| Appellant is running a paying guest home with consumer No.370 under Electrical Section, Kottayam East, under LT VI B tariff with a registered load of 1000 watts. The premises of the appellant was inspected by the Assistant Engineer of the concerned section on 29-12-2008 and found that a ladies hostel was functioning there in the name and style “Garden City“ and also found that the appellant was unauthorisedly using 3786 watts. Accordingly, a penal bill amounting to Rs. 29,434.00 was issued under LT VI B tariff which was remitted by the appellant. The subsequent bills are to be issued at penal rate till the regularisation of UAL. But, no penalisation was continued in the bimonthly bills from 12/2008 to 03/2010. During 5/2010, the mistake was noticed and a short assessment bill for Rs. 51,000.00 was issued for the above period and that amount was also remitted. It is alleged that the actual tariff applicable to ladies hostel is LT VII A but the bills were issued under LT VI B tariff. The appellant has neither regularised the additional load nor produced any certificate from concerned authorities to avail of concessional tariff of LT VI B.
On 09-09-2013, the premises of the appellant was again inspected by APTS and detected misuse of tariff and a connected load of 3365 watts against the sanctioned load of 1000 watts. Accordingly, penal bill for Rs. 26,848/- was issued towards the tariff misuse under Section 126 of the Electricity Act. Later the amount was revised due to arithmetical error and the revised bill was issued for Rs. 65,523.00. Again calculation error was found and final amount for Rs. 64,163.00 was issued to the appellant. A complaint was filed before CGRF which was dismissed for want of jurisdiction. Aggrieved against the order of CGRF an appeal petition No. P/029/2014 was filed before this Authority. Accordingly this Authority in its order dated 31-10-2014 set aside the order of CGRF and the penal bill for Rs. 64,163.00 was quashed. Also directed the appellant to fix the tariff after conducting proper inspection and ascertaining the activities carried out in the premises.
The respondent conducted an inspection in the premises of appellant on 27-11-2014 and issued proceedings dated 15-12-2014 directing the appellant to remit Rs. 64,163.00 towards the short collection. It is alleged that the respondent did not comply the above order of Ombudsman, but upheld the short assessment bill with arbitrary assumptions and issued further bills under LT VII A tariff. Against this the appellant again approached CGRF (South), Kottarakkara to direct the respondent to comply the order of Ombudsman. But the Forum dismissed the petition due to lack of jurisdiction. Not satisfied with the above order, the appellant again approached this Authority with this petition. The impugned bill issued for Rs. 64,163.00 is hereby quashed and set aside. Respondent is directed to revise the tariff under LT VII A with effect from 09-09-2013. Excess amount remitted shall be adjusted or refunded. CGRF order in OP No.1392/2015 dated 27-05-2015 is set aside. Appeal is hereby allowed as indicated above. |
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2015-10-19 00:00:00 |
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P/128/2015 - Smt. Naisy. S., Kottayam 