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P/085/2019 Dr. Jameela C Kasaragod
The appellant is the owner and registered HT consumer of the premises with consumer No. LCN 32/6061 of Electrical Section, KSEB, Padannakkad. Even though the building was constructed for the purpose of running a hospital, the same could not be started functioning at any point of time. The premises were let out to the Central University of Kerala for functioning their educational institution. It is an educational institution under the Central Government. The university has been remitting the entire bills issued by the KSEB without any default, for the appellant. The tariff assigned to the appellant was HT II B categorised for hospital and the University had been remitting the current charge bills under this tariff regularly. This mistake has not been corrected by the KSEB, in spite of repeated requests. Aggrieved by this, the appellant filed a petition before the CGRF, Kozhikode in petition no. OP 71/2019-20. The CGRF disposed of the petition vide order dated 24-10-2019 that “the petitioners claim for arrear amount due to retrospective implementation of revised tariff is not sustainable as per existing rules. It is observed that the Central University who is said to have occupied the premises, vacated during 10/2018. At the time of applying for tariff change by the petitioner, i.e., from HT II B applicable to hospital to HT II A applicable to educational institution, the premises was not occupied by any one, so the purpose of supply could not be categorised under any of the two. Hence the decision of the licensee to continue the tariff initially assigned during the disconnected period from 11/2018 to 04/2018 is found in order.” Against the decision of the Forum, the appellant has filed the Appeal petition before this Authority on 13-11-2019. 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 hospital tariff HT II B for the period from 04/2014 to 10/2018, shall be refunded by the respondent by adjusting the same at tariff under educational purpose HT IIA. The refund shall be made within 30 days of receipt of this order with applicable interest. The amount of refund so calculated may also be communicated to the appellant with details. The appellant shall remit the fixed charge amount of Rs.98818/- within a period of 15 days of this order. Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed to this extent. The order of CGRF, Kozhikode in Petition No. OP/71/2019-20 dated 24-10-2019 is set aside. No order on costs.

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Created 2020-02-03 05:03:32

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