| The appellant is a consumer with consumer No 10622 under Electrical Section, Palluruthy. The service connection was effected under industrial tariff for running ‘Muhas Ice Plant’. On 29-10-2009, the APTS inspected the premises and found that supply was being used entirely for freezing and cold storage activity. The respondent, therefore, changed the tariff of the appellant to LT VII A, (Commercial Category) with effect from 01-12-2007 and issued a short assessment bill for Rs. 10,38,321/-. From the date of inspection (29-10-2009) the appellant was being billed for commercial tariff and the same was being remitted by him without any complaint. The appellant approached the CGRF challenging the short assessment bill amounting to Rs. 10,38,321/- for the preceding period (12/07 to 09/09). The Forum dismissed the petition. Though the appellant appealed against the order before the Ombudsman, the appeal petition was dismissed by the Ombudsman. Thereafter the appellant challenged the orders of CGRF and Electricity Ombudsman by filing writ petition before the Hon’ble High Court. The Hon’ble High Court upheld the change of tariff to LT VII A and at the same time quashed the short assessment bill demanded by the respondent. Against the single bench order of the Hon’ble High Court, the Board filed writ appeal and the Division Bench, in its judgment, directed the appellant to produce materials before the CGRF for proving that sea food processing activity was being carried out for the period from 01-12-2007. Accordingly the appellant approached the CGRF once more. After examining the documents produced by the appellant, the Forum held that the appellant was liable to pay electricity charges under LT VII A from 01-12-2007 onwards and that the short assessment bill for Rs. 10,38,321/- was in order. Aggrieved against the said order, this appeal petition was filed. The respondent is directed to revise the short assessment bill for a period of 12 months. Appeal petition disposed as settled. CGRF order set aside. |
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2015-05-20 06:01:19 |
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P/057/2014 - Sri Hashmin K.A., Palluruthy 