| M/s. Abad Fisheries (P) Ltd, Palluruthy is a consumer having consumer number 19425 in the name of Sri. Nazim Zackaria under Electrical Section, Palluruthy. This connection was effected on 21/03/2005 with a connected load of 110 KW. The appellant is conducting sea food processing unit and the connection is classified under LT IV industrial tariff by the respondent. While being so, the Hon. Kerala State Electricity Regulatory Commission (KSERC), has reclassified the tariff by its order dated 29/08/2008, that sea food processing unit shall be billed under LT IV industrial category and consumers engaged in the freezing and cold storage activity shall be billed under LT VII A commercial category.
Consequent on the inspection conducted by the section squad on 29/10/2009 in the premises of the appellant, the respondent changed the tariff to LT VII A with effect 1/12/2007, as it is found that the consumer 19425 was being used entirely for freezing and cold storage activity. Subsequently a short assessment bill dated 7/11/2009 for Rs. 11,83,784/- was issued to the consumer demanding the difference between LT IV to LT VII A tariff for the period from 12/2007 to 10/2009. The appellant challenged the above short assessment bill by filing a petition before the CGRF (Central Region) in complaint No. 129 of 2009. The CGRF dismissed the petition stating that the issue of short assessment bill by the respondent is in order. Aggrieved against the order of the CGRF, the appellant approached this Authority in appeal No. P-141 of 2010 which was also dismissed.
Aggrieved by the said orders of CGRF and Ombudsman, the appellant approached the Hon’ble High Court of Kerala in WP(C) 79/2011. The Hon’ble High Court confirmed the shifting of tariff from LT IV to LT VII A and also held that the Board could not have retrospectively levied the charge under LT VII A and the impugned short assessment bill was quashed. Aggrieved by the said judgment, the respondent filed an appeal before the Hon’ble High Court of Kerala in Writ Appeal No. 1406 of 2013. The Hon’ble Division Bench in its judgment dated 10/03/2014, directed the appellant to produce the materials available with them before the CGRF. The relevant portion of the judgment reads thus:
“Accordingly, we direct that within four weeks from today the party respondents herein will produce the materials proving that they were carrying on the processing activity in the unit in question for the period subsequent to 01/12/2007 also and that the user of energy for storage/ freezing purpose was a development which occurred only at a later point of time. Such materials shall be produced before the Consumer Grievance Redressal Forum of the KSEB, which is a party to these cases. On production of such materials and after hearing the appellants and the party respondents the Consumer Grievance Redressal Forum will assess the amount, if any, that is due from the party respondents and on that basis it will be open to the appellants to raise fresh demands on the party respondents/consumers.
The judgment of the learned Single Judge will stand modified to the above effect”.
In compliance with the judgment, the appellant has filed a petition dated 7/4/2014 before the CGRF which was disposed vide order dated 15/12/2014, as follows:
1. Consumer is liable to pay the electricity charge under LT VII A tariff from 1/12/2007 onwards.
2. The short assessment bill dated 7/11/2009 for Rs. 11,83,784/- is in order.
3. The respondents are directed to demarcate the premises immediately as per rules.
Aggrieved by the decision of the CGRF, the appellant filed this appeal petition before this Authority on 16/01/2015. Order of CGRF is affirmed and appeal is dismissed. |
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P/085/2015 - Sri Nazeem Zackaria, M/s Abad Fisheries P Ltd., Kochi 