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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/070/2016- 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 above service connection is 17557 and is under the jurisdiction of Electrical Section, Keezhaparamba. The appellant is paying the current charges regularly without any due or delay. But the respondent as per the invoice dated 08-12-2015 directed the appellant to remit an amount of Rs. 1,98,505.00 being the short assessment based on the findings that the meter was sluggish during the period from 05/2014 to 01/2015. An objection against the short assessment was filed before the Assistant Engineer and later revised the short assessment bill to Rs. 56,175.00. Again the appellant filed petition against the demand before the Assistant Engineer which was rejected without stating any valid reason or regulations. So the appellant had approached the Hon’ble CGRF (Northern Region) by filing a petition in OP No. 04/2016-17. The Forum disposed of the petition by ordering to quash the bill and directed to issue the revised bill for two billing cycles based on average consumption of three months after the replacement of meter. Accordingly the respondent issued revised bill dated 06-10-2016 for Rs. 42,402.00. Still aggrieved, the appellant has submitted this appeal petition before this Authority. In view of the above discussions it is made clear that there is patent illegality in issuing the short assessment bill to the appellant without complying with the statutory formalities as in the case of defective or damaged meter. Hence the assessment made in this case is not sustainable before law and is hereby quashed. The order of CGRF in OP No. 04/2016-17 dated 09-09-2016 is set aside. No order as to costs.
P/060/2016 Sri. K.P. Binumon Kurichi, Kottayam.

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The appellant is an agricultural consumer (LT V A tariff) with consumer No: 1889, under Electrical Section, Kurichi. On 24-04-2015, the APTS unit inspected the premises of the appellant and detected misuse of electricity. It is alleged that the appellant is dishonestly tapping energy for pumping drinking water from a well, which amounting to misuse and theft under Electricity Act, 2003. Based on the above findings, action was initiated against the appellant, as per Section 135 of Electricity Act, 2003 and the service was disconnected and also issued penal bill amounting to Rs. 786.00. A compounding fee of Rs. 4,000.00 was also realized from the appellant under Section 135 of the Act. Subsequently the service connection was dismantled by the respondent. So the appellant filed a complaint before the CGRF vide order No. OP‐ 91/2016 dated 11-08-2016, which was dismissed, holding that the same was not maintainable, due to lack of jurisdiction since the case comes under Section 135 of Electricity Act, 2003. Aggrieved against the order of CGRF, the appellant has submitted this appeal before this Authority. The respondent is directed to provide new service connection to the appellant’s premises without any delay as and when the appellant submits application for the same. The appeal petition is disposed of as above. No order as to costs.
P/063/2016 Sri. Simon K. Mathew Pathanamthitta

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The appellant is a commercial consumer (LT VII A), under Electrical Section, Aranmula, having consumer No. 12108. This service connection was effected on 22-01-2013 with a connected load of 1350 Watts. The appellant enhanced the connected load to 5980 Watts with effect from 18-06-2013 and the service connection was converted from single phase to three phase. On 16-02-2016, the meter reader noticed an abnormal reading in the meter and on detailed checking it is revealed that the consumption recorded for the previous period was only for Zone 1 against the cumulative consumption of 3 Zones. The backup data stored in the memory of energy meter was downloaded and noted that there was a short billing of 18216 units in the regular bimonthly bills already issued. Hence a short assessment bill amounting to Rs. 1,85,606.00 was served on the appellant in order to recover the charges towards the unrecorded consumption. Against this, the appellant had filed a complaint before the CGRF, Kottarakkara, which was disposed of by upholding the short assessment was in order. The Forum also allowed installment facilities for remitting the amount if the appellant requested for. Aggrieved by this order, the appellant preferred this appeal before this Authority.   In view of the above discussions, the respondent is hereby directed to issue fresh bill for a period of 24 months allowing 30 days for the remittance. It is also made clear that no interest or surcharge shall be levied for the appeal pending period. Installment, if any, requested by the appellant shall be granted according to Regulation 152 (4) of Supply Code, 2014. The order of CGRF is hereby quashed. No order as to costs.

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