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P/051/2019 - Smt. Manjusha M.S., Wayanad
The consumer number 28318 of Electrical Section, Mananthavady is registered in the name of Secretary, Mananthavady Ksheerolpadaka Sahakarana Sangam, Mananthavady and was having LT V B tariff connection, given for its milk collecting and chilling unit. As per the Gazette Notification dated 28-06-2017, LT V B Agriculture tariff is applicable to facilities for processing of milk including pasteurization and its storage and packaging or for retail sale outlets, if the connected load of such facilities or sales outlets does not exceed 10% of the total connected load. Since in the present case of the appellant, the milk chilling/freezing load is more than 10%, the tariff was changed to LT VII A with effect from 01-07-2018. Subsequently, for the recovery of amount lost due to wrong tariff fixation, a short assessment bill for the period from 7/2018 to 10/2018 amounting to Rs.2,94,297/- was served on the appellant on 13-11-2018. This bill and the change of tariff are challenged by the Appellant before the CGRF, Kozhikode which are dismissed by the Forum vide OP No. 123/2018-19 dated 16-01-2019 and in Review Petition No. 3/2018-19 dated 09-05-2019 and this is the basis of this appeal petition. From the conclusions arrived at as detailed above, I decide to quash the short assessment bill for the period from 7/2018 to 10/2018 amounting to Rs.294297/- issued to the appellant. The respondent shall retain the appellant under LT V (B) tariff category. Having concluded and decided as above it is ordered accordingly. The appeal petition filed by the consumer is allowed as ordered and stands disposed of as such. The orders of CGRF, Kozhikode in OP No.123/2018-19 dated 16-01-2019 and review petition No. 3/2018-19 are set aside. No order on costs.


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Created 2019-10-03 06:09:00