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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/007/2016 Sri Kunhabdulla, Kozhikode

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The appellant had availed single phase connection with consumer number 2389 under Electrical Section, Vatakara North on 01-03-1996 which was converted to 3 phase in April 1998. The appellant was served with an arrear bill for Rs. 37,160.00 being the charges for the excess energy consumed during the period from 1/1997 to 9/1999. Against this bill the appellant had filed an Original Suit No. 66/2000 before the Hon'ble Munsiff Court, Vatakara which was decreed in favour of the appellant. Hence the respondent filed an appeal petition (AS No. 18/2001) before the Sub Court, Vatakara. The respondent’s contention is that the Hon’ble Sub Court in its judgment dated 20-10-2004 was pleased to allow the appeal partly with the observation that the respondent’s right to realize the additional electricity charges for the excess consumption of 1774 units from May 1998 to September 1999 would not be prejudiced by the decree of Hon’ble Munsiff Court, Vatakara in OS No. 66/2000. The appellant’s contention is that the respondent issued demand notice for Rs. 5,82,106.00 without denoting the period of arrears and with threat of disconnection on 03-07-2014. The appellant stated that he deposited the amount towards the current charges for and on behalf of respondent in the Court as per the order of Hon’ble Sub Court, Vatakara in AS No. 18/2001. Aggrieved against the above demand, the appellant submitted a petition before the Consumer Grievance Redressal Forum, Kozhikode which was dismissed vide order in OP No. 94/2015‐16 dated 29-12-2015 holding that the demand notice issued to the appellant for Rs. 6,00,200.00 dated 19-11-2014 is in compliance of Section 45 of Electricity Act, 2003 and to the Regulation 131 of Supply Code, 2014 and the decision of Hon’ble High Court in WP (C) No. 90 of 2009 and hence in order. Not satisfied with the above order, the appellant has filed this appeal petition. The appellant can be exonerated from the liability for payment of surcharge up to the date of issue of arrears notice dated 19-11-2014. Respondent is directed to issue revised demand for the arrears along with surcharge with effect from 19-11-2014. Appeal petition is admitted. Order of CGRF in OP No. 94/2015-16 dated 29-12-2015 is set aside. No order as to costs.
P/008/2016 Sri Alfred David, Chalakkudy - 680683

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The appellant is a consumer and is having 7 single phase service connections with Consumer Nos. 30720, 30721, 30722, 30723, 30724, 30725 and 30726, under Electrical Section, Chalakkudy. Each connection has a connected load of 990 watts and the tariff allotted was domestic LT‐I A. The tariff was changed from LT I A to LT VII A ‐ commercial, on the basis of an inspection conducted by the APTS in the premises on 25-04-2015. During the inspection it is found that the premise is being used as lodging purpose for the labourers, which comes under commercial category. Against the tariff change from domestic to commercial category and the issuance of short assessment bill, the appellant filed a petition before the Assistant Engineer, Electrical Section, Chalakkudy who afforded an opportunity to hear the appellant and thereafter issued final bills confirming the provisional bills. Against the above decision, the appellant filed a petition before the CGRF, Ernakulum, requesting for restoration of tariff back to LT I A category. But the Forum dismissed the petition holding that “the Forum has no jurisdiction in the subject matter”. Not satisfied with the decision of the Forum the appellant filed this Appeal Petition. It is evident that though the appellant availed separate service connection to the line room, failed to establish that each room is provided with separate kitchen or similar amenities necessary for a residential building. Hence the change of category of tariff from domestic to commercial is found in order. The appeal is admitted to the extent ordered above. The order of CGRF in OP No. 109/2015-16 dated 16-02-2016 is set aside. No order as to costs.
P/10/2016 Smt. Satiamma, Kollam

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The appellant is a consumer under Electrical Section, Kottarakkara West with consumer number No. 16336. The appellant alleged that the respondent had shifted the electric post situated away from her premises and erected an old wooden post in her premises. Due to the shifting of post and the overhead line drawn for giving service connection to Smt. Bhavani is passing through the balcony of appellant’s residential building without maintaining statutory clearance. Since the situation is very unsafe, she apprehended that at any time it may endanger to the appellant and also to the general public. Though she filed several complaints to remove the OH line from her property the respondent has not taken any action in this regard. Aggrieved against the inaction of the respondent, the appellant approached the CGRF (South), Kottarakkara with a complaint. But the Forum disposed of the complaint vide order in OP No. 1620/2015 dated 27-01-2016 holding that the difficulties of the complainant can be solved by replacing the wooden post with a concrete post and to rearrange the cross arm for obtaining line clearance and issued the following directions: (1) The respondent shall arrange the work with immediate effect to solve the issue. (2) A letter shall be given to the petitioner informing about the future inconvenience/accident happens due to the OH line & electric post. Not satisfied with the above direction, the appellant has filed this appeal petition before this Authority with a plea to shift the post No Ek149/2 to the south of the road. There is no justification in keeping such a non standard overhead line which is found very unsafe to human beings. Hence the respondent is directed to take immediate steps to remove the line passing through the balcony of the appellant's residential building and to replace the same only after following the statutory clearance as per rules. Appeal is allowed and order of CGRF in OP No. 1620/2015 is modified. No order as to costs.
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