Beruflich Dokumente
Kultur Dokumente
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/B/G-273/2016
Dated : 25.05.2017_
Sri Honnaiah,
S/o late Chikkaiah,
No.86, 7th Cross,
Sunkada katte,
Bengaluru – 560 091. … Appellant
(Party in person)
And :
*****
3. Both the parties were informed vide letter dated 14.02.2017 regarding
availability of sub-regulation 20(1) of KERC (CGRF & Ombudsman) Regulations,
2004 for settlement by conciliation and mediation.
5. The AEE has submitted his reply for the appeal on 23.3.2017 as follows:
.
(c) The internal auditor has conducted a search (vÀ¥Á¸ÀuÉ) and has reported
that during the period for which the meter was faulty (19.01.2013 to
23.09.2013, there was shortage of demand at Rs.4,272.
6. The AEE has produced copy of the notice dated 28.10.2015 issued to
the appellant wherein it is stated that taking 76 units as the average
consumption per month, he has arrived at the total of 667 units for the period
from 19.1.2013 to 23.9.2013. Applying the tariff prevailing at the relevant
points of time, has demanded Rs.4,272, failing which action would be taken to
recover the amount.
Accordingly, the AEE says that in compliance of the orders of the CGRF dated
23.07.2016 that as per the order of CGRF the assessment was redone as
required under Regulation 27.04 of Conditions of Supply and the back billing
reduced from Rs.4,272-00 to Rs.3631-00.
9. The oral and written submissions made by both the parties perused
and considered. The report of the AEE vide letter dated 23.03.2017 reveals
the fact that a verification is made and the assessment is revised for the period
under question as ordered by CGRF. The back billing is reduced to
Rs.3,631-00. The report submitted by R-1 shows that he has replied well in
time on the issues raised by the Appellant. It is also seen and noticed that the
appellant has been informed about the action taken as ordered by CGRF. No
vital reasons are found in the appeal to interfere with the order of the CGRF.
Therefore, the appeal is dismissed.
Sd/-
(B.N. Krishnaiah)
Electricity Ombudsman
To :
1 Sri C.Honnaiah, S/o late Chikkaiah, No.86, 7th Cross, Sunkada katte,
Bengaluru – 560 091.
2. The Chairperson, CGRF, Bangalore Urban District, BESCOM, West
circle, 05, 3rd stage, Bhimajyothi HBCS Layout, Next to Chord Road Hospital,
Basaveshwara Nagar, Bangalore-560079.
****
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/B/G-267/2016
Dated : 12.01.2017
Sri L.N.Gangaraju,
S/o L.R.Nagarajappa,
No.E-33/1, 1st Main Road, 1st Cross,
Laggere, 2nd Phase,
Bengaluru – 560 058 … Appellant
(Party in person)
V/S
*****
3. Both the appellants and the respondents were informed vide letter
dated 06.10.2016 regarding availability of sub-section 20(1) of KERC (CGRF &
Ombudsman) Regulations, 2004.
4. The appellant Sri L.N.Gangaraju in his appeal has stated that the
installation in RR No.PNP 4926 relates to the commercial premises and was
vacant from 10.02.2012 to 26.09.2015. On 12.12.2013, BESCOM authorities
without information have changed the meter since it was not functioning.
Thereafter based on the report of the Internal Audit Department a notice was
issued on 10.04.2015 raising a demand of Rs.1,42,375-00 though there is no
supply of electricity till 09.04.2015. Further states that during verification of
the ledger it was noticed that a sum Rs.1,69,105-00 has been paid in respect
of RR No.PNP 4926.
6. The 1st respondent in his reply dated 03.9.2016has submitted that the
installation was connected with 30 HP power supply on 15.07.2006 under LT-
5 (Industrial). Though there has been power consumption the installation is
charged only fixed charges. Based on the average consumption the short
claim was calculated from January 2013 to December 2014 and after
deducting Rs.30,693-00 which was already paid, raised a demand for
Rs.1,42,375-00. The AAO who appeared on 28.12.2016 on behalf of the 1st
respondent has defended the action by the authorities and submitted the
details. However, the AAO further submitted that the Authority i.e. AEE
would visit the premises again, show the reading in the meter to the appellant
and calculate the charges as per norms for which the Appellant also has
agreed.
****
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/C/G-272/2016
Dated : 12.01.2017
V/S
(Party in person)
2. The Chairperson
CGRF & Superintending Engineer,
Chamundeshwari Eelctricity Supply Corporation
Jodi Basaveshwara Road,
Kuvempu Nagar, Mysuru … Respondents
*****
3. Both the appellants and the 1st respondent were informed vide letter
dated 06.12.2016 regarding availability of sub-section 20(1) of KERC (CGRF &
Ombudsman) Regulations, 2004, which both the parties have not availed.
Hence, this Authority proceeds to pass orders on merits of the case.
4. During the hearing of the case on 16.12.2016, the AEE was asked to
furnish copy of the order passed by the Hon’ble High Court of Karnataka in
W.P.17225 of 2007 in Bangalore Electricity Supply Company Ltd., - vs –
M/s.Ghousia College of Engineering. The AEE has furnished copy of the same
to the appellant by his letter dated 23.12.2016, copy of which is also marked
to this Authority.
5. The appellant in his representation to the Authority has stated that the
appellant Trust was sanctioned power supply of 5 KW on 23.01.2007 and
subsequently sanctioned additional 5 KW of power in 2011 and also requested
for additional power supply in 2016. During this period the disturbance came
to be noticed and the CESC has raised the bill for Rs.88,303-00 being the
difference amount.
6. The AEE in his reply has submitted that the appellant was sanctioned
power on 23.01.2008 under category LT-2(b), but in the computer, by mistake,
it is entered as LT-2(a). This was noticed in 2016 and hence, the bill for
Rs.88,303-00 has been raised. This bill is only a short claim and the bill is raised
exercising powers under Clause 29.08 of Conditions of Supply of Distribution
Licensees in the State of Karnataka.
10. Considered the oral and written arguments of both the parties. The
Appellant has agreed to pay the dues in instalments. The matter is remanded
back to the AEE to examine the request of the appellant for payment in
instalments and pass suitable orders as per law.
Sd/-
(B.N. Krishnaiah)
Electricity Ombudsman
To :
8. PS to Secretary, KERC
****
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/C/G-274/2016
Dated : 12.01.2017
V.Kamala,
Propx. M/s. Kamala Industries,
C-147, Industrial Estate,
Yadavagiri,
Mysuru – 570 020 … Appellant
V/S
(Party in person)
2. The Chairperson
CGRF & Superintending Engineer,
Chamundeshwari Eelctricity Supply Corporation
Jodi Basaveshwara Road,
Kuvempu Nagar,
Mysuru … Respondents
*****
3. Both the appellants and the 1st respondent were informed vide letter
dated 06.12.2016 regarding availability of sub-section 20(1) of KERC (CGRF &
Ombudsman) Regulations, 2004, which both the parties have not availed.
Hence, this Authority proceeds to pass orders on merits of the case.
5. Based on the report of L.T. rating division and the vigilance the AEE
raised a bill for Rs.1,37,083-00 on 18.12.2008. To this notice the appellant has
filed the objection on 16.12.2009 and stated that the appellant has not
committed any theft of electricity or unauthorised use of electricity. The AEE
confirmed the demand of Rs.1,37,083-00. Aggrieved by this he has
approached the Hon’ble High Court of Karnataka in the writ petition, and the
Hon’ble High Court has remanded the matter to the AEE. Accordingly, the AEE
has passed a revised order revising the demand from Rs.1,37,083-00 to
Rs.98,478-00 by his order dated 30.06.2010. This was again challenged by
the appellant before the Hon’ble High Court in W.P.23118/2010. The Hon’ble
High Court has considered the case and disposed of the same directing the
6. The submissions made by both the parties and other records are
perused. This is a case dealt under Section 126 and 127 of the Electricity Act,
2003. This Authority has no jurisdiction to entertain the appeal filed against
the orders passed by the Appellate Authority. The Appellant may have to seek
relief from the appropriate competent authority. Accordingly the matter is
disposed off. The interim stay order granted by this Authority on 03.11.2016
stands withdrawn.
Sd/-
(B.N. Krishnaiah)
Electricity Ombudsman
To :
8. PS to Secretary, KERC
****
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/G/G-280/2017
Dated : 29.06.2017
Tahera Khatoon,
D/o late Ahmed Husain,
H.No.3-11-11,
Near Hamdard High School,
Raichur – 584 101 … Appellant
V/S
(AEE in person)
*****
1. This is an appeal under clause 21.02 of KERC (CGRF & Ombudsman)
Regulations, 2004 against the orders passed by CGRF, GESCOM, Raichur,
dated 06.04.2017.
3. Both the appellants and the respondents were informed vide letter
dated 16.05.2017 regarding availability of sub-section 20(1) of KERC (CGRF &
Ombudsman) Regulations, 2004.
4. The case of the appellant is that she has applied for temporary
connection from GESCOM, Raichur, in the year 2014. In the year 2015, she
applied for permanent connection. The AEE issued a bill for Rs.70,553-00
and the appellant sought details for this demand. For this there was no
reply by the AEE. Hence, the appellant approached CGRF in a complaint.
During the pendency of the complaint before the CGRF, the appellant has
paid 50% of the bill. After payment of 50% of the demand amount, the AEE
issued Work Order. Took about on year for providing permanent power
supply to the installation. Hence, the appellant sought for compensation for
the delay at Rs.200-00 per day.
5. The AEE has furnished the reply vide letter dated 28.04.2017 and has
stated as follows:
(ii) The consumer applied for permanent power sanction for 2 KW under
LT-2(a) category when the building was still under construction. On the
request of the consumer that the construction will be completed within a
week, an estimate was submitted on 04.02.2015 by the Section Officer, and
(iv) Notice was served to the consumer by the AEE, O & M USD-1,
demanding back billing charges of Rs.70,553-00 dated 16.04.2015. The
back billing charges was also demanded in the monthly bill of May 2015;
(v) The charges shown in the back billing was not paid and hence the
installation could not be serviced though the Work Order assigned;
(vi) During the pendency of the complaint before the CGRF, the
consumer has paid 50% of the demanded amount and the installation was
serviced on 29.02.2016;
O R DE R
(B.N.Krishnaiah)
Electricity Ombudsman
To:
****
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/G/G-281/2017
Dated : 29.06.2017
Abdul Saleem,
H.No.5-9-74,
Netaji Nagar,
G.D.Thota,
Raichur – 584 104 … Appellant
V/S
(AEE in person)
*****
1. This is an appeal under clause 21.02 of KERC (CGRF & Ombudsman)
Regulations, 2004 against the orders passed by CGRF, GESCOM, Raichur,
dated 06.04.2017.
3. Both the appellants and the respondents were informed vide letter
dated 16.05.2017 regarding availability of sub-section 20(1) of KERC (CGRF &
Ombudsman) Regulations, 2004.
4. The appellant Sri Abdul Saleem has filed the complaint before the
CGRF in Form No.`A’ requesting (1) to order for withdrawal of abnormal bill
of Rs.68,820/- issued for the month of October 2016 and (2) to issue the
correct bill. The complaint filed by the appellant has been dismissed by the
CGRF on 06.04.2017. Hence, he has approached this Authority.
5. The AEE has furnished the parawise reply on 28.04.2017 and has
stated as follows:
(ii) This installation was transferred in the name of Sri Abdul Saleem
(appellant) on22.12.2004;
(vi) Show cause notice was issued to the meter reader on 27.10.2016;
(vii) The meter was calibrated on 10.01.2017 and found that the
percentage error within the range of accuracy and working
normally.
6. The CGRF in its order has stated that “¸ÀºÁAiÀÄPÀ C©üAiÀÄAvÀgÀgÀ ºÉýPÉ
ºÁUÀÆ J¯ï.n. gÉÃnAUï «ÄÃlgï ¥ÀjÃPÉëAiÀÄ ªÉÄÃ¯É «ÄÃlgï£À°è §¼ÀPÉAiÀiÁ zÀ
AiÀÄƤmïUÀ¼À DzsÁgÀzÀ°è MmÁÖgÉ ©®Äè ªÀiÁrgÀĪÀÅzÀÄ ¸ÀjAiÀiÁVgÀÄvÀÛzÉ JAzÀÄ
w½¹gÀÄvÁÛgÉ”. With this the CGRF has stated in its order that the bill raised is
in order. The CGRF has not assigned proper reasons in passing the order.
During the hearing also the authorized representative maintained that the
arrears bill issued at Rs.62,003-00, that too, for a domestic installation is
very high. In fact there is no reply given to the letter of the consumer
seeking details. Inconsistency was pointed out by the authorised
representative in the statement (consumer history statement) produced
before this Authority. The entire case needs to be properly examined as
per rules. Hence, it would be appropriate for this Authority to remand the
case to the CGRF for fresh consideration. Hence, the following order.
ORDER
(B.N.Krishnaiah)
Electricity Ombudsman
To:
****
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/H/G-239/2016
Dated : 21.04.2017
D.K.Chavan,
C/o Tushar M.Baddi,
Near SBI, Keshwapur,
Hubbali. … Appellant
V/S
(a) Direct the respondent to refund the 1/3rd deposit amount paid in respect
of Appeal;
(c) Direct the respondent to strictly comply with the provision of Section 146
and 127(6) of the Electricity Act, 2003 and KERC Conditions of Supply
Regulation 44;
(d) Direct the head of HESCOM to take appropriate action against the
Respondent individual for his wilful disobedience of Licensing Regulations and
the Electricity Act in adjusting the 1/3rd deposit amount towards revenue
arrears.
(ii) The appeal was filed on 27.09.2005 after depositing 1/3 rd amount
(Rs.14,095) vide receipt number 9261 dated 27.09.2005;
(iii) The appeal filed by the appellant to the Appellate Authority came
to be allowed by order dated 07.05.2011. The amount of Rs.14,095
deposited was ordered to be refunded;
(iv) On 02.06.2011 a request was made to the AEE for refund of the
amount and the order passed by the Appellate Authority was also
produced;
(v) Since the amount deposited was not refunded reminders were sent
on 01.08.2011, 27.12.2011 and 27.02.2012;
(vi) The AEE by letter dated 09.03.2012 has informed that during the
appeal before the Appellate Authority the 1/3rd amount (Rs.14,095)
has been adjusted against the dues;
(ii) The AEE and meter testing officer, Dharwad has submitted Report
No.742 dated 16.05.2005 stating that the meter is sticky and hence
back billing at Rs.42,284 raised on average basis for six months;
(iii) The appellant has filed the appeal before the Appellate Authority by
depositing 1/3rd amount. During the pendency of the appeal
against the arrears of Rs.16,800, the appellant has paid only
Rs.2,295. By oversight the amount of Rs.16,351 was considered as
arrears and the deposited amount was adjusted against the dues.
No interest was calculated on the disputed amount of Rs.42,284;
4. The authorised representative for the appellant has filed the written
arguments contending as follows :
(i) It is evident that the installation bearing RR No.SKMP-8 is serviced
on 31.01.1996 with a sanctioned load of 35 HP. The LTR wing on
16.05.2005 has rated the energy meter as sticky and thus a short
claim for a period of six months amount to Rs.42,284 was raised.
The same was challenged before Licensee Appellate Authority. The
Appellate Authority ordered to refund the amount. But the amount
of Rs.14,095 deposited on 27.09.2005 was not refunded.
(ii) The Licensee has addressed letter stating that the deposited
amount was adjusted against the revenue arrears which the law
does not permit them to do so. The Licensee has acted contrary to
Regulations and credited the appeal amount in the appellant’s
monthly revenue account without any order or directions from the
Appellate Authority;
(iii) Under Section 127(2) of Electricity Act “No appeal against an order
of the Assessment under sub-section (1) shall be entertained unless
an amount equal to one third of the assessment amount is deposited
in cash or by way of bank draft with the licensee and documentary
evidence of such deposit has been enclosed along with appeal”.
Hence the appellant has contended that if the 1/3 rd amount was
deposited by way of bank draft then it was not possible for the
licensee to adjust the disputed amount in the revenue arrears
wherein the complainant would also be entitled for benefit of
interest;
(iv) A conjoint reading of Section 127(6) and 154 (6) of the Electricity
Act, the complainant has to be paid an additional amount of 16%
pre annum;
(v) The Licensee has failed to comply with the Electricity Act, Orders or
Directions issued by their superior’s and hence breached the
Statutes and has committed a severe offence by intervening with
the procedures of the Appellate Authority. Hence the authorised
representative has contended that the offender should be punished
under Section 146 of the Electricity Act;
(vi) The CGRF, Hubli, has overlooked the issue and deliberately shielded
the mistake of its employees.
5. The learned Advocate for the respondent has contended that, though
the appellant has filed the appeal by depositing 1/3 rd amount (Rs.14,095),
subsequently, as there were arrears the Licensee has adjusted the entire
deposited amount against the arrears. No interest has been levied for the
arrears. The learned Advocate contended that the action cannot be faulted
as levying interest on the arrears and recovering the same with interest would
amount to refunding the deposit amount with interest. Hence he prayed to
dismiss the appeal.
6. The written and oral submission made by both the parties are
considered. The Respondent authority should have refunded the 1/3 rd
amount deposited immediately as ordered by the Appellate Authority. If any
arrears were there, the License should have initiated action to recover the
same. Aleast at the time of adjusting against arrears the consumer should
have been updated and informed. Here we see a lapse on the part of Licensee.
The HESCOM authorities should initiate action against the official concerned.
7. The sub missions made and order of the CGRF reveal that there were
arrears due from the Appellant. It is also seen that by adjusting the deposited
amount to the HESCOM no loss occurred to the Appellant and Respondent
authority. But the Authorities should keep in mind the procedures/rules while
initiating proceedings.
8. Considering all the above, it is seen that the proceedings and order of
the CGRF is in order. Hence the appeal is dismissed.
Sd/-
(B.N. Krishnaiah)
Electricity Ombudsman
To :
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/H/G-265/2016
C/w
Case No.OMB/H/G-266/2016
Sri M.M.Govankoppa,
C/o Tushar M.Baddi
Near SBI, Keshwapur,
Hubballi … Appellants
****
1. The above said appeals are filed under clause 21.02 of KERC (CGRF &
Ombudsman) Regulations, 2004 against the orders dated 18.06.2016 in
respect of both the appeals passed by CGRF, Hubballi, (hereinafter referred to
as the 2nd Respondent). Since the facts are similar, both are clubbed, heard
together, and disposed off by this common order. Sri Tushar Baddi has
appeared as representative for appellants in both the appeals. Sri
H.V.Devaraj, Advocate appeared in both the cases for the respondent AEE,
Navalgund.
(b) After a lapse of four years the AEE issued a notice separately to both
the appellants saying that in the meter fixed in the intallations the
(c) Bills are required to be issued by the authority after examining the first
calibration report. If the meters are showing abnormal reading then it
is the duty of the meter reader to bring the same to the knowledge of
the AEE at the first instance. Instead they have kept quite and after a
lapse of 4 years they observe and assess;
(d) There is dereliction of duty on the part of the meter readers and also
the AEE;
(f) The installations are CT operated and all the details of the metre is to
be noted in the register and the bill is to be issued after following all
the stipulated parameters;
(b) By oversight the meter constant has been taken as 1 instead of 10;
(e) After considering the provisional bill, and after confirming that the
meter constant was left out, the said appellants were asked to pay the
back billing amount arrived at Rs.5,01,522-00 (Sameer M.Haji) and
Rs.3,04,123-00 (M.M.Govankoppa) within 15 days respectfully;
(f) As the bill amount was not paid within 15 days, one more letter was
issued on 08.09.2015 and 01.10.2015 to both the appellants
respectively and advised to pay the amount;
(g) Since they failed to pay the charges, the installations were
disconnected on 22.09.2015;
(i) Both the consumers i.e. Sri Sameer M.Haji paid Rs.5,04,000-00
commencing from October 2015 to June 2016 and Sri M.M.Govankppa
also paid Rs. 3,04,123-00 starting from October 2015 to April 2016 in
instalments;
5. The appellants have contended that as per norms the back billing can
be raised only for a period of two years. In support of this, the representative
of the appellants has cited following Judgements and hence sought reliefs
made in the appeal memo.
(i). Hemeshbhai J Patel Vs. Deputy Engineer, Madhya Gujarat Vij Company Ltd
passed by Electricity Ombudsman, Gujarat State;
(ii). Shivala Bagh Bhaian Trust Vs. Punjab State Electricity Board passed by
State Consumer Dispute Redressal Commission, Punjab;
(iii). Shri Jaykumar P Lalwani Vs. Executive Engineer, Dakshin Gujarat Vij
Company Ltd., passed by Electricity Ombudsman, Gujarat State;
(iv). President, GIDC Industrial Association Vs. Deputy Engineer, Uttar Gujarat
Vij Company Ltd., passed by Electricity Ombudsman;
(v). Uttar Gujarat Vij Company Ltd., Vs. GIDC Industrial Association passed by
the Hon’ble High Court of Gujarat, Ahmedabad.
(vi). Tagore Public School Vs. Punjab State Electricity Board and another
passed by the Hon’ble High Court of Punjab & Haryana;
(vii). Surinder Kumar Vs. Ombudsman Electricity, Punjab & others passed by
the Hon’ble High Court of Punjab & Haryana.
He submitted and argued that in all the above said Judgements the Hon’ble
Courts have it clear that the authorities should stick to norm of 2 years as laid
down in Section 56(2) of the Indian Electricity Act, 2003. He also highlighted
that there is failure on the part of authority who are scheduled to inspect and
test the meter as required under clause 26.02 of the Conditions of Supply
6. However, the learned Advocate for the respondent has defended the
action taken by the respondent in raising the back billing charges. He has
stated that the vigilance squad noticed the wrong calculation made by
oversight in the instant case during their inspection on 30.04.2015 and
28.07.2015. By oversight the metre constant was taken as 1 instead of 10.
This has resulted in a big loss to the Licensee. Hence, he argued that the action
taken by AEE in raising the back billing charges is in order. Moreover he has
submitted that the appellant has understood the technical flaw which was
noticed by the vigilance squad and hence resorted to pay the instalments in
dues. Hence the action of the AEE is as per procedure laid down in under
Regulation 29.03 of Conditions of Supply which is fully complied with. In
addition to the above, he has pleaded that the action taken by the AEE is in
conformity with the Judgement of the Hon’ble High Court of Karnataka in
8. It is seen that the AEE has raised the bill immediately on receipt of the
report of the vigilance squad and no delay is made. The technical flaw
erupted in reading of the meter had not come to notice of the AEE till 2015.
9. Immediately on receipt of the report from vigilance the AEE has issued
notice and acted as per procedure laid down under Regulation 29.03. After
negotiation the appellants have paid the dues in instalments. The consumer
has not disputed regarding the consumption of power during the period in
question. Thus, the action of the AEE in raising the bill appears to be in
conformity with the observations made and orders passed by the Hon’ble High
Court of Karnataka in W.P.17225/2007 pertaining to Ramanagar.
10. The relevant portion of the Judgement of the Hon’ble High Court of
Karnataka in W.P.17225/2007 in Bangalore Electricity Supply Company – vs –
Ghousia College of Engineering of Ramanagar states as follows : (para 12).
“At any time during verification of the consumer’s account, if any short
claims caused by erroneous billing are noticed, the Consumer is liable
to pay the difference. The Licensee shall follow the procedure laid
This order of the Hon’ble High Court was challenged by Ghousia College of
Engineering before the Division Bench of the Karnataka High Court in W.A. 5
of 2009 (GM-KEB) and the Division Bench by its order dated 09.09.2015 has
dismissed the appeal.
11. Further, the text of the Judgement of the Hon’ble High Court of
Jharkhand cited by the learned Advocate comes to the aid of the action of
the AEE in the instant case. The Judgement was reported in AIR 2016
12. In the light of the above decisions of the Hon’ble High Courts and after
considering both oral and written submissions made by both the parties it is
seen that there are no vital and proper reasons to interfere with the order of
the CGRF and the proceedings of the AEE. The proceedings of the AEE is in
order. Therefore the appeals are dismissed.
13. However, the personnel connected with inspection and audit of the
meter have failed to discharge their part of work as required under Regulation
9. PS to Secretary, KERC
*****
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/H/G-277/2017
Dated : 15.09.2017
Mallikarjuna Trust,
R.S.No.106/B, Plot Nos.11 & 13,
Vidyagiri, Bagalkot … Appellant
V/S
2. The Chairperson
CGRF & Superintending Engineer,
O & M Circle, HESCOM,
Vidyagiri,
Bagalkot – 587 102 … Respondents
*****
(i) On perusal of para No.2 of the order dated 20.1.2017 of the CGRF
reveal that, earlier the Superintending Engineer, Bagalkote, vide
order dated 21.05.2011, ordered for supply under Clause 3.2.3 of
KERC (Regulations) to the applicants who are all similarly situated
as that of the appellant. Further, the AEE has also stated before
the CGRF that though the earlier Section Officer has provided
electrify supply to the applicants similarly situated as that of the
appellant under Regulation 3.2.3 of KERC (Recovery of Expenditure
Regulations), he would not provide electricity supply to the
appellant. The Superintending Engineer in his order dated
21.05.2011 has indicated some of the sites, the said order is
applicable to the remaining plots (such other layouts). The AEE
has given power supply under Regulation 3.2.3 of KERC (Recovery
of Expenditure) Regulations to persons of his choice, but has
instructed the appellant to obtain power supply under Regulation
3.2.1.
(iv) Even in Veerapura village including the owner of the land the
Licensee Authorities have given power under Clause 3.2.3 of KERC
(Recovery of Expenditure for Supply of Electricity) Regulations,
2004.
3. The learned Advocate for the respondent has filed the written
submissions which is as follows:
(i) The appellant is the owner of site Nos.11 and 13, Veerapura
village in R.S.106/B, which comes within the jurisdiction of
Bagalkot City Municipality. The appellant obtained temporary
electricity connection before putting up construction, and after
completion of construction applied for permanent electricity
connection with relevant documents. The application was
rejected by the AEE on the ground that electricity connection has
to be obtained under KERC (Recovery of Expenditure) Regulations.
(v) The AEE after providing ample opportunity to the appellant Trust
and Jagadish Shivanagowda Goudar has passed detailed order
after consdiering all the objections, intimated to the appellant
Trust and Jagadish Shivanagowda Goudar, who is also a Trustee of
the Appellant Trust and also the Developer of the layout in survey
number 106/B. Thus the Developer is much available to develop
the infrastructure of the Layout and therefore, the Layout in
survey number 106/B does not fall under the abandoned Layout
and therefore, the Appellant herein and the aforesaid Jagadish
Shivanagowda Goudar, who is the Trustee of the Appellant herein
have to avail power supply under Self execution Scheme as
provided under Regulation 3.2.1 of KERC (Recovery of Expenditure
for Supply of electricity) Regulations, 2004;
(vii) The Appellant Trust has filed the above appeal contending that
averment of the appellant that there is availment of power to
various persons in survey number 102/1 of Veerapura village will
not come to the rescue of the appellant, since the land in survey
number 102/1 of Veerapura village, the layout was formed and
wherein the various persons who had purchased sites and in the
first instance, the purchaser approached seeking power supply and
(viii) The list of installations serviced to the various persons and the
Layout Plan, clearly demonstrate that the power supply is given in
the names of purchasers of the sites in question. After providing
power supply to the site owners, the land owner has also availed
power supply and by that time the Layout was treated as
abandoned layout and therefore, the same benefit cannot be
made applicable to the case of the appellant herein, since the
appellant is a Trust and the aforesaid Jagadish Shivanagowda
Goudar is one of the Trustee of the appellant Trust and the
Appellant Trust is not claiming the ownership of the property, and
admittedly the Trust is a tenant under the aforesaid Jagadish
Shivanagowda Goudar. Sri Jagadish Shivanagowda Goudar being
the Developer of the Layout in survey number 106/B, has created
the appellant Trust and therefore, the Developer is much available
to develop the infrastructure. Hence the appellant has to avail
power supply under Self Execution Scheme as provided under
Regulation 3.2.1 of KERC (Recovery of Expenditure for Supply of
Electricity) Regulations, 2004. The appellant is not entitled any of
the prayer in the appeal and the appeal is liable to be dismissed.
4 This Authority vide its order dated 21.03.2016 has allowed the appeal
and remanded the matter to the AEE for fresh consideration. Thereafter,
the AEE has conducted the proceedings 26.07.2016 and has held that the
applicant Jagadisha Shivanagowda Goudar is much available. Hence, the
Applicants (Jagadish Shivanagowda Goudar and Mallikarjuna Trust) have to
5. The case was remanded for a fresh consideration. The AEE has heard
the matter and has ordered that the appellant should get the power
connection as prescribed under Clause 3.2.1. In case of Veerapura Layout
wherein the individual site owners were given power connection as
prescribed under Clause 3.2.3 since it was declared as abandoned layout. In
the instant case, on perusal of records and submissions made it is seen that,
the developer Sri Jagadish Shivanagowdar Goudar is a Trustee of the
Appellant Trust. Thus he is very much available. It all shows that he has not
abandoned the layout. The contention of the appellant that there is
availment of power by the purchasers in survey number 102/1 of Veerapura
village is also examined. It is seen from the records that the site purchasers
have approached the Licensee for power supply separately and Licensee has
considered it as an abandoned layout.
Sd/-
(B.N.Krishnaiah)
Electricity Ombudsman
To:
8. Secretary, KERC
****
D-929
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/M/G-271/2016
Dated : 21.08.2017
Harikrishna Rao,
Partner,
M/s.Radha Electrical Industries,
3/87-2, Main Road, Kulai,
Mangalore – 575 019 … Appellant
(Party in person)
V/S
(AEE in person)
2. The Chairperson,
C.G.R.F.
MESCOM
Office of the Superintending Engineer,
O & M Circle, Attavara,
Mangaluru … Respondents
*****
(i) The appellant is not eligible for refund of service line charges and,
hence, the plea for refund of service licence charges is dismissed;
(iii) The claims of the appellant for payment of compensation for delay
in refunding certain amount by the 1st respondent is hereby
dismissed as claims are not made in proper form and also on the
ground that the appellant not exhausted the legal remedies
available under the law.
4. The AEE in his letter dated 06.12.2016 has submitted a detailed report
on the action taken in pursuance of the order of Ombudsman dated
22.01.2015 and order of CGRF dated 14.07.2016 . He has reported that he
has complied with the directions of the CGRF for payment of interest at 1%
on the additional security deposit for the period from 01.09.2009 to
21.11.2013.
6. Again aggrieved by the order of the CGRF, the Appellant has filed this
appeal.
9. The CGRF in their order appears to have taken into consideration the
latest Regulation passed in the year 2007. With this CGRF has allowed the
appeal and ordered for payment of interest on delayed payment which
appears to be in order. There are no vital and substantial reasons to
interfere with the order of the CGRF. Hence the appeal is dismissed.
Sd/-
(B.N. Krishnaiah)
Electricity Ombudsman
To :
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UÉ:
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/M/G-283/2017
Dated 22.09.2017
Between :
****
1. The above said appeal is filed under clause 21.02 of KERC (CGRF &
Ombudsman) Regulations, 2004 against the orders dated 05.04.2107 passed
by CGRF, Shivamogga.
(iii) The appellant availed power connection from the respondent AEE
to its mobile tower bearing number S-5667 situated in Sorab Taluk,
Shimoga District and the respondent AEE sanctioned power of 8
KW capacity vide letter dated 26.07.2004;
(viii) As per the Indian Electricity Act, 2003 and the regulations of the
Electricity Code, 2004, the respondent cannot demand payment of
any amounts if the same is not claimed and is due beyond two
years;
(ix) As per Section 56(2) of the Electricity Act, the respondent cannot
demand payment of the amount if the same is not claimed within
two years from the date it falls due;
6) F PÀbÉÃj ¥ÀvÀæ ¢£ÁAPÀ 01.12.2016 gÀ°è UÁæºÀPÀjUÉ ¸ÁܪÀgÀ ¸ÀASÉå J¸ï-5667 PÉÌ
UÀqÀĪÀÅ ªÀÄÄVzÀ PÁgÀt ¢£ÁAPÀ 19.01.2017 gÀ°è ¸ÀªÀÄAiÀÄ 11.30 ¨É¼ÀUÉÎ ¸ÀzÀj
¸ÁܪÀgÀzÀ «zÀÄåvï C£ÀÄß ¤®ÄUÀqÉUÉƽ¸À¯ÁVgÀÄvÀÛzÉ. CzÉà ¢£À UÁæºÀPÀgÀÄ zÀÆgÀªÁtÂ
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PÀA¥À¤AiÀÄ ¤AiÀĪÀiÁ£ÀĸÁgÀ “PÀArµÀ£ïì D¥sï ¸À¥ÉèöÊ J¯ÉQÖç¹n D¥sï r¹Öç§ÄµÀ£ï
µÀgÀvÀÄÛ 27.03 gÀ°è ¨ÁgÀzÉà µÀgÀvÀÄÛ 29.03 gÀ°è §gÀĪÀÅzÀjAzÀ ªÀiÁ£Àå Electricity
E£ï ¢ ¸ÉÖÃÃmï D¥ï PÀ£ÁðlPÀzÀ µÀgÀvÀÄÛ 29.03gÀ°è §gÀÄvÀÛzÉ. ¸ÀzÀj µÀgÀwÛ£À C£ÀéAiÀÄ
(v) CESC Ltd., - vs – Shiva Glass Co., Ltd (2011 SCC Online Cal 3860);
“This Section starts with a non-obstantate clause and the use of
the word ‘shall’ in relation to disconnection of electricity is a
6. The Advocate for the respondent has relied upon the Judgements of
the Hon’ble High Court in W.P.17225/2007 dated 05.11.2008 and also on the
Judgement of the Hon’ble Jharkhand High Court reported in AIR 2016
Jharkhand 2q016 and also the Judgement of the Ombudsman in OMB/H/G-
265/2006 and OMB/H/G-266/2016.
a). It is seen that the AEE has raised the bill immediately on receipt of
the report dated 24.11.2016 submitted by the AEE, LT rating division
notifying the Respondent, the bills were raised to the installation bearing RR
No.S 5567 for the month of November 2010 to October 2016 by taking the
constant as only K-01 instead of K-10. The technical flaw erupted in
reading of the meter had not come to notice of the AEE till 24.11.2016.
b). Immediately on receipt of the report from vigilance the AEE has
issued notice and acted as per procedure laid down under Regulation 29.03.
The consumer has not disputed regarding the consumption of power during
the period in question. Thus, the action of the AEE in raising the bill appears
to be in conformity with the observations made and orders passed by the
Hon’ble High Court of Karnataka in W.P.17225/2007 pertaining to
Ramanagar.
c). The relevant portion of the Judgement of the Hon’ble High Court of
Karnataka in W.P.17225/2007 in Bangalore Electricity Supply Company – vs –
Ghousia College of Engineering of Ramanagar states as follows : (para 12).
This order of the Hon’ble High Court was challenged by Ghousia College of
Engineering before the Division Bench of the Karnataka High Court in W.A. 5
of 2009 (GM-KEB) and the Division Bench by its order dated 09.09.2015 has
dismissed the appeal.
d). Further, the text of the Judgement of the Hon’ble High Court of
Jharkhand cited by the learned Advocate comes to the aid of the action of
the AEE in the instant case. The Judgement was reported in AIR 2016
Jharkhand in Sheo Shakti Cement Industries – vs – Jharkhand Urja Vikas
Nigam Limited. The Judgement reads as follows :
9. In the light of the above decisions of the Hon’ble High Courts and
after considering both oral and written submissions made by both the
parties it is seen that there are no vital and proper reasons to interfere with
the order of the CGRF and the proceedings of the AEE. Therefore the appeal
is dismissed.
Sd/-
(B.N.Krishnaiah)
Electricity Ombudsman
To
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/M/G-284/2017
Dated :18.08.2017
Nanjappa Trust,
No.660, Kuvempu Road,
Shimoga
(RR No.HT-68) … Appellant
V/S
(AEE in person)
2. The Chairperson,
C.G.R.F. MESCOM
Office of the Superintending Engineer,
O & M Circle,
Shivamogga … Respondents
*****
2. The appellant has filed the appeal for a direction to the respondent to
(i) set aside the order passed by the CGRF, MESCOM, Shivamogga dated
4.4.2017; (2) direct to treat the installation HT-68 as falling under the Tariff
Schedule HT-2c(i); (iii) to bill the consumption of the Nursing College on pro-
rata basis and bill the resultant consumption under appropriate tariff; (d) to
refund the excess amount with interest as per S and D code 29.08(a).
complaint for reason that the power supply at the first instance
was availed towards Nanjappa Institute of Nursing Sciences. The
complainant’s claim for applying the appropriate tariff as HT-2C(i)
for hospital and hostel was rejected only on the ground that a
Nursing Institute is being run in the premises. Thus the order
suffers with incorrect appreciation of the tariff order, with legal
infirmities;
applied the tariff schedule HT-2C(1) to the Hospital and the Hostel,
since the power used by the Nursing Institute being negligible;
(xiv) The CGRF failed to appreciate that Nursing Institute was an
integral part of the hospital and as such it should be classified
under HT-2(C(i) as per the tariff order;
(xv) The CGRF has failed to consider the arguments putforth, and has
not applied its mind to the issue as the same was not properly
constituted. There was an inherent legal infirmity, there being no
provision to nominate an Executive Engineer (Elecl) as a member
instead of a Deputy Controller of Accounts. Hence the order
suffers with legal infirmities;
4. The AEE has submitted the parawise remarks and has contended as
follows :
(i) The averment that M/s. Nanjappa Trust produced copy of the
Certificate issued by the Income Tax Department is not true. The
Certificate at Annexure A is not valid certificate registered under
12(A) of Income Tax Act. The tariff rates are governed and
envisaged by the Government from time to time. Initially, under
the name of Amruth College of Nursing Sciences the appellant
took electricity of 25 KVA on17.04.2009 and this was under HT-
2(B). Further, the appellant taken 275 KVA additional load in the
name of Nanjappa Trust, Amruth Nursing College on 03.03.2011.
The RR number of the installation, stands as it was, and the same
was continued. The installation so continued in HT-2(B) category
is as per rules and regulations. The appellant’s contention that the
(v) The ground of appeal in para No.5 and 6 that, the respondent
acceding to the request for reclassification, brought the
installation under the tariff schedule HT-2 (C)(i) and started billing
under HT-2(C)(i) from May 2015. It is a fact that reclassification
was communicated through a letter dated 07.04.2015. But, it is
also quite true and apt that by a letter dated 25.08.2015, the
Executive Engineer, MESCOM, informed saying that,the tariff
applied to the institution under HT-2(C)(i) is being withdrawn for
the reasons that a part of the load is used for education activity
and hence the billing of the installation under HT-2(C)(i) was
discontinued;
(ix) At the first instance the power to an extent of 25 KVA was availed
in the name of Nanjappa Trust for the purpose of Amruth Nursing
College. But appellant’s contention that installation as for
whether it is charitable institution or not rests with the production
of the certificate under Section 12(A) which entitles the appellant’s
institution for the tariff benefit accruing by virtue of the grant of
certificate is not correct. It is submitted that the tariff rates
5. The learned Advocate for the appellant reiterated the facts and
grounds stated in the appeal memo. He further argued that service was
taken under Nanjappa Trust. The Income Tax authorities have given the
Certificate u/s 12-A of the Income Tax Act with effect from 16.01.1984. He
further argued that the Trust approached the Hon’ble High Court in the year
1993 but the Hon’ble High Court did not allow the claim. The appellant was
not aware of the concession given by the KERC in the year 1998. Further, he
argued that the Licensee should have given the benefit, since the Trust Deed
and other related documents were submitted to the AEE. The Licnesee
should have given the benefit under Regulation 3.04 of Conditions of Supply.
The Trust has filed IT returns every year to the Income Tax Department.
They extend the benefit to the deserving persons. He further argued that
eversince that the College run by the Trust is an integral part of the Hospital,
and major portion is utilised for the Hospital (25 KVA for College, 275 KVA for
Hospital).(HT-68).
6. The AEE reiterated the averments made in written memo and prayed
to dismiss the appeal.
7. The oral and written submissions made by both the parties and the
order of the CGRF is perused and considered.
10. No vital issues are forthcoming to interfere with the order of the
CGRF. Hence, the appeal is dismissed.
Sd/-
(B.N. Krishnaiah)
Electricity Ombudsman
To :
D-924
Present: B.N.Krishnaiah
Electricity Ombudsman
Case No.OMB/M/G-285/2017
Dated : 18.08.2017
Nanjappa Trust,
No.660, Kuvempu Road,
Shimoga
(RR No.HT-19) … Appellant
V/S
(AEE in person)
2. The Chairperson,
C.G.R.F.
MESCOM
Office of the Superintending Engineer,
O & M Circle,
Shivamogga … Respondents
*****
2. The appellant has filed this appeal for a direction to the respondent to
apply appropriate tariff to the installation HT-19 as applicable to the
Hospitals run by a Charitable Institute and refund the amount with interest
as per S & D Code 29.08 (a). The appellant has contended as follows :
(i) The appellant availed power supply to an extent of 100 KVA under
the name of the Trust to put a Hospital and the same was serviced
during the year 1987. An additional load of 50 KVA was
subsequently availed and serviced on 06.09.2009. The Trust is
recognised as a charitable trust under Section 12-A of Income Tax
Act and has been granted exemption under Income Tax Act;
(ii) On several occasions in the past, the Trust had approached the
respondent No.1 and others to fix appropriate Tarff as applicable
to a charitable institute but the authorities failed to comply with
the request;
(vi) The KERC created a new tariff HT-2(C)(1) by its order dated
15.07.1998 in respect of Hospitals run by a Charitable Trust. The
Tariff Schedule HT-2(C)(1) was made applicable among hospitals
run by charitable institutions also. The subject installation
provided to hospital automatically attracts the said tariff schedule.
But the respondent again made the appellant to run from pillar to
post and started to evade application of tariff under one pretext or
the other. The respondent after classifying the subject installation
HT-19 under HT-2(C)(1) with effect from 01.04.2015, reverted to
HT-2(C) (ii) with effect from January 2017 for no reason and
without following the procedure provided under Regulation 3.04
of the Conditions of Supply;
(vii) The service for installation HT-19 was availed during the year 1989
towards Hospital run by a Charitable Institute. At the time of
service there was no separate tariff category for hospitals. The
installation was billed under HT-2(b) at that time;
(viii) With KERC coming to effect from July 1998, it categorized the
hospitals under HT-2(a) tariff which was lesser than HT-2(b) tariff.
The installation attracts this tariff automatically. The respondents
are duty bound to classify the installation and apply the tariff
applicable to the category.
3 The AEE has furnished the reply on 31.05.2017 and has contended as
follows:
(i) Nanjappa Trust applied for 100 KVA power supply for Hospital
purpose and same was serviced in HT-1(b)2 tariff on 28.05.1987
RR No.HT-19 and subsequently additional 50 KVA was sanctioned
and serviced on 06.09.2009 as per the norms. The appellant Trust
has not requested for exemption by submitting any supporting
documents i.e. trust deed certification, etc, issued by the
Commissioner of Income Tax at the time of service of installation;
(ii) The appellant consumer has not approached the Department to fix
appropriate tariff till 2014. He requested to fix appropriate tariff
applicable to be charitable Institute only with effect from
14.04.2014;
(iii) The Government in their tariff order during 1998 included Hospital
run by charitable institutions under tariff schedule HT-2(a). The
Hon’ble High Court of Karnataka has not given any direction to
extend the benefit under HT-2(a) on the W.P.36726 in 1993 filed
by the appellant. The consumer has not brought to the notice of
the department to implement tariff under HT-2(a) by submitting
appropriate documents and hence benefit is not extended;
(iv) The consumer has not approached the Licensee for apply of
appropriate tariff to the subject installation;
(v) Since the Licensee did not have any relevant document (like 12-A
Certificate of Income Tax ) to bill such installation under HT-2(a) .
Hence, it is not possible to change the tariff automatically;
(vi) The tariff order 2014 created a new category HT-2 c(i) in respect of
the Hospital run by charitable trust. But the Licensee did not know
that the appellant Institution runs a charitable hospital. They
approached the department only on 14.04.2014 requesting to fix
the tariff applicable to a charitable Trust;
(vii) Since the appellant did not submit the relevant document to
Licensee reversal of tariff was not done;
(viii) The Clause 29.08 of S & D Code says that the amount can be
refunded to consumer only in case of erroneous billing;
by the KERC in the year 1998. Further, he also argued that the Licensee
should have given the benefit under Regulation 3.04 of Conditions of Supply.
The Trust has filed IT returns every year to the Income Tax Department.
They extend the benefit to the deserving persons.
5. The AEE reiterated the averments made in his reply and prayed to
dismiss the appeal. The Licensee insisted for 12-A Certificate from the
appellant but they submitted 12-AA Certificate in 2014. The Licensee was
not aware that the appellant was a charitable Trust before that. Tariff
benefit can be extended only on production of 12-A Certificate and not 12-
AA Certificate.
6. The oral and written submissions made by both the parties are
perused and considered. Accordingly, the issue which arises for
consideration is “whether proceedings of CGRF are in order and in
conformity with the prevalent norms”.
9. Considering all this, the CGRF have ordered to change the tariff
category from HT-2C(2) to HT-2(C)(1) with effect from 22.08.2014 and also
have directed to pay back the excess amount collected in respect of the said
period (barring the period from April 2015 to February 2017).
(B.N. Krishnaiah)
Electricity Ombudsman
To :