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P/164/2015 Johnson C. O. Kollam
The Appellant is a consumer having consumer No. 11600 of Electrical Section, Thankassery, under LT I A domestic tariff. The registered connected load of the appellant is 10 kW. On 13-01-2014, the officials of Electrical section, Thankassery conducted a surprise inspection in the premises and detected that the appellant has been using the residential building with consumer No. 11660 as an establishment for accommodating tourists under the name "M/s Global Backwaters Resorts" with connected load of 19 kW. Hence a penal bill for an amount of Rs. 78,865.00 was issued to the consumer on 03-01-2014 under Section 126 of Electricity Act, 2003, after changing the tariff to LT VII A and later issued the final bill for Rs. 68,065.00. The appellant remitted 50% of the assessed amount and filed appeal before the Appellate Authority as per Section 127. Meanwhile, the appellant filed a petition before the CGRF vide OP No: 1527/2015 which was held that "Since the case is pending before the Appellate Authority and the Appellate Authority heard the matter but not yet released the order, the Forum does not want to interfere the case at this stage". Considering the above facts, the Forum dismissed the case. Not satisfied with the above order of the Forum, the appellant filed this appeal before this Authority. The scheme of serviced villa is different from home stay as the property owner need not have to stay in the premises. In the home stay the owner or their relatives should stay in the premises along with tourists. Since the appellant has got approval from Department of Tourism as serviced villa instead of home stay, he is not eligible for domestic tariff. The order of CGRF is upheld and appeal is disposed of accordingly. No order as to costs.

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Created 2016-02-29 00:00:00

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