Relief to apartment as Karnataka HC stays Bescom’s assessment order

The complex in question consists of more than 3,000 units of apartments and over 5,000 residents

The high court on Tuesday stayed the operation of a Bescom assessment order over payment of tariff to the clubhouse maintained by the Prestige Shantiniketan Apartment Owners’ Welfare Association in Whitefield.

While passing the order, vacation judge Justice Ananth Ramanath Hegde directed the petitioner association to continue paying the electricity tariff at the existing LT-2 (a) rates.

The petition stated that the Bangalore Electric Supply Company Limited (Bescom) directed the association to pay double the tariff for 12 months prior to February 2017 at LT-3 rates applicable to commercial entities, excluding the LT-2 charges already levied.

The association was also asked to pay electricity tariff at LT-3 rates subsequent to February 2017, excluding the already charged LT-2 rates.

The association claimed Bescom authorities failed to apply relevant provisions of the Karnataka Electricity Regulatory Commission (Electricity Supply & Distribution) Code, 2000-2001.

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They said the provisions specified that in the case of buildings with both domestic load and commercial load, including industrial load, the tariff for the common area loads should be domestic if the commercial load (treating industrial load as commercial load) is 25 per cent or less of the total combined load, including sanctioned load and any additional load requisitioned of the entire building, irrespective of ownership of the individual units.

The Final Assessment Order was passed without assigning any reasons, the petitioners said, arguing that the order was on the premise that the association was operating a ‘More’ supermarket, coffee shop, three ATMs, a beauty parlour, and doctor on call for emergency. They contended that Bescom has not assessed the usage of electricity and applicable tariffs for such usage.

“The complex consists of more than 3,000 units of apartments and over 5,000 residents. Bescom authorities, on the basis of the impugned order, may threaten to disconnect the electricity connection, which may cause untold harm and injury to the residents of the apartment complex, which also has several elderly residents,” the petition stated.