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P/087/2019 Sr. Teris S.D . Angamaly
The appellant is a consumer under Electrical Section, Karukutty bearing consumer number 331 under LT VI G tariff with a connected load of 73 kW. The Section officials had conducted an inspection in the premises of the appellant and detected that the tariff assigned to the consumer is wrong and the tariff of the appellant reassigned to LT VI A from 01-07-2014. Again, the tariff assigned for this appellant was changed to LT VI D, which is the tariff assigned for old age homes run by charitable institutions or social organizations or non-governmental organizations as per tariff order published in Extra Ordinary Gazette No.782 dated 21-4-2017. The tariff LT VI D was effected on 01-06-2017 by the respondent based on the registration under Cultural, Scientific and Charitable Act 1955 and 12 A A registration for Income tax exemption. As per the respondent the correct tariff to be assigned to the appellant is LT VIG and accordingly the tariff was changed to VI G w.e.f. 01-3-2019. Since the appellant was wrongly classified under LT VI D tariff and billed accordingly, a short assessment bill amounting to Rs. 443706/- was served on 30-04--2019 towards the undercharged amount due to wrong fixation of tariff for the period 7/17 to 3/19. 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. 14/2019-20 dated 03-09-2019 by dismissing the petition and allowed instalment facility. Against the above order, the appellant has filed this appeal petition before this Authority with a request to quash the short assessment bill, on 18-11-2019. Considering the above facts and legal provisions pertaining to the issue, the short assessment bill for Rs. 4,43,706/- is quashed. The respondent shall revise the short assessment bill for the energy charge and limiting the fixed charge by taking 25% of the total connected load of 73 kW for the disputed period. So, the appeal petition stands allowed to this extent as it is found having merits. The order of CGRF in No. 14/2019-20 dated 03-09-2019 is set aside. No order as to costs.

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Created 2020-02-03 04:58:04

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