ARUPPUKOTTAI SRI JAYAVILAS LTD Vs. TAMIL NADU ELECTRICITY REGULATORY COMMISSION; CHAIRMAN, TAMIL NADU ELECTRICITY BOARD; SUPERINTENDING ENGINEER, VIRUDHUNAGAR ELECTRICITY DISTRIBUTION CIRCLE

JUDGEMENT

(1.) The short facts of the case are as follows:-

(2.) The petitioner additionally added that consequent to the enactment of the Electricity Regulatory Commission Act 1998 (CA 14 of 1998), the Government of Tamil Nadu Constituted the Tamil Nadu Electricity Regulatory Commission, the first respondent herein on 17.03.1999. After the first respondent Regulatory Commission came into being, the tariff is being fixed by them by virtue of the Powers vested with them under Section 29 of the Act. On 15.03.2003, the first respondent Commission had notified the tariff on consumption of Electricity payable by various consumers. As per the tariff notification referred to above, the petitioner-Industry falls under High Tension Tariff 1A. The tariff payable by the petitioner would be two part tariff, viz., the demand charges and the Energy Charges. According to the said Tariff, the petitioner-Mill has to pay Rs.300/- per K.V.A. of maximum demand sanctioned and paise 350 per unit. According to general provisions in Clause 7.17(1-0) (i) of tariff order applicable to High Tension Supply involving a sanctioned demand above 5000 K.V.A. + 2% marginal adjustment shall be given supply at 33 K.V. if available in the area or at EHT voltage. Whereas under Clause 7.17 (1-0) (ii) in the case of existing High Tension Consumer whose sanctioned demand exceeds 5000 K.V.A and who do not avail supply at 33 K.V. or EHT Voltage, they shall be charged an extra levy of 10 paise per KWH (Unit) over and above the normal tariff, for the entire energy consumed. The extra levy is applicable to all categories of H.T.consumer till they avail supply at the specified voltage. In other words, a High Tension Consumer who requires sanction for 5000 K.V.A. and above, shall avail H.T. supply at 33 K.V. or Extra High Voltage Supply but not at 11 K.V. supply. If the High Tension Consumer after getting sanction for more than 5000 K.V.A. fails to avail H.T. Supply at 33 K.V. or E.H.T.Voltage, then such consumer is liable to pay an extra levy of 10 paise per unit over and above the normal tariff for the entire energy consumed as per the above provision.

(3.) The petitioner further submits that on 01.09.2004, the first respondent has notified the Tamil Nadu Electricity Supply Code, Tamil Nadu Electricity Distribution Code and Tamil Nadu Electricity Distribution Standard of Performance Regulations, by virtue of Section 50 read with Section 181 of the Electricity Act 2003. As per Regulation 5(2)(1) in the case of H.T. Supply, the maximum demand charges for any month shall be based on the K.V.A. demand recorded in that month at the point of supply or such percentage of sanctioned demand as may be declared by the commission from time to time which ever is higher. Whenever the consumer exceeds the sanctioned demand the excess demand alone shall be charged at double the normal rate. The petitioner further submits that under the tariff order dated 15.03.2003, the H.T.consumer has to pay Rs.300/- per K.V.A. towards demand charges. If he exceeds the sanctioned demand, he will have to pay Rs.600/- per K.V.A. of the demand so exceeded being double of the normal rate as prescribed under the Supply Code. The third respondent herein, viz., the Superintending Engineer, Virudhunagar Electricity Distribution Circle, ignoring the provisions of the tariff order dated 15.03.2003 and Tamil Nadu Electricity Supply Code as notified by the Tamil Nadu Electricity Regulation Commission on 01.09.2004 issued the proceedings in letter No.SE/VDR/AO/R/RCS/A2/F.HT.SC.68/D 2944/2007, dated 01.03.2007 stating that necessary penalty clause will be imposed for exceeding demand over the sanctioned demand on demand factor and energy factor as per TNERC directives (i.e., penalty of three times demand charges for the excess maximum demand and 10 paise per unit over and above the normal tariff for the entire consumption). This penalty will be continued without any prejudice to the action taken by the consumer for switching over to higher voltage supply.