KERALA ELECTRICITY OMBUDSMAN
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Ernakulam, Kerala-682 016
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Downloads - Orders - P/019/2017 Sri Ashraf P.M. Thrissur
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 P/019/2017 Sri Ashraf P.M. Thrissur  |
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| The service connection with consumer No. 1648 under Electrical Section, Thalikulam was registered in favour of the appellant’s father, Sri Muhammed, who expired during 2005. Since the appellant failed to remit the electricity charges of the above service from 4/1999 onwards, the respondent disconnected the service during 2009 and subsequently dismantled. So, the appellant had filed a petition before the Consumer Disputes Redressal Forum (CDRF), Thrissur against the dismantling of the service connection. The appellant also requested for reconnection and to compensate the loss sustained to him due to the dismantling of service by the respondent. The Hon’ble CDRF, Thrissur, disposed of the complaint vide order No CC.66/2010 dated 16-05-2014 after allowing the complaint partially and the following orders are passed. a) “To restore the power supply is made absolute. b) The complainant is directed to submit application for exemption to the Agricultural Officer within one month, who should dispose the same within a month. If he is found eligible for exemption, he has right to get exemption from the inception. c) No order as to costs”. Even though the respondent reconnected the service as per the orders of CDRF, the appellant had not produced any sanction from the Agricultural Officer for exemption of payment of electricity charges. Hence the respondent issued notice for disconnection along with arrear bill. But the appellant has not remitted the arrear bill; the service was disconnected and later dismantled after issuing notice to the appellant and revenue recovery proceedings initiated to recover the arrear amount. Aggrieved against this, the appellant filed a petition before the CGRF, Ernakulam on 23-01-2017 which was not admitted but rejected on the ground that the complaint does not come under the category of grievance of an ‘Electricity Consumer’ as specified in the Regulations, vide letter No. CGRF-CR/Misc/2016-17 dated 31-01-2017. Feeling aggrieved with the above decision, the appellant has filed this appeal petition before this Authority with a request to restore the electricity connection, to set aside the arrear bill and also to cancel the RR action already initiated against the appellant. Having considering the totality of the facts and circumstances, I hold that the demand issued to the appellant is not sustainable and hence the same is quashed. The respondent is directed to issue fresh demand towards the electricity charges for the period after 2009 in accordance with the Regulation 136(3) of Supply Code, 2014. This shall be done at any rate within 30 days from the date of receipt of this order. No surcharge shall be levied from the appellant during the appeal pending period. Having concluded and decided as above, it is ordered accordingly. The appeal petition filed by the appellant stands disposed of with the decisions ordered as above. No order as to costs. |
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