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2016 (5) TMI 591

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..... n a no profit basis. Even the usage of electricity categorized as commercial is not because there is a profit motive, but because the activity is commercial as opposed to residential or individual. In the premises, electricity used by the Petitioner for the Sports Complex, which houses an athletic track, a gymnasium and a tennis court is correctly assessed and charged under the tariff item LTII, which is for 'Non-residential or Commercial' use. No fault can be found with respect to such categorization or billing. - Writ Petition No. 1341 of 2013 - - - Dated:- 4-5-2016 - S. C. Dharmadhikari And S. C. Gupte, JJ. For the Petitioner : Mr. Navroz Seervai, Senior Counsel, a/w. Mr. Raj Patel, Mr. Aditya Khandeparkar and Mr. Jahaan Dast .....

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..... claims these to be nominal, barely covering the cost of maintenance of the complex and coaching provided therein. In other words, the entire complex is run, according to the Petitioner, without a profit motive. 3. There are three electricity meters installed at the site, one in respect of the public garden and two for the sports complex. These three meters are placed under different categories. Whilst the meter in respect of the public garden is classified and categorized under a category known as LTVI (which is for public street lighting, lighting in public gardens, etc.), the other two meters are categorized as LTII (a) (which is for Non-residential, commercial and business purposes) and LTII (b) (which is for combined lighting of pow .....

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..... facilities to the public on an open and free of charge basis. It is submitted that on inspection of the premises by the Officers of Respondent No.1, it was found that though the garden was open to general public, the activities of the sports complex including the Gymnasium were restricted to the members of the Petitioner trust, who were charged separately. It is submitted that the activities at the sports complex were, accordingly, very much commercial. 6. In the first place, the subject matter of the present writ petition is nothing but a simple tariff dispute between a consumer and a licensee. The Electricity Act, 2003 provides for an application to the Consumer Forum for deciding such dispute under Section 42. There being an effective .....

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..... ies is described as below : LT II: LT Non-Residential or Commercial Applicability Electricity used at Low/Medium Voltage in all Non-residential, nonindustrial premises and/or commercial premises for commercial consumption meant for operating various appliances used for purposes such as lighting, heating, cooling, cooking, washing/cleaning, entertainment/leisure, pumping in following places: a) Non-Residential, Commercial and Business premises, including Shopping malls b) Combined lighting and power services for Entertainment including film studios, cinemas and theatres, including multiplex, Hospitality, Leisure, Meeting Halls and Recreation places. c) Electricity used for the external illumination of monum .....

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..... ve, the categorisation of electricity tariff is on the basis of 'usage' and not 'the terms of usage'. If a gymnasium uses electricity, it is usage for running a gymnasium, irrespective of the terms of such usage, namely, whether for a charge or not and whether on a profit motive or no profit principle. It is usage clearly falling within 'Non-residential or Commercial' usage. A non-residential or commercial establishment for the purposes of electricity tariff does not cease to be non-residential or commercial if it is run on a no profit basis. Even the usage of electricity categorized as commercial is not because there is a profit motive, but because the activity is commercial as opposed to residential or individual. .....

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