CONSUMER GRIEVANCE REDRESSAL FORUM NORTHERN REGION, . (Formed under Section 42(5) of Electricity Act 2003) Vydyuthibhavan, Gandhi Road, Kozhikode -673011 Telephone Number -0495 2367820 [email protected]

PRESENT

ANIL KUMAR .K. R : CHAIRPERSON

LEKHARANI R : MEMBER

ROBIN PETER. : MEMBER

OP No.137/2020-21

PETITIONER :

The General Secretary, Sirajul Huda Educational Complex, – P.O., Kozhikode-673508.

RESPONDENTS :

1. Assistant Executive Engineer, Electrical Sub Division, Kuttiady, -673508.

2. Assistant Engineer, Electrical Section, KSEB Ltd, Kuttiady, Kozhikode District-673508. ORDER

Case of the Petitioner:-

The petitioner, General Secretary, Sirajul Huda Educational Complex, Kuttiady, Kozhikode bearing consumer No.1166299009227 comes under the Electrical Section Kuttiady states that they have been obeying/following the norms and regulations meticulously and remitting the current charges regularly based on the existing allotted tariff.

It is further stated that they have not either complained or joined any parties to approach the High Court against the tariff revision of self financing institutions proposed on 01.12.2007 by the Regulatory Commission. The complaint lodged to the Hon’ble CGRF is purely based on the regulation 130(8) of Electricity Supply Code.

It is requested that the bill issued as per regulation 136(3) of Kerala Electricity Supply Code 2014 that the arrears accumulated for more than 2 years may be reexamined and the accrued surcharge may be completely exempted as it is not due to the fault of the consumer. The relief sought by the consumer is to make the entitled amount without interest in equal installments.

Version by the Respondent:-

The Sirajul Huda English Medium School at Kuttiadi bearing consumer number 1166299009227 is under Electrical Section Kuttiadi. This is a self financing educational institution and applicable to commercial tariff.

The petitioner had to remit the electricity charge under LT VI A tariff up to 30.11.2007. The Kerala State Electricity Regulatory Commission revised the electricity charge for the self financing educational institution from 01.12.2007. Hence the petitioner had to remit the electricity charges based on the new direction i.e. LT VII A tariff. But the complainant remitted the charges 3 under tariff LT VI A from 09/2008 to 06/2013 on the basis of an order issued by the Hon’ble High Court of Kerala. In a verdict superseding the High Court order, the Hon’ble Supreme Court annulled the order No.8350/2009. Based on that the entire self financing educational institutions are liable to remit the latest electricity charges from 01.12.2008 onwards.

In consequence of the Supreme Court order, KSEBL has issued revised rate and based on that the new notice has been issued to the petitioner on 22.1.2021. It is informed that the balance amount (arrears) along with its surcharge from 9/2008 to 6/2013 is to be remitted henceforth. It is intimated that the licensee is empowered to recover the eligible arrears under section 136(1) of Electricity Supply Code2014.

In view of the above the complainant is liable to remit the entire amount and as such the petition may kindly be disposed of accordingly.

Discussion, analysis and findi ngs : -

As the hearing could not be conducted in usual way due to Covid 19 Protocol, an online hearing was convened on 12/07/2021. Both the petitioner and the respondent attended the hearing.

Having considered all the documents submitted and the deliberations during the hearing, the Forum has come to the following conclusions leading to the decision:-

This is case related to the Civil petition No. 8350 of 2009 filed by similar petitioners before Hon’ble Supreme Court of India and stands disposed of vide Judgment dated 20/02/2020. The origin of dispute is consequent to the change of tariff of self financing educational institutions from LT VIA to VIIA based on tariff order of Kerala State Electricity Regulatory Commission dated 26/11/2007.

The petitioners approached the High Court for addressing their grievance even though the single bench of High Court rejected the petition, they obtained favorable orders from division bench. The licensee moved against that and appeal filed before Hon’ble Supreme Court of India and final verdict obtained in which the order of division bench was set aside.

The licensee issued general direction to collect the arrears along with interest from all similar consumers. The petition is now filed before this Forum by the petitioner requesting to exempt them from paying the surcharge. It is also pleaded to allow installments for remitting the arrear excluding interest.

The respondent furnished the facts and stated that the petitioner is bound to pay interest component because it is compensatory.

In a similar case in Southern College of Engineering and Technology, Trissur Vs. KSEBL, the Hon’ble High Court of Kerala vide WP(c ) No.17434 of 2020(D) it was held as ‘the pendency of the appeal before Hon’ble Supreme Court, pursuant to a favorable judgment, from the High Court, only suspended the requirement of payment of arrears to the respondent who emerged the ultimate victor in the litigation, the petitioner became liable to pay the interest component that accrued on the arrear amount once the Supreme Court reversed the judgment of the High Court’. It is ordered to recover the entire amount.

Hence the petitioner is legally bound to pay the electricity charges and interest for belated payment of arrears.

The action of the respondent is found to be in order in collecting the surcharges (interest) for the arrear bill for late payment. For the reasons stated above the Forum finds no merit in the petition filed by the petitioner and hence reject his plea to waive the surcharge. DECISION:-

The request of the petitioner is to avoid the surcharge due to the late payment of arrears is not sustainable. Hence the bill has to be paid by the consumer, but the petitioner is allowed to pay the arrear bill in 12 monthly installments. The petition is disposed off accordingly.

Dated this the 13th day of August 2021

Sd/- Sd/- Sd/- Robin Peter Lekharani R Anil Kumar .K.R Member Member Chairperson

Endt.on CGRF-NR/OP 137/2020-21/86 / 13 - 08- 2021

Forwarded to: If the petitioner is not satisfied with the above order of 1) The General Secretary, this Forum, he is at liberty to prefer appeal before Sirajul Huda Educational- State Electricity Ombudsman, Charangattu Bhavan Complex,Kuttiady P.O, Building No.34/895,Mamangalam,Anchumana Road, Kozhikode-673508. Edapally,-682024 (Ph: 04842346488) within 30 days from the date of receipt of this order.

2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd Kuttiady. Kozhikode District.

Copy submitted to: Chief Engineer (Distribution –North) , Kozhikode

Copy to: 1. The Secretary, KSEB Ltd., Vydyuthibhavanam, .

2. Deputy Chief Engineer, Electrical Circle, Vadakara. 3. The Executive Engineer, Electrical Division, . Forwarded 4. The Assistant Engineer, Electrical Section,Kuttiady Sd/- KSEB Ltd., Kozhikode District. Chairperson