| The appellant is an Association of Classified Hotels and Restaurants within the state of Kerala. The KSERC had issued tariff order dated: 25-07-2012 vide OP No. 23 of 2012, whereby it had revised the retail tariff of all consumers in the State. The Association had filed Appeal No. 10 of 2013 before the Hon’ble Appellate Tribunal for Electricity challenging the tariff order dated: 25-07-2012 in the matter of fixation of tariff as regards HT IV commercial category and particularly in respect of the members of the Association aforesaid. By judgment dated: 25-10-2013 in the aforesaid appeal, the Hon’ble APTEL set aside the tariff as determined by the KSERC for HT IV commercial category and declared that they should be charged at Rs. 400.00 per kVA per month and energy charges at Rs. 5.50 per kWh for all units consumed. Further there is a direction to refund the excess charge from all consumers of HT IV commercial category in their bills from the month of November 2013 to April 2014 in equal installments. The aforesaid order was confirmed by the Hon’ble Supreme Court in Civil Appeal No. 84 of 2014 except for modifying the dates of refund.
The Cochin Port Trust, the Licensee is liable to charge the appellant at the rate fixed in OP No. 23 of 2012 in terms of the direction in paragraph 166 (b) wherein it has been ordered that the tariff approved in OP No. 23 of 2012 shall be applicable to the consumers of all other licensees in the state from 01-07-2012 till 31-03-2013 and that the existing categorization / classification of tariffs for consumers of the licensees shall be realigned accordingly. But the licensee has taken a stand that since Cochin Port Trust, the respondent is not a party to the proceedings before the APTEL, the judgment of the Appellate Tribunal is not binding on them. Against the stand so taken by the Cochin Port Trust the appellant filed a complaint before the CGRF of the Licensee. But the Forum rejected the petition as devoid of merits. Hence the appellant filed this appeal before this Authority.
CGRF order is set aside. Respondent is directed to refund the excess amount collected. |
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2015-06-12 00:00:00 |
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No. P/081/2015 - M/s Island Hotel Maharaj Ltd., W/Island 