| The appellant represents M/s Indus Towers Ltd., a company providing passive infra structure service to telecommunication providers. The consumer number of the above service connection is 7669 and is under the jurisdiction of Electrical Section, Mulamkunnathukavu. At the time of availing service connection by the Cellular Mobile Towers who failed to produce required clearances, was given temporarily under LT III tariff. Challenging the applicability of LT III tariff, most of the Cellular Mobile Tower operators filed Writ Petitions before the Hon’ble High Court. In the meantime, the Hon’ble Kerala State Electricity Regulatory Commission in an order dated 07-01-2010 in TP No. 67/2009 has decided the tariff applicable to Cellular Mobile Towers shall be under LT VII A, even if the connections to the premises were effected on temporary basis due to lack of required clearances. The licensee implemented the orders of Commission and directed to revise the bills issued to Cellular Towers under LT III tariff to LT VII A tariff with effect from 07-01-2010. But the Hon’ble High Court of Kerala in W.P. (C) No. 34101/2010, directed KSEB Limited to make revision of tariff to the Mobile Towers with effect from 24-10-2002 onwards.
The appellant was given a short assessment bill amounting to Rs. 7,35,706.00 dated 08-01-2010 towards the difference in LT III and LT VII A tariff for the period from 06/2005 to 7/2009. Against the short assessment bill the appellant approached the Honourable High Court of Kerala and filed a Writ Petition No. 5229 of 2010. The Honourable High Court of Kerala vide its Judgment dated 20-05-2015 directed the appellant to submit detailed objection to the invoices impugned and such objection if filed within one month shall be dealt within 2 months thereafter. Accordingly the Assistant Engineer revised the short assessment bill to Rs. 2,25,668.00 by applying LT III Tariff up to 01-12-2007. Aggrieved by order of the Assistant Engineer the appellant had filed a petition before the Honourable CGRF, Central Region, Ernakulam which was dismissed stating that, since the case is considered by the Honourable High Court, the Forum has no jurisdiction over the issue. Aggrieved against this decision, the appellant has submitted this appeal petition before this Authority.
In view of the above findings, the respondent is hereby directed to fix the tariff of the appellant under LT VII A with effect from 24-10-2002 onwards or the actual date on which the service connection effected to the appellant after 24-10-2002 as ordered by the Board dated 28-04-14 and 16-04-2016 and as per the common award passed by the Lok Adalath. Having concluded and decided as above, it is ordered accordingly. The appeal petition No. P/059/2016, filed by the appellant is disposed of as above. The order of CGRF-CR/Comp/30/2016-17/232 dated 17-08-2016 is set aside. No order as to costs. |
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P/059/2016 Sri. Arun R Chandran, Ernakulam 