D.o.F:18/10/2011
D.o.O:19/3/2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.261/11
Dated this, the 19th day of March 2012
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
Ronald D Souza,S/o Late L D’Souza,
Proprietor, M/s Trinity Internet & Software, : Complainant
Bendichal Building, Bank Road,Kasba PO
Kasaragod
(Adv.A.Rajagopala,Kasaragod)
1.Asst.Engineer, Electrical Section,
KSEB,Nellikkunnu, Kasaragod.
2. The Asst. Executive Engineer, KSEB : Opposite parties
Electrical Sub Division , Kasaragod.
3. The Secretary, KSEB, Vidyuthi Bhavan,
Thiruvananthapuram.
(in person)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
Case of the complainant in brief is as follows:
Complainant is an electricity consumer with consumer No.12205-5 coming under the opposite parties. It is a SSI Unit . Complainant has been remitting consumption charges regularly. On 8/10/11 the opposite parties issued a demand notice for `75605/- bearing the additional consumption charges as arrears by altering the tariff unilaterally without notice. Though an objection has been raised against the said demand the opposite parties did not take any positive steps and threatened to disconnect the electricity connection for non payment of said amount. Hence the complaint.
According to opposite parties consumer No.12205 having a connected load of 3482 watts originally under LT. VI B Tariff. Complainant is not an SSI unit as contended and no document is submitted to prove that the premise where the said connection exist is a SSI unit. The bill dtd 1/10/11 for `73359/- is issued for short assessment for tariff misclassification according to the usage of electricity at the premises of the complainant. The tariff is not changed unilaterally but the bill in dispute has been billed under LTVII A tariff under commercial category. The complainant has not used electricity in excess but was using the electricity for other purpose than allotted to him as per the original tariff LTVI B. The opposite parties had not altered the tariff of the complainant but only billed the consumer under LTVII A tariff. As per the govt. Gazette notifications of 2002 the tariff of the Internet café falls under commercial tariff and since the connected load at the complainants premises is 3482 watts. LT VII A is the tariff applicable. But at the time of availing the service connection the same was categorized as LT VI B tariff since the premise was used as some computer institution. The short assessment bill for the period 6/2007 to 12/2010 is issued to compensate the loss sustained the KSEB due to this misclassifications of the tariff at the complainant’s premises and there is no deficiency in service on the part of opposite parties.
3. Both sides heard . Exts.A1 to A5 marked on the side of complainant. The Asst. Engineer appeared in person and submitted the case of opposite parties.
4. During hearing, the learned counsel for complainant Sri.A.Rajagopala invited our attention to the decision of the Hon’ble High Court of Kerala reported in 2006(1) KLT 529. In the said decision the Hon’ble High Court has held as follows.:-
Section 86 of the Electricity Act, 2003 confers power on the State Commission to determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be within the State. Powers have already been conferred under Section 86(1)(f) to adjudicate upon the disputes between the licensees and generating companies and to refer any dispute for arbitration. After the coming into force of the Electricity Act, 2003 it is no longer open to the Board to unilaterally increase the tariff. Same can be done only after getting approval from the Commission. No power has been conferred on the Board under the Electricity Act, 2003 to resolve any dispute with regard to the category under which a particular group of establishments falls; either industrial or commercial.
The present case on hand is squarely falls within the frame of the case discussed by the Hon’ble High Court of Kerala . Therefore we hold that the issuance of demand notice for ` 75605/- on the ground of misclassification of the tariff is without jurisdiction and hence it is legally not sustainable. Hence opposite parties are directed to cancel the said short assessment demand notice for ` 75605/- . However it is open to the opposite parties to place the matter before the Electricity Regulatory Commission for decision as to the category of the establishment of the complainant for the fixation of tariff and issue revised bill if approved by Regulatory Commission . Till the decision of the Regulatory Commission complainant shall be billed only under LT VI B category . Time for compliance is 2 months from the date of receipt of copy of the order. The parties will suffer their respective costs.
Exts:
A1-Certificate of SSI unit
A2-spot bill
A3-letter issued by complainant to OP
A4- demand notice
A5-payment receipt
MEMBER MEMBER PRESIDENT