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Order by: Default | Name | Date | Hits | [Descending]
Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/046/2016 Sri. Roy Mathew, Peermade, Idukki.

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The appellant, Sri Roy Mathew, has an LT IV (A) 3 phase industrial connection with consumer No.17081 under Electrical Section, Peermade with a connected load of 125 kW. The appellant is under ToD billing system from 10/2013 onwards with a contract demand of 104 kVA. On 10-09-2015, the APTS, Ernakulam Unit inspected the appellant’s premises and found that the maximum demand is continuously exceeding 100 kVA from 03/2015. Hence it was directed to issue notice to the appellant and to charge deemed HT tariff. Accordingly the appellant was issued with regular bill for an amount of Rs. 1,47,874.00 towards the monthly bill for 12/2015 under deemed HT tariff since the contract demand of the appellant has exceeded 100 kVA. Aggrieved against the bill and change of tariff from LT to deemed HT, the appellant filed a petition before the CGRF, Ernakulam vide Petition No. 134/2015-16. The Forum vide order dated 06-06-2016, has found that the bill issued in deemed HT from 12/2015 for an amount of Rs. 1,47,874.00 is in order. Against the decision of CGRF, the appellant has submitted this appeal petition before this Authority. In view of the above findings the appeal is disposed of directing the respondent to issue bills under deemed HT category with effect from 03/2015 onwards. The order of CGRF-CR/Comp.134/2015-16 dated 06-06-2016 is upheld. No order as to costs.
P/036/2016 Sri. Greenol K.B., Thrissur 680564.

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M/s Atlas Gold Township Private Limited is having HT service connection with consumer code: 8/7135 under the jurisdiction of Electrical Section, Kalady, with a contract demand of 250 kVA and connected load of 1470 kW. Since the building is a multipurpose township, the tariff allotted was HT-IV commercial tariff. In the ground floor of the building there is reception area, parking area and above the ground floor there are 7 floors consisting 208 flats. At the ground floor there is an electrical room where 2 Nos. of transformers having a capacity of 750 kVA. Supply from this transformer has been extended through the distribution boxes to the panels installed at various floors of the building. The appellant, Sri Greenol K.B, is the owner of flat No. 226 in the Atlas Celestial Park associated with Atlas Gold Township Pvt. Ltd., who has applied for a service connection under LT domestic tariff to his flat. But the respondent has denied the request and directed the appellant to submit scheme approval from the Electrical Inspectorate. Aggrieved against this, the appellant filed a petition before the CGRF, Ernakulam seeking remedy to his grievances. The Forum in its order dated 03-05-2016, disposed of the petition directing the respondents to effect the service connection to the appellant’s flat with immediate effect as per Regulation 56 of Electricity Supply Code, 2014, which deals with the methods to be adopted for giving single point supply and sharing of electricity charges in multi-storied building. Hence the licensee (respondent) is directed to comply with the provisions of the said Regulation particularly 56(2), (4), (6) and (9) and to give service connection.” Not satisfied with the above decision of CGRF, the appellant has submitted this appeal petition before this Authority. In the above circumstances the respondent is directed to provide separate service connection to the appellant’s flat under domestic tariff without any delay after complying with the directions issued by Hon’ble High Court in its common judgment in Writ Petitions (C) 27140/2015 and 6548/2016. The order No CGRF-CR/Comp/151/2015-16 dated 03-05-2016 is modified to the extent as ordered above. No order as to cost.
P/050/2016 Sri. V. Christhu das, Thiruvananthapuram

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The appellant, Sri V. Christhu das, has filed this appeal petition for disconnecting the service connection with consumer no. 20277 issued to Sri Nicholas, Karunya Bhavan, Kanchampazhinji P.O. Thiruvananthapuram, under the jurisdiction of Electrical Section, Poovar. The appellant’s grievance is that the above service connection was availed by Sri Nicholas on production of fake ownership certificate and now using the premises as a saw mill even without obtaining license from the Local Authorities and sanction from the Pollution Control Board. Meanwhile, the appellant filed a petition before the CGRF, Kottarakkara, and the Forum disposed the petition vide order in OP No. 53/2016 dated 16-06-2016, as; “Before going to the details of this case the Forum found that it is a matter of civil and criminal in nature. Already a civil suit is pending before the Civil Court against the owner of the saw mill. The matter of producing fake ownership certificate and building rules violation etc are not within the jurisdiction of this Forum. Considering the contentions as well as rival contentions it is revealed that the dispute can be resolved only after getting the order from the Civil Court. Hence the Forum decided to dispose the matter accordingly.” Aggrieved by the said order of CGRF, the appellant has filed the appeal petition, before this Authority. Hearing of the case was conducted on 26-10-2016 in my camber at Edappally. The appellant himself appeared for hearing. Sri Joykutty T.K., Assistant Executive Engineer, Electrical Sub Division, Vizhinjam represented the respondent. It appears that the appellant is only a neighbour of Sri. Nicholas (registered owner of service connection with consumer No. 20277) and that the appellant is not coming under the purview of the definition of a complainant as per Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2005. In short, he has no locus-standi to file this kind of petition before the CGRF or Electricity Ombudsman. As per Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2005, the “complainant” who is entitled to approach CGRF or Electricity Ombudsman is defined as follows:- 2. (e) “complainant” means – (i) any consumer of electricity supplied by the licensee including applicant for new connections; (ii) a voluntary electricity consumer association/forum or other corporate or group of electricity consumers; (iii) the Central Government or State Government – who or which makes the complaint; (iv) in case of death of a consumer, his legal heirs or representatives. The term “consumer” is also defined in the said Regulation. (g) “Consumer” means any person who is supplied with electricity for his own use by a licensee and includes any person whose premises are connected for the purpose of receiving electricity with the works of a licensee or a person whose electricity supply is disconnected by a licensee or the person who has applied for connection for receiving electricity from a licensee, as the case may be; The appellant herein is not a “complainant” as defined 2 (e) of the Regulations and the petition is not related to as a consumer. Hence he is not entitled to make a representation before this Authority. Moreover, it is seen that the present case is only a part of a larger dispute going on between the appellant and Sri Nicholas in various Forums including competent Civil Court. However, during the discussion it is revealed that the Additional District Magistrate Thiruvananthapuram has issued orders to temporarily discontinue the working of saw mill of Sri. Nicholas vide Order No. S9-40208/14 dated 01-09-2016. In view of the facts that the appellant is not a “consumer” as defined in the Regulation 2 (g) of the Kerala State Electricity Regulatory Commission (CGRF and Electricity Ombudsman) Regulation, 2005 and he is not competent to file a complaint before this Authority. Since the appellant is not a “complainant” as per Regulation 2 (e) (i), this appeal petition is not maintainable in law. The appeal petition is dismissed as not maintainable.
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