| The appellant is a consumer under Electrical Section, Karukutty bearing consumer number 1155816012314 under LT VI D tariff with a connected load of28.35 KW. The Anti Power Theft Squad, Vazhathoppu had conducted an inspection in the premises of the appellant on 21-2-2019 and detected that the tariff assigned to the consumer is wrong since this premises is functioning as old age home after accepting charges from inmates. The tariff assigned for this consumer was LT VI D, which is the tariff assigned for old age homes run by charitable institutions or social organizations or non-governmental organizations where no charges are levied for the boarding and lodging of inmates as per tariff order published in Extra Ordinary Gazette No.782dated 21-4-2017. The tariff LT VI D was effected on 8.8.2017 by the respondent based on the certificate of recognition from Orphanage Control Board and 12 A (a)registration for Income tax exemption.
Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 2,55,945/- was served on 21-02-2019 towards the undercharged amount due to wrong fixation of tariff for the period 9/17 to 21/2/19. Aggrieved against this, the appellant approached with a petition before CGRF (Central), Ernakulam, which was disposed of by the Forum vide order in OP No. 127/2018-19 dated 12-07-2019 by dismissing the petition and allowed installment facility without surcharge to remit the bill amount. Against the above order, the appellant has filed this appeal petition before this Authority with a request to quash the short assessment bill.
Considering the above facts and legal provisions pertaining to the issue, the assessment bill under LT VIIA category to the appellant for Rs.2,55,945/- is quashed. Old age homes which charged the inmates for boarding and lodging was not categorized prior to 8-7-2019 in the tariff order issued. The respondent shall take with matter for fixing appropriate tariff for the period in question i.e. 9/17 to 7/7/2019 and issue additional bill, if any, required. So, the appeal petition stands allowed as it is found having merits.
The order of CGRF in No. 127/2018-19 dated 12-07-2019 is set aside. No order as to costs. |
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P/065/2019 Sr. - Roji CSN,, Thrissur 