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P/162/2015 Sri Haneefa, Pathanamthitta
The appellant, Sri Haneefa, is a consumer with consumer No. 12243 under Electrical Section, Vaipur, and is running a vehicle service station. The service connection was effected on 12-04-2011 under LT IV A tariff. The Regional Audit office, Pathanamthitta during their audit conducted at Electrical Section, Vaipur in October 2013, had noticed that the connection given to the appellant’s service station was classified under LT IV A tariff instead of LT VII A tariff. As per the above audit report, the respondent changed the tariff of the appellant and a short assessment bill was issued to him, directing to remit an amount of Rs. 39,107.00 being the difference in the tariff (industrial and commercial) from 12-04-2011 onwards. The appellant filed objections against the bill before the various authorities in the Board. As the reply was not satisfactory the appellant approached the Hon’ble High Court with WP (C) 1889/14 which was disposed with a direction to the Executive Engineer, Electrical Division, Thiruvalla to consider the request of appellant and pass appropriate orders. The Executive Engineer conducted a hearing on 19-12-2014 as per the direction of Hon’ble High Court and disposed the petition without allowing any relief. Hence the appellant lodged complaint before the CGRF, Kottarakkara, on 05-02-2015. The CGRF, after hearing the case dismissed the petition on the ground that the petition had already been decided and disposed by the Hon’ble High Court in WP (C) 1889/2014 vide judgment dated 20-01-2014, directed the Executive Engineer, Electrical Division, Thiruvalla for taking decision. The Executive Engineer disposed the petition by confirming the bill already issued by the respondent. So the appellant approached CGRF against the decision of Executive Engineer in OP No. 1426/2015 which was disposed with a direction to revise the impugned bill for 24 months, vide order dated 13-7-2015. Still not satisfied with the decision of CGRF, the appellant has filed the Appeal petition before this Authority on 05-10-2015. Since the CGRF has already decided the case in favour of the appellant, this Authority finds no scope for further intervention in the matter. Hence it is decided to quash the short assessment bill issued for Rs. 39,107.00. The respondent is directed to revise the bill limiting the period as 24 months and the revised assessment shall be served within a period of 30 days from the date of receipt of this order. Appeal is hereby dismissed. CGRF order in OP No. 1426/2015 dated 13-07-2015 is hereby confirmed. No order as to costs.

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Created 2016-02-18 00:00:00

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