KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
Ph: 0484 2346488, Mob: 8714356488
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Category: Orders | ||
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Files: 1327 | |
Orders of Kerala Electricity Ombudsman in pdf format |
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The Anti Power Theft Squad of KSEB Ltd. inspected the premises of the appellant and found that the consumption was not recorded in ‘B’ phase of the CT operated meter due to the improper CT connection in ‘B’ phase. The respondent issued a short-assessed bill to the appellant and hence, the appellant filed a petition before the CGRF, Southern Region, Kottarakkara. The Forum in its order decided as follows: (1) The respondent is directed to revise the short assessment bill by limiting the period of short assessment to twenty-four months and to allow 12 monthly instalments to the petitioner without interest for the remittance of the amount, if the petitioner desires. Then the appellant filed this appeal petition before this Authority. It is decided to quash the short assessment bill issued to the appellant. The respondent is directed to test the metering system including energy meter and Current Transformers (CTs) as per rules and ascertain its correctness within 30 days from the date of order. If the metering system is correct, the respondent shall revise the bill under ToD system for 24 months taking the average of the recorded consumption and issue to the appellant within fifteen days from the date of receipt of test result of the meter. If the metering system is defective, the respondent shall follow the procedure as per the relevant Regulations of Kerala Electricity Supply Code 2014. The order of CGRF, Southern Region, Kottarakkara in OP No.44/2021 dated 20-09-2021 is set aside. |
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The appellant remitted Rs.1,41,894/- towards “other charges” specified in the regular monthly bills from 01-11-2018 to 02-11-2020. As per respondent “other charges” mentioned in bills are low power factor penalty. The appellant approached officials of KSEBL at various levels for the refund of “other charges” from 01-11-2018 to 02-11-2020. Since no action was taken by the Officers of KSEB Ltd., the appellant filed petition in CGRF, Northern Region, and the Forum in its order dated 02-03-2021 rejected the request of the appellant. The appellant filed an appeal petition vide P-028/2021 before this Authority and a decision was taken as follows: “There are lapses on the part of appellant in maintaining the rated values of capacitors to avoid power factor disincentives and lapses on the part of respondent to intimate the subject of low power factor to the appellant as per rules. As such, it is decided to refund the power factor penalty realized from the appellant for 12 months from 11/2019 to 11/2020, by limiting the period of refund requested by the appellant. The respondent shall refund the amount realized under “other charges” or “power factor penalty” from the appellant from 11/2019 to 11/2020 within 45 days from the date of order or adjust in the future bills.” This Authority of the view that power factor of the industrial and other applicable categories of the consumers can be improved by monitoring the data available to the Licensee. 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. It is decided that review petition is not maintainable and hence, rejected. |
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The grievance of the appellant is that the respondent issued an exorbitant bill amounting to Rs. 23,119/- on 28-9-2017 for a bimonthly consumption of 2811 units. The appellant filed a petition before the CGRF, Kozhikode with a request to grant 12 equal monthly instalments and the Forum disposed of the petition allowing the petition. The appellant had filed an appeal petition before this Authority with a request to waive the bill amount of Rs. 23,119/-. The appellant was directed to prefer a petition describing his grievances before CGRF by complying with the formalities for filing petition, if he desires so and the CGRF shall consider the same, vide order no. P/09/2018 dated 30-04-2018. On the basis of this order, the appellant submitted another petition before the CGRF, which was dismissed in Petition OP No. 35/2018-19 dated 31-07-2018. The appellant filed appeal petition before this Authority with a request to waive the bill amount of Rs. 23,119/-. This Authority took a decision in the Appeal No. P-074/2018 as follows: “The bill for Rs. 23,119/- is quashed. The respondent is directed to revise the bill for the period from 4-5-2017 to 28-9-2017 by taking the average of the consumption of three billing cycles after 3-11-2017 after deducting the bills already paid during the disputed period. The order of CGRF, Kozhikode vide order no. P/35/2018-19 dated 31-07-2018 is set aside. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed. No order on costs.” Against the order, the Review Petitioner submitted the review petition after 1140 days with a request to review the order dated 08-11-2018 in Appeal No. P-074/2018 and to issue a revised order. In the review petition nothing is pointed out further, which escaped from the notice of this Authority while disposing the appeal petition. This Authority had considered all the arguments while disposing the appeal petition. A decision once rendered by a Competent Authority/Court on a matter in issue between the parties after a full enquiry should not be liable to be agitated over again before the same Authority/Court. In this background, this Authority did not find any reason to intervene the order already issued. Hence, it is decided that review petition is not maintainable and hence, rejected. |
KERALA ELECTRICITY OMBUDSMAN
D.H. Road & Foreshore Road Junction,
Near Gandhi Square,
Ernakulam, Kerala-682 016
Ph: 0484 2346488, Mob: 8714356488
Send an email to info@keralaeo.org
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