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Orders of Kerala Electricity Ombudsman  in pdf format
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P/183/2015 Sri K.P. Siyad Muvattupuzha

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The appellant is running a Company in the name of Kunnathan Chip Boards Pvt. Ltd., bearing Consumer Code LC No. 5/6909 under Electrical Section, Velloorkunnam. The appellant had submitted application for high tension power to their unit with contract demand of 950 kVA to the respondent and remitted an amount of Rs 28,74,000.00 in connection with the expenditure incurred by the licensee towards the distribution side works. Further, the licensee has demanded a sum of Rs 19,60,800 computed @ Rs. 2,064.00/kVA as pro-rata transmission side development charges on per kVA basis from the appellant, vide letter No. TDKM – 89/12-13 dated 1/12/2012 of Executive Engineer, Electrical Division, Kothamangalam. Against this demand, the appellant approached the Hon'ble High Court by filing W.P. (C) 21311 of 2015. The Hon’ble High Court, vide impugned judgment dated 15-7-2015, ordered the appellant to approach the CGRF and also held that not to disconnect the supply pending final orders of the CGRF. Accordingly the appellant filed a petition before the CGRF which was disposed vide Order No. 61/2015 dated 21-11-2015, with a finding that the demand raised by the respondent is correct and the appellant is bound to pay the same. Challenging the decision of the CGRF, the appellant approached this Authority by filing this appeal petition. According to the judgment in Writ Appeal No. 900/2013 of Hon'ble High Court and in OP No. 22/2011 of Hon'ble Commission, the licensee can recover transmission charges from the appellant and this Authority is of the view that there is no violation in issuing demand for transmission charges. But it is found that the cost estimate is not in accordance with the order dated 23-05-2011 in petition No. TP-87/2011. Hence the respondent is directed to issue revised demand in accordance with order dated 23-05-2011 in petition No. TP-87/2011 to the appellant for 950 kVA on proper acknowledgement within a period of 30 days from the date of receipt of this order. Appeal is admitted. CGRF order is modified. No order as to costs.
P/172/2015 N.J. James Kottayam.

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The appellant, Sri N.J. James, Managing Director, Neerackal Latex (P) Ltd., is a consumer of electricity having consumer No. 22890 under the Electrical Section, Kaduthurthy. The connection to the premises was originally given under LT supply with a sanctioned load of 77 kW. Later on request, the connected load was enhanced and the connection was converted into HT supply. Since the light load in the premises of the appellant was not segregated and metered, a penal bill for Rs. 1,70,005.00 served on him by the respondent. The appellant filed an objection against the penal bill before the Special Officer (Revenue), but the said bill was confirmed by proceedings dated 30-05-2015. Aggrieved against this, a complaint was filed before the CGRF (South), Kottarakkara. The Forum dismissed the complaint vide order in OP No. 1523/2015 dated 08-10-2015. Against the above order, the appellant has filed this appeal petition before this Authority. In view of the settled legal position, short assessment issued without observing the mandatory provisions of the Act is not sustainable. The action of the licensee without complying the legal formalities amounts to arbitrariness and denial of natural justice. Hence the penal bill issued for Rs. 1,70,005.00 is quashed. Appeal is admitted. CGRF Order in OP No. 1523/2015 dated 08-10-2015 is set aside. No order as to costs.
P/174/2015 Sri Godson Varghese, Perumbavoor.

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The appellant Sri Godson Varghese is the Managing Partner of M/s. Apex Rubber Industries, Rubber Park, Valayanchirangara P.O, Perumbavoor, engaged in the business of manufacturing tread rubber and allied products. The connection was given to the industrial unit by the Rubber Park India Ltd. the Licensee, bearing consumer No. 128, under HT I tariff with a Contract Demand of 325 kVA. The respondent has issued a demand notice for back assessment amounting to Rs. 18,24,091.00 towards the energy charges of unrecorded consumption of 401964 units during the period from 01-04-2013 to 01-1-2014 alleging that an error occurred as a result of the interchanged polarities of the phase currents. Aggrieved by this, the appellant approached the Managing Director of Rubber Park India Pvt. Ltd, and preferred a petition. The appellant also filed a Writ Petition No. WP (C) 19814/2014 before the Hon’ble High Court of Kerala which was disposed of on 07-08-2014 with a direction to consider the objections of the appellant by the Managing Director of Rubber Park India Pvt. Ltd, the 2nd respondent in the Writ Petition. The Managing Director of Rubber Park India Pvt. Ltd has ordered to revise the disputed bill and directed to remit an amount of Rs. 18,12,670.00. Aggrieved against the said order, the appellant approached the Hon'ble CGRF of the licensee on 14-05-2015, for redressal of grievance. A complaint along with detailed note regarding the entire episode was submitted before the CGRF of the Licensee pleading redressal of grievance. But the Forum directed the appellant to remit the entire amount of Rs. 18,12,670.00 assessed by the respondents and disposed the petition accordingly. Aggrieved against the above order, the appellant has filed this appeal petition before this Authority. It is evident that the licensee has not conducted any inspection or not prepared any mahazar or not conducted testing of the disputed meter in an approved lab or at Electrical Inspectorate. It is the duty of the respondent to rectify the defects, if any found in the meter or CT and to ensure that the electrical installation is working properly. If the officers of the licensee were negligent in the matter of inspection of the same, it is totally unjust to saddle the appellant with a liability to pay huge amount all of a sudden in lump sum. In view of the findings there is no justification for issuing such a huge bill for Rs. 18,12,670.00 as long as the appellant had done any malpractice or theft of energy. Hence the assessment is quashed. Appeal is admitted and the order of CGRF Rubber Park India (P) Ltd. 02/2015 dated 27-10-2015 is set aside. No order as to costs.
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