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RP-002-2022-Sirajul Huda Education Committee-Order 13-04-2022
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.1,57,901/- (Energy charge Rs.49,267/- + Surcharge Rs.1,08634/-) 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. 137/2020-21 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-060/2021 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. P060/2021 filed by the appellant stands dismissed. The order dated 13-08-2021 in OP No. 137/2020-21 of CGRF, Northern Region is upheld.” Not satisfied with the order of this Authority in Appeal Petition P-060/2021 dated 30-12-2021, the review appellant filed Review Petition vide R.P/002/2022 with following contentions: The appellant wants exemption from remitting the surcharge for the period from 20-02-2020 to 22-01-2021. Moreover, a detailed calculation sheet is not received from the Electrical Section, Kuttiyadi. 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 without any surcharge or interest. The appeal petition P-060/2021 was analyzed by this Authority on the strength of the judgement of Hon’ble Supreme Court of India dated 20-07-2020 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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Created 2022-05-10 09:59:56