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P/063/2017 Swami Chaithanya Jnana Thapaswi Thiruvananthapuram
The three phase service connection with consumer No.10623 (new consumer No. 23794) is effected in the name of Santhigiri Medical College, Palakkad under Electrical Section, Thathamangalam and the existing tariff is LT VI F. The connected load of the premises is 68000 Watts. As per the schedule of tariff and terms and conditions for retail supply by KSEB, self financing educational institutions including hostels come under LT VII A tariff with effect from 01-12-2007. Before 01-12-2007, all self financing educational institutions were billed under LT VI A tariff. The respondent had billed the appellant mistakenly under IT VI A tariff during the period from 12/2007 to 10/2008 and to recoup the difference of tariff from VI A to VII A, the appellant was issued a short assessment bill for Rs. 2,22,416/- on 22-11-2008. Against this, the appellant filed WP(C) No. 36758/2008 before the Honourable High Court of Kerala and the Hon'ble High Court as per order dated 15th December 2008 permitted him to pay the electricity charges under LT VI A tariff for a period of one month from the date of the order. On 07-08-2009, another short assessment bills for an amount of Rs. 1,09,042/- for the period from 11/2008 to 4/2009 and for an amount of Rs. 38,710/- for the period from 11/2009 to 12/2009 were issued to the appellant and the same are pending for payment. Aggrieved by this, the appellant approached with a petition before CGRF, Kozhikode. The petition was dismissed by the CGRF vide order in OP No. 112/2016-17 dated 06-05-2017. Not satisfied with the above order, the appellant has filed this appeal petition before this Authority. From the analysis done and the Findings arrived at, I take the decisions as; (1). Exactly following the decision of the Hon High Court stated above, the appellant shall pay the monthly bills under LT VII‐A tariff from the date of detection of the wrong tariff fixed to the party i.e. from the month of 11/2008 onwards and short assessment bill dated 22-11-2008 raised for Rs. 2,22,416/- for the arrears of the period prior to that month (11/2008)and the interest of Rs.4,77,930/- shall be kept pending. But the same will be subject to the result of the judgment in the batch of SLP’s pending before the Hon: Supreme Court on the issue of electricity tariff applicable to Self Financing Educational Institutions and the respondent shall act as per the verdict, on its pronouncement. (2). It is clarified that the disputed short assessment bill dated 10-08-2009 for an amount of Rs. 1,09,042/- for the period from 11/2008 to 4/2009 and for an amount of Rs. 38,710/- for the period from 11/2009 to 12/2009, issued to the appellant shall be payable by the appellant within a period of 30 days from the date of receipt of this order. (3). The order in OP No. 112/2016-17 dated 06-05-2017 of CGRF, Kozhikode stands modified to this extent. Having decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is disposed of with the said decisions taken and issued. No order on costs.

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Created 2017-09-25 00:00:00

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