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P/009/2017 The Administrator Ursala Hospital, Ambalappuzha
The service connection with consumer No. 867 is effected in favour of M/s. Ursala Hospital under Electrical Section Ambalappuzha under LT VI A tariff. The connected load of the premises is 70000 Watts. The Anti Power Theft Squad (APTS) Wing of KSEB Ltd conducted an inspection in the appellant’s premises on 25-05-2016 and detected that the tariff assigned to the appellant was LT VI A tariff instead of LT VI F. The appellant had been enjoying the concessional tariff, which is eligible only to those consumers having registration under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, the donation to which are exempted from income tax. Since the appellant was billed under LT VI A tariff, a short assessment bill dated 27-05-2016 for Rs. 1,55,139.00 was issued towards the undercharged amount due to wrong fixation of tariff. 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. 49/2016-17 dated 26-09-2016 by cancelling the short assessment bill dated 27-05-2016 for Rs. 1,55,139.00 and directed the respondent to change the tariff under LT VI F only after issuing a notice under Regulation 97 of Supply Code, 2014. Against the above order, the appellant has filed this appeal petition before this Authority with a request to retain the tariff under LT VI A till the appellant gets the certificate 80G from Income Tax Department. Considering the above facts and legal provisions pertaining to the issue this Authority is of the considered view that the appellant’s premises is not eligible for tariff under LT VI A. However, it is left open to the licensee to consider the issue afresh after observing the procedure for suo moto reclassification of consumer category as per Regulation 97 of Supply Code, 2014, to recover the undercharged amount due to wrong classification of tariff during the period in question. So, in view of the above findings, the appeal petition stands dismissed as it is found having no merits. The order of CGRF No. CGRF-CR/Comp.49/2016-17 dated 26-09-2016 is set aside. No order as to costs.

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Created 2017-04-19 00:00:00

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