| The appellant Shri.P.N. Krishnadas is the owner of the 3 Star Hotel named M/s. Hillside Nature Resort situated at Kariyakulangara, Mukkam, Kozhikode. The appellant is an HT Commercial Consumer under the tariff IV B with consumer number LCN-24/6055 and the connection was effected on 24/03/2012. The consumer in Kerala is bound to pay the Electricity Duty @10% of the total energy. As per the Government Order dtd 11/07/1986 the tourism also have been treated as an industry and all classified Hotels are included in this category. Then Government Order dated 31/08/2010 states that the electricity duty payable by the High tension industrial consumer is 10 paise/unit instead of 10% of the energy changes. There was a dispute between the Licensee and the Hotels about the charging of their Electricity Duty. Accordingly the Association of Approved and Classified Hotels of Kerala approached the Hon'ble High Court of Kerala. Hon'ble Court had issued an interim order dated 13/10/2010 stating that the petitioner shall be permitted to remit the electricity bill with electricity duty @10 paise per unit for energy consumed. The liability of the petitioner to pay at the rate of 10% of energy charges will be decided in the writ petition. The Licensee was not extending the benefit of this order to the appellant stating that this Hotel commenced only after this Court Order.
The Licensee has issued an arrear cum disconnection notice dated 18/11/2023 for the short payment of Rs.48,065/- for a period from 06/06/2022 to 06/11/2023. As per the Licensee, the total duty arrear amount works out is Rs.7,82,263/-. The appellant filed the petition to the Hon'ble High Court of Kerala seeking the direction not to demand the disputed arrears in electricity duty till the final disposal of the WP(C) 30977/2010. Then the Court issued a direction stating that the appellant is relegated to alternate remedy available which is approaching CGRF. Then the petition was filed the petition to CGRF and CGRF issued order on 20/03/2024. Aggrieved by the decision of CGRF, the appellant filed the appeal petition to this Authority. |
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2024-12-04 06:42:39 |
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P/058/2024, Shri.P.N.Krishnadas 