KERALA ELECTRICITY OMBUDSMAN
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Downloads - Orders - P/36/2017 K.M. Mohandas, Thrissur.
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 P/36/2017 K.M. Mohandas, Thrissur.  |
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| The appellant is a registered consumer with consumer no. 8459 C under the electricity distribution licensee, Thrissur Corporation. The LT service connection given to the appellant on 30-04-1990 and it was converted to HT connection with effect from 07-04-2014. Initially the LT supply was given from a transformer having capacity of 250 kVA under minimum guarantee scheme agreement on condition that a sum of Rs. 5,406/- payable by every month for a period of 8 years. The appellant had remitted Rs. 11,550/- on 10-10-1998 and Rs. 5,59,741/- on 30-11-2012 as security and additional security deposit respectively. The respondent had dismantled the old outdoor transformer and shifted to another location, on commissioning the HT indoor transformer in the premises of the appellant. The appellant had demanded refund of the security deposit made by him towards the LT connection and also the cost of LT transformer which was installed at his expenses. Further appellant has stated that for shifting the old transformer to the new location, laying the cables including earth works and other associated connected works, the total amount was paid by the appellant which also to be repaid. The appellant approached the respondent with a request to refund the following amounts with interest vide a number of letters. Cost of transformer = Rs. 5,18,976/- Amount paid by way of security deposit = Rs.6,09,291/- The cost incurred for cabling and shifting of existing transformer to the new location = Rs. 7,55,929/-. Their request was not considered by the respondent, the appellant had submitted a petition dated 08-02-2016 directly to this Authority without approaching the CGRF, Thrissur Corporation as per the existing rules. The appellant was informed by this Authority that since the Thrissur Corporation filed WP © No. 26882 of 2016 before the Hon’ble High Court of Kerala against the orders dated 29-12-2015 issued in appeal petition No. P/127/2015 and order dated 06-06-2016 in review petition No. P/127/2015, this office is not in a position to take any action in this regard. Challenging this, the appellant approached the Hon'ble High Court of Kerala in W.P. (C) 6771 of 2017. The Hon'ble High Court of Kerala, on 01-03-2017, directed the 1st respondent i.e., this Authority to consider the representation made at Ext. P1 within a period of three months, with notice, after affording a personal hearing to the petitioner and the 2nd respondent. Accordingly notices were issued to the appellant and the respondent and heard both parties on 25-05-2017 and 02-06-2017. In view of the above discussions, it is decided to reject the request of the petitioner for the cost of transformer and shifting charges. Here in this case, a Writ Petition is seen filed by the respondent, Thrissur Corporation before the Hon’ble High Court of Kerala vide W.P. (C) 26882 of 2016 and is pending for its decision. Hence it is further decided that the request of the petitioner for the refund of Security Deposit is subject to the judgment of the Hon’ble High Court of Kerala in the said Writ Petition. The respondent will consider the request for refund of the security deposit on the basis of the disposal of the writ petition filed by them. The appeal filed by the appellant is disposed of accordingly. Having concluded and decided as above it is ordered accordingly. No order as to costs. |
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