VISHWAS CONCRETE PRODUCTS PRIVATE LIMITED OFFICE AT #80/35, 3RD MAIN ROAD NEW THARAGUPET BANGALORE Vs. BANGALORE ELECTRICITY SUPPLY COMPANY LTD CORPORATE OFFICE K.R.CIRCLE BANGALORE

JUDGEMENT

(1.) The petitioner, Vishwas Concrete Products Private Limited, engaged in the business of running a concrete mixing industrial unit situated at Chandapur and Yelahanka villages is having a HT power supply to the extent of 200 KV from the respondent-BESCOM and had been paying concessional rate of power supply under category HT-2(a) of the Tariff Schedule published by the respondent-BESCOM, as applicable to the industrial units.

(2.) Being aggrieved by the order at Annexure-C dated 22.07.2016 passed by the Assistant Executive Engineer (El), Attibele Sub-Division, Chandapura, demanding difference of power tariff, treating the petitioner's unit as falling under HT-2(b) category, which provides for a higher tariff rate applicable to commercial establishments and the demand of Rs. 13,05,903.00 was raised against the petitioner, the petitioner has preferred this WP No.44405/2016 before this Court.

(3.) Mr. A.V. Amarnaihan, learned counsel for the petitioner submitted that the petitioner's industrial unit is carrying on the business of mixing sand, cement, granite, additives with water in a proportionate manner and such mixed concrete is provided to the customers upon their orders and is transported to the construction sites in trucks in mounted transit Trucks. This activity, he urged, is an industrial activity only and cannot be said to be purely a commercial activity, falling within the scope of HT-2(b) Tariff Schedule and therefore, the Assistant Executive Engineer(AEE) was not justified in applying HT-2(b) Tariff Schedule vide Annexure-C dated 22,07.2016. He also submitted before the Court that the respondent-BESCOM itself had approached the Karnataka Electricity Regulatory Commission (KERC) seeking a clarification and adjudication from the said KERC and the stand taken by the respondent-BESCOM before the KERC itself was one favourable to the petitioner, where they stated that the redi-mix concrete should be included under LT5/HT-2(a) category of Tariff. The relevant paragraph XIII of the application filed by the respondent-BESCOM before the KERC seeking approval of the tariff is quoted below for ready reference.