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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/158/2015 - Sri. Shajahan A, Kollam.

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The appellant is a consumer under Electrical Section, Kulathupuzha, who had applied for electric connection to the newly constructed building owned by him and his two brothers. Since the construction of the building was not fully completed, the estimated load demand above 60 kW, considering the plinth area of the building. Hence it is alleged that the appellant was advised to install a transformer exclusively for him. Accordingly, the appellant submitted an application for power allocation of 60 kW, executed an agreement for availing power and remitted first instalment of estimated amount on 06-02-2013. The respondent effected service connection to the building for residential purpose on 05-03-2013. Later, on enquiry the appellant was revealed that installation of a separate transformer is required only when the power requirement is above 50 kVA. Hence the appellant requested the respondent not to proceed with the installation of transformer. But the respondent took necessary steps to install the transformer. The appellant raised objections against the installation of the transformer in front of his building and approached the CGRF, Kottarakkara with a request to dismantle the transformer and to refund the amount remitted by him. The Forum disposed the petition vide order OP No. 1448/2015 dated 30-07-2015 with the following directions. 1. The respondent is directed to refund the security deposit remitted by the petitioner and retain the instalment amount remitted by the petitioner. 2. The transformer installed has no use at present or in future and if any inconvenience to the petitioner, the transformer shall be removed after collecting the dismantling charges from the petitioner. Aggrieved against the above decisions of Forum, the appellant has approached this Authority with this appeal. The respondent is directed to dismantle the transformer and to reimburse the amount remitted by the appellant in this regard at any rate within 30 days from the date of receipt of this order. Appeal is admitted and CGRF order is modified. No order as to costs.
P/153/2015 Dr. K.M. Thomas Periyar hospital, Idukki.

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The appellant, the proprietor of Periyar Hospital, Kumily is a consumer under Electrical Section, Kumily having consumer No. 1332 under LT VI B tariff. The connected load in the premises was enhanced to 72 kW with effect from 23/5/2009 and the meter in the premises was also changed with CT meter with CT ratio 200/5. In an inspection conducted by the APTS team in the premises of the appellant, it was detected that due to the inter changing of the CT connections, the meter was not recording 1/3rd of the consumption. Consequent to this, a short assessment bill dated 25-11-2011 for Rs. 1,75,734.00 was issued to the appellant for the period from 6/2009 to 11/2011. The appellant had challenged the issue before Hon'ble High Court. As per judgment dated 14-08-2012 the Hon'ble High court disposed of the case directing the respondent to recompute the bill for 12 months prior to the date of inspection. Challenging this judgment of the Single Bench, KSEB Limited filed Writ Appeal before the Division Bench and as per order of the Division Bench of the Hon'ble High Court vide order dated 13-02-2014 the matter was remanded to CGRF for appropriate decision. The Hon'ble CGRF limited the period of short assessment for two years instead of the actual period of 2½ years, vide order no CGRF-CR/Comp.242/2013-14 dated 27-8-2014. Still aggrieved with the above decisions of CGRF, the appellant has approached this Authority with this appeal petition. In the absence of a detailed testing of the appellant's meter as prescribed in the Regulation 18(2) of CEA (Installation & Operation of Meters) Regulations, 2006 for detecting the percentage error, if any, there is no justification in issuing a short assessment bill for Rs. 1,75,734.00. Hence the short assessment bill is quashed. The appeal is admitted and CGRF order set aside.
P/151/2015 Smt. Tessy K Mathews Kottayam.

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The appellant, Smt. Tessy K Mathews is a consumer with consumer No. 7899 under Electrical Section, Poonjar, who has availed a single phase connection on 19-04-2014 under LT VII A tariff for the construction purpose and later the tariff was re-categorised under LT VI F. On 15-11-2014, the appellant had applied for tariff change to I A domestic category. On receipt of the application, the Assistant Engineer, Electrical Section, Poonjar inspected the appellant’s premises and requested to rectify the anomalies already noticed. It is alleged that the respondent has not regularized the service connection availed for construction purpose and proceeded against the appellant under Section 138 of Electricity Act, 2003 by issuing a notice dated 09-01-2015 for unauthorised shifting of the meter under non standard conditions flouting safety norms. Aggrieved by this, the appellant approached the CGRF, (South) Kottarakkara by filing a Complaint No. 1356/2014. The Forum disposed the petition vide order dated 27-05-2015 with the following directions. 1. The petitioner shall arrange the suitable & safety place for fixing the meter box. 2. The respondent shall take necessary actions to change the tariff with immediate effect after fixing the meter box in the safe place after collecting the required charges for the necessary works. Aggrieved against the above decisions of Forum, the appellant has approached this Authority with this appeal. Regulation 22(d) of KSERC (CGRF & Electricity Ombudsman) restricts the maintainability of petition filed for the same cause of action and relief, the appeal filed by the appellant needs no further action at this end and accordingly stands dismissed.
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