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