Electricity Tariff case filed - Appeal

 

To:     

All the contributors to Electricity Consumers Group (ECG) &
Members of the QPMPA

 

Dear Sir/Madam,

Sub:     Electricity Tariff issue – regarding

Our sincere thanks to all the contributors who helped us challenge the KSEBL. The QPMPA filed the petition before the Electricity Regulators on 2.12.2016. We request the others join the few who contributed and help us take this issue to its logical finis.

 The QPMPA approached you in August 2015 to fight legally the unilateral and unjustifiable hike in electricity tariff for private hospitals, dental clinics, labs, etc., by Kerala State Electricity Board Limited (KSEBL) in 2013 & 2014 with the blessings of Kerala State Electricity Regulatory Commission (KSERC).

After repeated reminders, 74 aggrieved parties out of 4,500 private hospital owners (5,000 + Dental clinics not included) joined in the legal battle that will cost lakhs to reach a logical conclusion. There are more than 500 HT consumers in this affected group under HT B II category. If the HT consumers had contributed a fraction of their “Fixed charges” they pay every month for no energy consumed, the QPMPA would have taken up the issue confidently.

“Unite or perish” is our slogan. However, non-cooperation is the usual style of all private hospital owners, fond of or not ashamed to avail free services. They brand the association Officers as cheats to avoid payments and contributions. Nowadays, private hospital owners have highly qualified Administrators who misguide them in all issues. We could collect Rs. 10 lakhs + for this issue in the last two years. Because of the delay in filing the petition, some contributors became restless or lost faith in QPMPA and started demanding back their contribution. We cannot blame them for that.

In 1993, the efforts of QPMPA helped Private hospitals bring down the electricity tariff by 50%, from LT 7 A to LT 6 B, and the members promised that the benefits of six months would be donated to QPMPA. Hardly, a handful kept their word.  

The KSERC has come out with the following details on 1.12.2016 in their website.

Visit http://www.erckerala.org/userFiles/636167150107210000_soumotufinal.rar

Public Notice on re-determination of tariff of electricity in the State of Kerala. (8 page pdf)

No. 1007/F&T/Suo Motu/2016-17                           Dated 01.12.2016
                                 Place                                                                           Date
1. Kannur for Kasargod and Kannur Districts                                                 27.12.2016
2. Kozhikode for Kozhikode, Malappuram and Wayanad Districts                   28.12.2016
3. Thrissur for Thrissur and Palakkad Districts                                              04.01.2017
4. Ernakulam for Ernakulam and Alappuzha Districts                                    05.01.2017
5. Pathanamthitta for Pathanamthitta and Kollam Districts                            12.01.2017
6. Idukki for Idukki and Kottayam Districts                                                   13.01.2017
7. Thiruvananthapuram for Thiruvananthapuram District and others                17.01.2017

The details of the Public hearing to be held in the month of December 2016 can be seen at http://www.erckerala.org/schedule.aspx

27.12.2016 (First public hearing)
11 a.m. Public Hearing Collectorate Conference Hall Kannur
Suo moto proceedings for re-determination of Tariff applicable for the year 2016-17 and 2017-18

28.12.2016 (Second public hearing)
11 a.m. Public Hearing Hotel Nalanda Auditorium, Kozhikode
Suo moto proceedings for re-determination of Tariff applicable for the year 2016-17 and 2017-18

We will inform the venue of the other hearings as soon as it is published. KSERC will publish them in the newspapers. Kindly watch.

The details of the proposals by ERC are at http://www.erckerala.org/userFiles/636167150107210000_soumotufinal.rar Kindly study the proposals, attend the public hearing and present your views. This exercise by the members will give us an extra push. If you cannot open the .rar file send a mail <[email protected]> and we will give the details.

Our petition is to bring hospitals in the Industrial tariff group, as hospitals are industries as per a Supreme Court ruling in 1978 in Bangalore Water Supply Case. QPMPA will be called for hearing separately, as our Petition is not a part of the public hearing published by ERC.  However, as aggrieved parties, our contributors can appear for the Public Meetings and present this view in their individual capacity. If the ERC is not accepting that demand to convert us to Industrial tariff, we must claim that all hospitals must be in one category – LT VI A. Now hospitals are under three groups – viz. LT 6 A, LT 6 B and LT 6 F.

In the 2013-14 ARR & ERC the KS Electricity Regulatory Authority decided to change us from LT 6 B to LT 8 as per Para 57 of the judgment in the Appellate Tribunal for Electricity in Appeal No. 110 of 2009. Interestingly, the KSERC failed to note that said in Paras 15, 16, 17 (ii), (viii), 18, 26, 27, 40, 43 and 55 in The Appellate Tribunal for Electricity in Appeal No 110 of 2009 Association of Hospitals Vs MERC judgment. If that said in the Paras cited is true, then we have every right to be included under LT 6 A. However, we are demanding a higher level – Industrial category – and let us hope we will succeed. If the Kerala State ERC is not ready, we will first approach the Appellate Tribunal, New Delhi and find out whether they are ready to keep their word and then the Apex Court.

The QPMPA has acted at the appropriate time and excuse us for the delay. If those who demanded a refund are serious, we are ready to do that, discontinue this project, and hasten the inevitable outcome we are all facing commonly.

The list of contributors is published on – http://qpmpa.org/ or visit  http://www.qpmpa.org/node/113   Or  http://qpmpa.org/node/98 and other links mentioned there. Also visit our Facebook page at https://www.facebook.com/QPMPA/

Kindly pass on this message to your friends not in the list, with a request to contribute to this cause, so that we are not forced to back out for want of funds.

Wishing All a Merry X’mas and a happy and prosperous New Year.

 Thanking you and with regards,

Yours sincerely,

 

Dr. K. Kishore Kumar,

Secretary, QPMPA,
Lakshmi Mandiram (25-il), Narakathara 688506

 

Kochi: 19.12.2016                                Ph. 0477 2747174 M. 9447485532

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