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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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REVIEW PETITION NO P/054/2014 - The Assistant Executive Engineer Charummodu Alappuzha District

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The review petitioner in this review petition is the respondent in appeal petition No. P/054/2014. The appellant in the appeal petition, Sri T.M. Varghese is a registered domestic consumer with consumer No. 914 under Electrical Section, Charummoodu. He had applied for shifting of 11 kV post from his premises on 24-06-2003 and remitted the work deposit amount of Rs. 7,591.00. Due to the indifference on the part of review petitioner, the review respondent approached CGRF on 07-04-2014. While the matter was pending before the Forum the review petitioner started the shifting work on 14-05-2014. But the Panchayath President of Chunakkara Grama Panchayath objected the above shifting work. According to the local body, the 11 kV post is situated in the Purambokku land. But the review petitioner stated that the shifting work is technically feasible and will not cross any obstruction or inconvenience to public or vehicular traffic. In the circumstances the review respondent took up the matter with Additional District Magistrate on 22-05-2014 for further instruction. The Additional District Magistrate issued orders to shift the post as proposed by KSEB. The CGRF dismissed the petition since the matter was within the jurisdiction of Additional District Magistrate and the review respondent filed an appeal against the order of CGRF. The appeal was posted for hearing by this Authority on 13-02-2015. Then the review respondent intimated that the local body moved against the Additional District Magistrate’s order by a Writ Petition (C) 32786/2014 before the Hon’ble High Court and the Hon’ble High Court by its judgment dated 29-01-2015 upheld the order of Additional District Magistrate. Since the appeal in petition No. P/054/2014 has partly lost its relevance, this Authority had ordered to pay interest on the amount remitted by the review respondent under deposit work for shifting the 11 kV post on 24-06-2003 on account of delay occurred in executing the work. Against the order the review petitioner submitted this review petition stating that the reason for not having executed the work at that time was due to the objection raised by the local residents and the Panchayath authorities. Review petitioner has not pointed out anything which escaped the notice of this Authority while disposing the matter earlier, I hold the review petition is not maintainable and has rejected.
P/138/2015 - Dr. Jose Joseph Alappuzha.

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The appellant, Dr. Jose Joseph is the Managing Trustee of a hospital named “Kattanam Medical Centre” bearing LT Cons. No. 13538 under Electrical Section, Kattanam. On 22-05-2015, APTS, Kozhikode wing had conducted surprise inspection at the appellant’s premises of Consumer No. 13538 and detected that the appellant being wrongly billed in LT VI B instead of LT VI F tariff. The appellant was served with a short assessment bill dated 23-05-2015 amounting to Rs. 2,85,891.00 for the period from 5/2013 to 4/2015. The complaint filed by the appellant was disposed by the Assistant Engineer, Electrical Section, Kattanam by confirming the bill. Aggrieved by this, the appellant approached the CGRF, Ernakulam by filing a Complaint No. 30/2015-16. The CGRF dismissed the petition vide order dated 08-07-2015 by holding that the short assessment bill is in order. Still aggrieved with the above decisions of CGRF, the appellant has approached this Authority with this appeal petition on 05-08-2015. Short assessment bill issued for Rs, 2,85,891.00 is hereby quashed. Appeal is admitted. Order of CGRF is set aside
P/137/2015 - Sri Sajan Varghese, Kottayam – 686 006

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The appellant, Sri Sajan Varghese, the Managing Director of Mangalam Publications (I) Pvt. Ltd., Kottayam had availed HT connection with Consumer Code HT-28/22/2255 under Electrical Section, Kottayam East. An inspection was conducted in the appellant’s premises and a site mahazar was prepared alleging connected load as 510.851 kW. Based on the above findings, a penalty of Rs. 36,39,604.00 was issued to the appellant. Aggrieved by this, the appellant approached Hon’ble High Court of Kerala for redressal of grievance. The Hon’ble High Court ordered remittance of 50% of the disputed amount and stayed further proceedings still disposal of petition. Meanwhile, the appellant made an application for enhancement of contract demand to 320 kVA from 206 kVA and remitted application fee, processing fee etc. Since the existing CT/PT unit with CT ratio 15/5 was a new one, the appellant decided to replace the same with a 20/5 A after getting necessary modification by the manufacturer. So the appellant requested 25 days time for submitting the scheme approval and the same was sanctioned by the Deputy Chief Engineer, Electrical Circle, Kottayam. The time extension sanctioned was further extended for a period of two months from 19-02-2014. On 27-03-2014 the appellant submitted HT agreement for enhancing the contract demand to 320 kVA along with connected documents. The test report of CT/PT unit with CT ratio 20/5 dated 18-03-2014 was also submitted along with the application. It is alleged that the respondent has not taken any action on that application for enhancing the contract demand till 12-12-2014. Instead, issued a penal bill for Rs. 33,11,236.00 towards the 50% extra charges over the prevailing rates on both demand and energy charges for the period from 05/2014 to 12/2014 for not providing the CT/PT unit before the sanctioned period i.e. 18-04-2014. The CT/PT unit was tested at TMR Division, Pallom and the test report dated 18-03-2014 was submitted along with the HT agreement. But the CT/PT unit and the meter were not commissioned and HT agreement was also not executed for the reasons that the penalty for unauthorized load was pending. Aggrieved against the bill the appellant approached the Hon’ble CGRF, Kottarakkara and the Forum on 30-06-2015 disposed the petition on the finding that the appellant is solely responsible for the delay in reinstating the CT/PT unit. Not satisfied with the above order, the appellant submitted this appeal petition. The penal bill issued for Rs. 33,11,236.00 is found not in order and hence quashed. Appeal is allowed. Order of CGRF is set aside.
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