, Thiruvananthapuram

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M/s Favorite Life Style Pvt. Ltd. is a LT‐VII A 3 phase commercial consumer, under Electrical Section, Vellayambalam, having consumer No.15972. The APTS Thiruvananthapuram unit of KSEB along with the Sub‐Engineer of Electrical Section, Vellayambalam, inspected the premises of the consumer on 04-06-2016 and found that the Current Transformer (CT) ratio of the metering circuit is 400/5 i.e., the multiplication factor (MF) is 80. On verifying the regular energy bills issued to the consumer, it was found that the CT ratio was wrongly taken as 100/5 (MF=20) instead of 400/5 (MF=80) from 25-07-2012 to 04-06-2016. Thus the bills to the consumer were raised not for the actual energy he has consumed till 04/2016 due to error in MF used for billing. Hence a short assessment bill to recover the loss, amounting to Rs.18,91,732/- and subsequently the same has been revised to Rs. 40,90,284/- and was served to the consumer on 18-07-2016. Against this, the consumer had filed a complaint before the CGRF challenging the demand raised by the respondent. This was disposed of by directing the respondent to revise the bill for two years without interest and allow suitable instalment, if the petitioner desires, vide order dated 30-11-2016 in OP No.130/2016. Aggrieved by this order, the appellant preferred this appeal before this Authority. From the above noted analysis, findings and the conclusions arrived at; I decided to dismiss the petition by upholding the order of CGRF, Kottarakkara limiting the realization of the short collection of electricity charge for a period of 24 months without interest and also allowing suitable instalments, if the appellant desires so. There is lapse on the part of the local Electrical Section officials by taking the multiplication factor wrongly for a long period. But the disciplinary action against erring officers of KSE Board does not come under the purview of this Forum. Hence the CGRF’s order for taking suitable action against the erring officers shall prevail and the Board may decide it as per Law. Having concluded and decided as above, the Appeal Petition No. P/028/2017, filed before this Authority stands disposed of accordingly. No order on costs.
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