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Orders of Kerala Electricity Ombudsman  in pdf format
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P/177/2015 The Secretary, Ice Sellers Sannadha Sangam, Kollam

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The appellant is running an ice production unit in the name and style "Ice Sellers Sannadha Sangam" and is an industrial consumer (LT IV A tariff) having a three phase connection with consumer no. 1145717014951 under Electrical Section, Chavara. On 23-02-2015 APTS team Thiruvalla inspected the premises of the appellant along with Sub Engineer, Electrical Section, Chavara who prepared a mahazar stating that 3rd phase of the meter is not recording the actual consumption due to the defect in the CT meter connection and also detected that the meter is recording only 2/3rd of the total consumption. Hence a short assessment bill dated 21-05-2015 for Rs. 9,73,097.00 (Nine Lakhs seventy three thousand and ninety seven only) for the period from 3/2014 to 2/2015 was served on the appellant on 25-05-2015. Aggrieved against this, the appellant approached the Consumer Grievance Redressal Forum (South), Kottarakkara by filing a complaint No. 1530/2015 which was dismissed vide order dated 07-11-2015. Still aggrieved with the above decisions of CGRF the appellant has approached this Authority with this appeal petition. In view of the above discussions it can be concluded that the short assessment issued for a period of one year from 03/2014 to 02/2015 is without any valid grounds and hence decided to quash the same. The respondent is directed to revise the assessment based on the average consumption for the 3 billing cycles after the rectification of defects in the CT connections for a maximum period of 2 billing cycles as per Regulation 125 of Supply Code, 2014. Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is admitted. CGRF order in OP No. 1530/2015 dated 07-11-2015 is set aside. No order as to costs.
P/006/2016 Dr. N.G. Mejoy Sebastine Kochi – 682 012

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The appellant is a consumer under Electrical Section, Cheranellore having 4 Nos. of electrical connections having the following consumer Nos. and tariffs. 1. Consumer No. 3376 LT I A II Floor 2. Consumer No. 3377 LT I A I Floor 3. Consumer No. 3378 LT VII B Ground Floor 4. Consumer No. 3379 LT I A Ground Floor The connections are registered in the name of Smt. Mema P.G., the appellant’s mother-in-law and the appellant is the occupant of the building at present. On 17-09-2015, a team of APTS inspected the premises and detected that the service connections with consumer Nos. 3377 and 3379 issued for domestic purpose are being used for commercial purposes. Based on the above findings the Assistant Engineer, Electrical Section, Cheranellore issued two penal bills dated 19-09-2015 for Rs. 11,872.00 (consumer no. 3379) and Rs. 14,407.00 (consumer no. 3377) which was remitted by the appellant on 25-09-2015. Aggrieved against this, the appellant filed a complaint before the CGRF (Central Region), Ernakulam. The Forum dismissed the petition vide order No. 91/2015-16 dated 23-1-2016 by holding that the case is not maintainable as the disputed penal bill was issued under Section 126 of the Electricity Act, 2003. Against the decisions of the CGRF, the appellant has approached this Authority with this appeal petition. In the case at hand it is evident that even before affording an opportunity to file objections and even before conducting any personal hearing the respondent demanded payment of the amount of penalty provisionally assessed. Such a demand cannot be sustained under law and liable to be quashed. Having concluded and decided as above it is ordered accordingly. The appeal petition is found having some merits and is admitted. Order of CGRF No. 91/2015-16 dated 23-1-2016 is set aside. No order as to costs.
P/181/2015 Smt. Marykutty Thomas, Kottayam.

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The appellant, Smt. Marykutty Thomas, is a consumer under Electrical Section, Kottayam East with consumer No 17018 under LT IA tariff. On 20-08-2014 the APTS Kottayam unit conducted an inspection in the appellant's premises and detected theft of electricity. Consequent to that a penal bill amounting to Rs. 29,000.00 towards the penalty under Section 135 of the Electricity Act, 2003 was served on the appellant and the same was remitted. Later, the appellant had filed complaint before the higher officials of the KSEB Limited against the irresponsibility and negligence of the Lineman and Overseer whose action caused accusation of theft of energy and for the remittance of penal charges. The appellant also approached the CGRF by filing a petition for taking appropriate action against the alleged staff of licensee and the Forum in its order dated 18-11-2015 in OP No.1534/2015 held that “This petition is against a particular staff of the licensee, who had committed mistake, which caused grievances to the consumer. The licensee had already taken steps for action. This Forum has no power or jurisdiction to take action against the staff of the licensee, who had committed mistake against the consumer, during the course of his employment. However the Forum directs the licensee to take immediate steps for redressing the grievances of the petitioner with an open mind.” Not satisfied with the above order, the appellant has filed this appeal petition before this Authority. Without going deep into the merits of the case this Authority is of the view that the respondent had exceeded their powers in booking the case under Section 135 of the Act and in raising the bill for the offence of theft of electricity. The Assessing Officer disposed the appeal even without applying mind to do justice to the appellant. As this Authority have no power or jurisdiction to take disciplinary action against the staff of the licensee who have committed dereliction of duties and negligence, it is decided to direct the licensee to take appropriate action against the staff concerned. Also it is directed to review the case of the appellant after applying mind to do justice and to refund the amount collected from the appellant. Having concluded and decided as above it is ordered accordingly.
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