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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/017/2016 Sri. Reghupathy Karavaloor.

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The appellant, Sri Reghupathy is a consumer having consumer No: 1145937018753 under the jurisdiction of Electrical Section, Punalur. This service connection was effected exclusively for industrial purpose (with LT IV tariff) with a connected load of 44544 Watts and Contract Demand of 25 kVA. On 16-10-2015, APTS Kottayam conducted an inspection in the premises of the appellant and found that the supply was being used for filtering and packing and other associated activities using oil brought from outside. Based on the above findings the Assistant Engineer, Electrical Section, Punalur issued a short assessment bill for an amount of Rs.78,884.00, as per Regulation 152 of Kerala Electricity Supply Code, 2014 towards the undercharged amount i.e. the difference in amount between the commercial and industrial tariff. Aggrieved against this, the appellant submitted a complaint before the Honourable CGRF, Kottarakkara and the Forum quashed the bill and directed to revise the assessment for 12 months prior to the date of inspection vide order in OP No. 1628/2015 dated 08-02-2016. Accordingly a revised bill for Rs. 23,870.00 was prepared and issued to the appellant. Still aggrieved against the decision of the CGRF, the appellant submitted this appeal petition on 23-03-2016 before this Authority. In view of the factual position I don’t find any reason to interfere with the findings and decision taken by the CGRF in this case. The respondent is directed to issue revised assessment under LT VII A tariff, for a period for twelve months prior to the date of inspection in the premises. The appeal is found devoid of any merits and hence dismissed. The order of CGRF in OP No. 1628/2015 dated 08-02-2016 is upheld. No order as to costs.
P/18/2016 Fr. Mathew Thekkel Kottayam.

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The appellant is a consumer having HT service connection with consumer code 2/5652 availed for running a hospital in the name and style, “Holy Ghost Mission Hospital” and LT service connection with consumer No.10802, availed for pumping water to the above hospital. Both service connections are coming under the jurisdiction of Electrical Section, Kaduthuruthy. The LT connection with a connected load of 12 kW was effected on 02-01-1969 under LT VI A tariff. On 28-09-2015, the APTS team inspected the premises and detected that the billing of LT service connection is under LT VI A instead of LT VI F. The inspection team prepared a site mahazar after recording the above irregularity. Based on the above finding, provisional assessment was issued for an amount of Rs. 2,18,795.00 for a period of last 24 months under Section 134 (1) of Kerala Electricity Supply Code, 2014. Being aggrieved against the above short assessment, the appellant approached the Assistant Engineer, Electrical Section, Kaduthurthy with a complaint. Since the Assistant Engineer failed to take any action on that complaint, the appellant filed a petition before the CGRF, Kottarakkara, which was disposed of with the following directions. “1. The impugned bill for Rs. 2,18,795.00 dated 05-10-2015 is hereby quashed. 2. The opposite party shall revise the short assessment bill under VI F tariff for a period of one year prior to the inspection of the premises”. Still aggrieved by the above decision, the appellant has filed the Appeal Petition before this Authority. In view of the factual position I don’t find any reason to interfere with the findings and decision taken by the CGRF in this case. The respondent is directed to issue revised assessment under LT VI F tariff, for a period for twelve months prior to the date of inspection in the premises. The appeal is found devoid of any merits and hence dismissed. No order as to costs.
P/127/2015 The Assistant Secretary Thrissur Corporation,

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The review petitioner is the respondent in the appeal petition in P/127/2015 before this Authority and the review respondent is a registered consumer with consumer no. 8459 C under the electricity distribution licensee, Thrissur Corporation. He was issued with a demand notice dated 06-04-1998 amounting to Rs. 23,00,552.70 towards arrears of electricity charges relating to the period from 10/1994 to 02/1998. The said demand was challenged before the Hon’ble High Court of Kerala by the review respondent in various Petitions and Writ Appeals viz. OP (C) No. 9332/1998, OP No. 19756/1998, Writ Appeal No. 51/2009, W.P. (C) 25010/2012 and W.P. (C) No. 7129/2015. The Hon'ble High Court of Kerala, in W.P (C) 7129/2015, directed the review respondent to approach the Consumer Grievance Redressal Forum for redressal of his grievance. Accordingly the review respondent filed a petition before the CGRF which was disposed by ordering therein that the review respondent is entitled only for One Time Settlement and that he has to pay penal interest at the rate of 6%. Based on the order, a demand notice was issued by the review petitioner for an amount of Rs. 6,58,447.00 as penal interest. Against the above order of the Forum, the review respondent filed this appeal before this Authority. Since the appeal petition filed is found having some merits, an order was issued by this Authority and allowed the appeal by quashing the order of CGRF, vide order No. P/127/2015 dated 29-12-2015. Against the above order, the review petitioner has approached this Authority with a plea to review the decision taken on the appeal petition. In the review petition nothing is pointed out which escaped the notice of this Authority while disposing the appeal petition. The review jurisdiction is limited to rectify a mistake or an error which is apparent on the face of records and it cannot be used as appellate jurisdiction. In view of the above discussions I hold that the review petition is found devoid of merits and not maintainable, hence rejected.

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