| The appellant, the General Manager of M/s Parayil Exports is a HT consumer with H Code LCN6/5168 under Electrical Section, Barananganam. The appellant obtained electricity originally under LT IV industrial tariff with consumer N.1850. But later in 2007, the appellant was reclassified under LT VII A category pursuant to Tariff Order 2007. Against this the appellant approached the CGRF, Ernakulam by filing complaint No. 78/2008-09 and the CGRF allowed the petition by holding that the appellant is entitled to be classified under LT IV industrial category. Later the appellant’s LT connection was converted into HT connection by enhancing the connected and an agreement in this regard was executed with the respondent on 25-08-2009. The tariff assigned to this HT connection was HT IV commercial. It is alleged that the appellant had submitted vide letter dated 3/2/2017 before the Deputy Chief Engineer requesting to change the tariff wrongly assigned to him. But the officers of the respondent have not taken any action on this request and hence the appellant filed a petition before the CGRF, (southern Region), Kottarakkara on 19/05/2018, which was disposed directing the respondent to change the tariff to HT 1 industrial with effect from date of inspection of the respondent. Aggrieved by the Order No. 73/2018 dated 07/08/2018 of CGRF, the appellant has submitted this appeal before this Authority, requesting to revise all the bills issued to the appellant under HT1 industrial category from the date of giving connection under HT i.e. from 25-08-2009 and to refund the excess amount collected along with interest at bank rate.
From the analysis done, the findings and conclusions arrived at which is detailed above, this Authority takes the following decision.
The activity or the purpose for which the electrical energy is being used by the appellant has been found as industrial type. Hence the decision of the CGRF to assign HT I A industrial tariff category is found justifiable and is upheld. But the appellant had executed an agreement with the Licensee on 25-08-2009 for getting the supply under commercial category and not raised any objection till he submitted an application dated 3-2-2017 for reassigning the tariff category. Though the appellant claimed that on several occasions the appellant approached respondent with the request of tariff change, he had not produced any supporting evidence to establish this. Considering the above facts, it is decided that the change of tariff of the appellant from HT IV commercial to HT I A industrial shall be given from 3/2/2017 i.e. from the date of application submitted by the appellant. The respondent is directed to adjust the excess charges based on the actual amount remitted and the account of the consumer shall be adjusted within one month of this order with details of calculation for his information.
The order of CGRF, Kottarakkara vide order no. 73/2018 dated 07-08-2018 is modified to this extent. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed. No order on costs. |
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P/077/2018 Sri. Roy George, Kottayam 