KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
Ph: 0484 2346488, Mob: 8714356488
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Category: Orders | ||
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Files: 1265 | |
Orders of Kerala Electricity Ombudsman in pdf format |
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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 16008 under LT VI F tariff and is under the jurisdiction of Electrical Section, Pallikunnu. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 17-06-2016 directed the appellant to remit an amount of Rs. 3,74,003/- being the short assessment based on the findings that the meter was faulty during the period from 30-04-2014 to 12-11-2014. An objection against the demand was filed before the Assistant Engineer on 23-06-2016. The Assistant Engineer had disconnected the service connection on 30/09/2016 and also rejected the petition vide his letter dated 30-09-2016. So the appellant had approached the Hon’ble CGRF (NR) by filing a petition in OP No. 111/2016. The Forum ordered to dismiss the petition and directed to remit the short assessment bill. Aggrieved against this, the appellant has submitted this appeal petition before this Authority. In view of the above discussions, the issuance of short assessment for an amount of Rs. 3,74,003/- is not sustainable and hence it is hereby quashed. The order of CGRF in OP No. 111/2016-17 dated 16-01-2017 is set aside. Having concluded and decided as above, it is ordered accordingly. No order as to costs. |
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M/s Indo PVC Conduits, East Kallai, Chalappuram, is an LT‐IV industrial consumer, under Electrical Section, Mankavu, having consumer No.19713. The registered connected load in the premises is 108 kW. The APTS of KSEB inspected the premises of the consumer on 28-01-2014 and found that the Current Transformer (CT) provided in the metering circuit is of ratio 150/5 and hence the multiplication factor (MF) is 30. 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 150/5 (MF=30) from 03-02-2011 onwards. Thus the bills to the consumer were raised only for 2/3 of the actual energy he has consumed till 02/2014 due to error in MF used for billing. Hence a short assessment bill to recover the loss, amounting to Rs. 6,43,603/- was served to the consumer on 06-02-2014. Being aggrieved by the short assessment bill, the appellant preferred a petition before Consumer Grievance Redressal Forum, Kozhikode (Northern Region) as OP No. 117/2013-2014. The Forum disposed of the petition with a direction to restrict the assessment for a period of 2 years prior to the date of inspection, vide order dated 29-05-2014. The respondent preferred a review petition before the CGRF under Section 12 [A) of Electricity Regulations, 2005, to review the order in OP No. 117/2013-2014, on 04-12-2014, which was allowed by holding that the consumer is liable to pay the short assessment bill issued due to the correct multiplication factor from 03-02-2011. Aggrieved by this order, the appellant preferred this appeal before this Authority. The consumer does not dispute the error in the Multiplication Factor (MF) occurred to KSEB in raising his monthly bills nor its period of assessment. The consumer is bound to pay the charges for the electricity he has consumed. As per clause 24(5) of Electricity Supply code, 2005, if the Licensee establishes that it has under charged the consumer, by review or otherwise, it is open to the Licensee to recover the amount so undercharged from the consumer by issuing a bill. In this case, the respondent has only done that and so it is found that the consumer is liable to pay the bill dated 06-02-2014 for Rs. 6,43,603/‐, issued to him. The appellant shall be allowed to pay the full amount, without any interest up to 30th day of this order, if he prefers so. It is also decided that the consumer shall be allowed to pay the disputed bill, stated above, in 24 installments and the respondent shall intimate the ‘installment due dates’ within 10 days of the receipt of this order. The order of CGRF in the review petition 09/2014 in OP No. 117/2013-14 dated 05-12-2016 is upheld. Having concluded and decided as above, it is ordered accordingly. No order on costs. |
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The appellant, Sri N.A.V Abdulla, Proprietor, Navab Printers & Publishers, Payyannur, Kannur registered as consumer No. 7661 in the jurisdiction area of Electrical Section, Payyannur is a 3 phase consumer with effect from 29-08-1990 in LT IV A tariff. The electric connection was disconnected on 27-03-2008 due to default in the remittance of monthly electricity bill. The appellant was issued with an arrear bill amounting to Rs. 28,513/- for the period from 03/2008 to 02/2014 and initiated revenue recovery proceedings against him. The appellant approached the CGRF, Northern Region, Kozhikode requesting to limit the arrear demand to six months. The CGRF has dismissed the petition on finding that the bill issued by the respondent was in order and the petition was found as devoid of any merits, vide its order OP No. 124/14-15 dated 07-10-2015. Aggrieved by the decision of CGRF, the appellant has submitted the Appeal petition before this Authority. From the analysis done and the findings and conclusions arrived at, I take the following decisions. I find total negligence and irresponsibility on the side of Board officials for which the consumer should not be held liable. The Board is duty bound to take appropriate action in time in the cases of disconnection, including issuing notices to the consumer. Hence the assessment done for period, 4/2008 to 2/2014, amounting to Rs. 28,513/‐, is decided as not admissible. Therefore, it is decided that the total assessment done by the Respondent, has to be revised and the respondent is directed to issue a fresh bill for current charge pending as on 27-03-2008 and minimum demand charges for 6 months from 4/2008 to 9/2008 and with thirty days time (due date) given for making the payment. No interest/surcharge is payable by the consumer up to the due date of the revised bill as ordered now. It is also directed to take immediate action to drop the revenue recovery proceedings initiated against the appellant. The CGRF order dated 07-10-2015 in complaint No. 124/14-15 of CGRF, Kozhikode, stands set aside. Having concluded and decided as above, it is ordered accordingly. No order on costs. |
KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
Ph: 0484 2346488, Mob: 8714356488
Send an email to info@keralaeo.org
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