H P STATE ELECTRICITY BOARD Vs. UMESH INDUSTRIAL ENTERPRISES (P) LTD
LAWS(HPCDRC)-2010-5-1
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 04,2010

H P STATE ELECTRICITY BOARD Appellant
VERSUS
Umesh Industrial Enterprises (P) Ltd Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the order passed by District Forum, Sirmaur at Nahan, in Consumer Complaint No.91/2002, dated 29.04.2002 whereby complaint of the respondent was allowed and the appellant was directed to refund Rs.3,05,390/ - to the complainant -industrial concern alongwith interest at the rate of 9% per annum from filing of complaint till making full payment of aforesaid sum. In addition to this, it it was also ordered that appellant shall also pay Rs.3,000/ - as litigation cost to the complainant -industrial concern.
(2.) FACTS of the case as this emerge from the record are that the respondent, is a company registered under the Companies Act was engaged in manufacture of Stainless Steel utensils. Respondent was earlier sanctioned electricity load of 310.23 KW which was later -on reduced to 176 KW keeping in view the operation need of its factory.
(3.) FURTHER averments in complaint are that prior to May, 2000, the appellant categorized the industries under three categories, viz. small scale industry, medium industry and large scale industry. For the purpose of charging energy consumption and in April, 2000 the categorization was revised and small industry and medium industry were clubbed together for the purpose of charging of energy, under category LS -I. It was also alleged in the complaint that industrial concern of respondent/complainant was required to be categorized under category LS -II for the purpose of electricity consumption charges, but appellant instead of categorizing it under category LS -II, started charging energy consumption charges at the rate of Rs.250/ - per KW, instead of Rs.105/ - per KW as applicable to LS -II category.;


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