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Category: Orders
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Orders of Kerala Electricity Ombudsman  in pdf format
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P-008-2022- Secretary, Royal Gardens, Ernakulamn-Order 21-04-2022

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The APTS of the Licensee conducted an inspection in the premises on 09-07-2021 and detected that, even though the Current Transformer (CTs) used in the metering system was 200/5 ratio, Multiplication Factor used for arriving at the actual consumption is only ‘20’ instead of ‘40’. The inspecting officers of the Licensee prepared a site mahazar to that effect and issued a short assessment bill for Rs.23,79,177/- dated 29-07-2021 for the period from 14-04-2007 to 09-07-2021. The appellant filed a complaint before the Licensee, but rejected and hence, filed a petition before CGRF, Central Region and the Forum in its order dismissed the petition. Aggrieved by the decision of the Forum, the appellant filed appeal petition before this Authority. It is decided to quash the short assessment bill for Rs.23,79,177/- dated 29-07-2021 issued to the appellant. The respondent is directed to revise the bill period for twenty-four months prior to the date of inspection and issue within 15 days from the date of order. The respondent shall grant 12 numbers instalments without interest to the revised bill amount so prepared. The appeal petition filed by the appellant is disposed of as such. The order of CGRF, Central Region in OP No. 26/2021-22 dated 23-12-2021 is set aside.
RP-004-2021-Sirajul Huda Education Complex-Order 13-04-2022

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The appellant is the General Secretary of Sirajul Huda Educational Complex, Kuttiyadi and is running the school “Sirajul Huda English Medium School” at Kuttiyadi. An electric connection has been given to the school with consumer number 1166292010792 from Electrical Section, Kuttiyadi. The appellant’s institution is a Self-Financing Educational Institution. Following the judgement of Hon'ble Supreme Court of India in Civil Appeal No. 8350 of 2009 filed by KSEB Ltd. pertains to the tariff category, the appellant was given a short-assessment bill for Rs.4,84,731/- (Energy charge Rs.1,51,242/- + Surcharge Rs.3,33,489/-) on 22-01-2021 being the difference in tariff between LT VIA and LT VIIA for the period from 09/2008 to 06/2010. The appellant approached the Consumer Grievance Redressal Forum (CGRF), Northern Region for the exemption of surcharge from the electricity bill, filing OP No. 145/2020-21 and the Forum in its order dated 25-08-2021 dismissed the petition allowing 12 monthly instalments. Aggrieved by the decision of the Forum, the appellant filed an appeal petition vide P-062/2021 before this Authority and a decision was taken on 30-12-2021 as follows: “Since the appellant was given the short assessment bill as per the judgement of Hon’ble Supreme Court of India and for the reasons detailed above, the appeal petition No. P062/2021 filed by the appellant stands dismissed. The order dated 25-08-2021 in OP No. 145/2020-21 of CGRF, Northern Region is upheld.” Not satisfied with the order of this Authority in Appeal Petition P-062/2021 dated 30-12-2021, the review appellant filed Review Petition vide R.P/004/2022 with following contentions: The request of the review appellant in the review petition was for order permitting the appellant for remitting the short assessment towards the difference in tariff rate of LT VIA and LT VIIA, limiting the period of two years from 05/2011 to 04/2013 without any surcharge or interest. The appeal petition P-062/2021 was analyzed by this Authority on the strength of the judgement of Hon’ble Supreme Court of India dated 20-02-2020 in Civil Appeal No. 8350/2009 filed by KSEB Ltd. In the review petition, nothing is pointed out which escaped from the notice of this Authority while disposing the appeal petition. The review jurisdiction is limited to rectify a mistake or an error, which is apparent on the face of records and it cannot be used as appellate jurisdiction. In this background, this Authority did not find any reason to intervene the order already issued. In view of the above discussions, I hold that review petition is not maintainable and hence, rejected.
RP-003-2022-Sirajul Huda English Medium School-Order 13-04-2022

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The appellant is the General Secretary of Sirajul Huda Educational Complex, Kuttiyadi and is running the school “Sirajul Huda English Medium School” at Peringathoor. An electric connection has been given to the school with consumer number 11168171004460 from Electrical Section, Peringathoor. The appellant’s institution is a Self-Financing Educational Institution. Following the judgement of Hon'ble Supreme Court of India in Civil Appeal No. 8350 of 2009 filed by KSEB Ltd. pertains to the tariff category, the appellant was given a short-assessment bill for Rs.1,43,509/- (Energy charge Rs.67,386/- + Surcharge Rs.76,123/-) on 12-01-2021 being the difference in tariff between LT VIA and LT VIIA for the period from 12/2009 to 31-01-2021 towards the difference in tariff between LT VIA and LT VIIA. The appellant approached the Consumer Grievance Redressal Forum (CGRF), Northern Region for the exemption of surcharge from the electricity bill, filing OP No. 136/2020-21 and the Forum in its order dated 13-08-2021 dismissed the petition allowing 12 monthly instalments. Not satisfied with the decision of the Forum, the appellant filed an appeal petition vide P-061/2021 before this Authority and a decision was taken on 30-12-2021 as follows: “Since the appellant was given the short assessment bill as per the judgement of Hon’ble Supreme Court of India and for the reasons detailed above, the appeal petition No. P061/2021 filed by the appellant stands dismissed. The order dated 13-08-2021 in OP No. 136/2020-21 of CGRF, Northern Region is upheld.” Not satisfied with the order of this Authority in Appeal Petition P-061/2021 dated 30-12-2021, the review appellant filed Review Petition vide R.P/003/2022 with the following contention: The request of the review appellant in the review petition was for order permitting the appellant for remitting the short assessment towards the difference in tariff rate of LT VIA and LT VIIA, limiting the period of two years from 05/2011 to 04/2013 without any surcharge or interest. The appeal petition P-061/2021 was analyzed by this Authority on the strength of the judgement of Hon’ble Supreme Court of India dated 20-02-2020 in Civil Appeal No. 8350/2009 filed by KSEB Ltd. In the review petition, nothing is pointed out which escaped from the notice of this Authority while disposing the appeal petition. The review jurisdiction is limited to rectify a mistake or an error, which is apparent on the face of records and it cannot be used as appellate jurisdiction. In this background, this Authority did not find any reason to intervene the order already issued. In view of the above, the review petition is not maintainable and hence, rejected.
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