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P/099/2019 Sri. J. Varghese Kozhikode
The appellant is a consumer of Electrical Section, Karaparamba with consumer number 1165988019626 and the service connection was effected on 25-07-2003 in the name of Sri. Jacob K.V., Managing Director, Kerala Housing Board Federation in VII A commercial tariff. The building was rented to ESI Corporation which is a central government organization. The tariff assigned to the appellant was LT VII A categorised for commercial establishments and the appellant had been remitting the current charge bills under this tariff regularly. The tariff eligible for Central Govt. offices is LT VI B. The office of the Accountant General, Kochi who audited the records of this office has observed that the KSEB has charged an excess amount of Rs.424616/- from ESI Corporation for the period from 01.04.2015 to 31.08.2018 due to wrong classification of tariffs and directed to take action to get refund of the excess amount paid/adjust in future bills. Aggrieved by this, the appellant filed a petition before the CGRF, Kozhikode in petition no. OP 76/2019-20. The CGRF disposed of the petition vide order dated 16-11-2019 that “Here, even though the purpose of consumption of energy was found bonafide one, the rules in force is not allowing any retrospective implementation. The petitioner has requested to refund the overcharged amount for the period from 04/2015 to 08/2018. Considering the facts of the case, the claim of the petitioner to get refund of excess amount paid due to the failure on the part of the petitioner i.e. ESI Corporation, a Central Government body to point out wrong fixation of tariff during past long years, seems to be inadmissible.” Against the decision of the Forum, the appellant has filed the Appeal petition before this Authority on 23-12-2019. From the analysis done above and the conclusions arrived at, this Authority takes the following decisions. Under the provisions of Regulations 97 and 134 of Kerala Electricity Supply Code, 2014, I am fully convinced that the request of the appellant is reasonable and justifiable. Hence this Authority decide that the order of the CGRF stands quashed. The excess amount collected from the appellant by way of tariff LT VII A for the period from 04/2015 onwards, shall be refunded/adjusted in future bills by adjusting the same at tariff under LT VI B. The amount of refund so calculated may also be communicated to the appellant with details. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed. The order of CGRF, Kozhikode in Petition No. OP/76/2019-20 dated 16-11-2019 is set aside. No order on costs.

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Created 2020-03-02 04:36:38

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