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Orders Files: 1265
Orders of Kerala Electricity Ombudsman  in pdf format
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P/167/2015 M/s Ahammed Roller Floor Mills Pvt. Ltd., Kozhikode

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M/s Ahammed Roller Flour Mills Private Limited, a High Tension with consumer Code No HTB-13/1331 of the Kerala State Electricity Board Limited having a contract Demand of 350 kVA, under Electrical Section, West Hill in the jurisdiction of Electrical Circle, Kozhikode. The Meter Testing Unit attached to TMR Division, Kannur inspected the premises of the appellant on 30-06-2014 based on the complaint dated 12-06-2014, declared the CT/PT unit as faulty and directed the appellant to replace the CT/PT with ratio 20/5A class 0.5 accuracy. The appellant was issued with revised electricity bills for the months of May, June and July 2014 amounting to Rs. 11,17,769.00 on the basis of average consumption of 109520 units per month subsequent to replacement of CT/PT. Aggrieved by this, the appellant approached the CGRF, Kozhikode by filing a Complaint No. 61/2014-15. The CGRF dismissed the petition vide order dated 02-09-2015 by holding that the bill issued is in order. Still aggrieved with the above decisions of CGRF, the appellant has approached this Authority with this appeal petition on 21-10-2015. There is no reasonable justification for issuing short assessment bill for Rs. 11,17,769.00 and hence quashed. However, the respondent is directed to revise the bill based on the average consumption for the previous billing cycle from 03/2014, 04/2014 and 05/2014 as per Regulation 125(1) of Supply Code, 2014. The average consumption shall be levied only for a maximum period of 2 billing cycles as per Regulation 125(2). Order of CGRF in OP No. 61/20114-15. Appeal is found having some merits and is allowed to the extent as ordered. No order as to costs.
P/164/2015 Johnson C. O. Kollam

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The Appellant is a consumer having consumer No. 11600 of Electrical Section, Thankassery, under LT I A domestic tariff. The registered connected load of the appellant is 10 kW. On 13-01-2014, the officials of Electrical section, Thankassery conducted a surprise inspection in the premises and detected that the appellant has been using the residential building with consumer No. 11660 as an establishment for accommodating tourists under the name "M/s Global Backwaters Resorts" with connected load of 19 kW. Hence a penal bill for an amount of Rs. 78,865.00 was issued to the consumer on 03-01-2014 under Section 126 of Electricity Act, 2003, after changing the tariff to LT VII A and later issued the final bill for Rs. 68,065.00. The appellant remitted 50% of the assessed amount and filed appeal before the Appellate Authority as per Section 127. Meanwhile, the appellant filed a petition before the CGRF vide OP No: 1527/2015 which was held that "Since the case is pending before the Appellate Authority and the Appellate Authority heard the matter but not yet released the order, the Forum does not want to interfere the case at this stage". Considering the above facts, the Forum dismissed the case. Not satisfied with the above order of the Forum, the appellant filed this appeal before this Authority. The scheme of serviced villa is different from home stay as the property owner need not have to stay in the premises. In the home stay the owner or their relatives should stay in the premises along with tourists. Since the appellant has got approval from Department of Tourism as serviced villa instead of home stay, he is not eligible for domestic tariff. The order of CGRF is upheld and appeal is disposed of accordingly. No order as to costs.
P/176/2015 Sri P.J. John Edappally, Kochi-24.

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The appellant in this petition had applied for power allocation of 109.5 kW and the respondent directed to remit and amount of Rs. 10,000.00 as cash deposit for issuing power allocation. The appellant had remitted Rs.10,000.00 on 26-10-2007. Further, the respondent prepared an estimate amounting to Rs. 1,67,447.00 for carrying out the work required for giving supply to the appellant. The appellant remitted the estimated amount of Rs. 1,67,447.00 on 14-12-2007. It is alleged that as the appellant failed to avail the supply after a lapse of 90 days from the date of receipt of notice issued by the respondent, demand for an amount of Rs. 11,97,700.00 was issued to the appellant towards the Unconnected Minimum Charges. Being aggrieved by the above demand, the appellant approached the CGRF, Ernakulam by filing petition on 02-07-2015 with a request to waive the Unconnected Minimum Charges. The CGRF disposed the petition vide Order No. CGRF-CR/Comp/42/2015-16/400 dated 29-10-2015 directing the respondent to revise the demand notice for a period 10-04-2013 to 31-03-2014. The supply shall be effected within 15 days from the date of remittance of the Unconnected Minimum Charges by the appellant. Still not satisfied with the decision, the appellant has submitted this appeal petition with a plea to set aside the decision of the CGRF to collect Unconnected Minimum Charges from the appellant for a period 10-04-2013 to 31-03-2014. The respondent failed to prove that any capacity idling or any electrical plant erected exclusively for the use of appellant consequent to the issue of power allocation. In this background, there is no justification for issuing UCM charges for an amount of Rs. 11,97,000.00 and hence quashed. The respondent is also directed to provide HT connection to the appellant within a period of 30 days and to allow the interest admissible for the amount of Rs. 1,67,447 with effect from January 2015. Appeal is found having some merit and is admitted. The CGRF order in OP No. 42/2015-16 dated 29-10-2015 is set aside. No order as to costs.
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