LAWS(KAR)-2017-11-173

ASSISTANT EXECUTIVE ENGINEER Vs. ORIENT BELL LIMITED

Decided On November 13, 2017
ASSISTANT EXECUTIVE ENGINEER Appellant
V/S
Orient Bell Limited Respondents

JUDGEMENT

(1.) This Writ Petition has been filed by Bangalore Electricity Supply Company Limited (BESCOM), aggrieved by the order of the Electricity Ombudsman of 05.02.2013 directing the petitioner/BESCOM to refund the alleged excess amount collected from the respondent-consumer - M/s Bell Ceramics Limited for the period September '08 to November '09 upholding the order passed by the Consumer Grievance Redressal Forum, Bangalore Annexure "E" dated 12.07.2012 in Case No.CGRF/100/2011 /1175-80, M/s Bell Ceramics Limited vs The Assistant Executive Engineer (Ele), BESCOM.

(2.) The alleged refund claim was determined by these two authorities under the provisions of the Special Incentive Scheme (SIS) announced by the BESCOM giving the benefit of concessional rate of tariff to the consumers for the consumption in excess of the Base Consumption, computed on the basis of the previous years consumption, if they chose to take the power supply from the BESCOM Grid.

(3.) The relevant provision of the Scheme entitling the Consumers to the said benefit, as extracted in the order passed by the Consumer Grievance Redressal Forum, are also quoted below for ready reference: