SOUTHERN ELECTRICITY SUPPLY COMPANY OF ORISSA LIMITED, BERHAMPUR Vs. GRIEVANCE REDRESSAL FORUM, BERHAMPUR

JUDGEMENT

(1.) The present writ petition by the Southern Electricity Supply Company of Orissa Limited (SOUTHCO), its Deputy General Manager and the Executive Engineer, Electrical, Berhampur Electrical Division, against the decision dtd. 19/8/2008, passed by the Grievance Redressal Forum, Berhampur (GRF) in GRF Case Nos.396 and 396(A) of 2008 allowing the complaint petition filed by M/s. Seven Hills Iron and Steel Limited (Opposite Party No.2).

(2.) By the impugned order, the Petitioners were directed to re-work the energy bill of Opposite Party No.2 limiting the claims upto two months of the disconnection i.e., upto 13/7/2006, treating deemed termination of the initial agreement while preparing the energy bills allowing off peak tariff concession. If the actual consumption during off peak hours was not available, incentive was to be given on proportionate basis. Further the Delayed Payment Surcharge (DPS) was to be recast in order to arrive at the actual arrears upto 13/7/2006. The payment made by the consumer had to be apportioned against the arrears upto 13/7/2006 and the excess payment together with interest @1% was asked to be refunded by way of adjustment in the subsequent energy bills under the Regulation 92 of the O.E.R.C. Distribution (Conditions of Supply) Code, 2004 (the 2004 Code). The two Cheques presented by the Opposite Party No.2 towards the installment payments, which had not been encashed, were asked to be returned to the Opposite Party No.2 forthwith, in order to regularize the power supply. In order to regularize the power supply, the Petitioners were to execute a fresh agreement with the Opposite Party No.2 by treating it as a new consumer with the date of power supply as the date of commencement of supply. It was further directed that all the above directions were implemented, the power connection of the Opposite Party No.2 would not be disconnected.

(3.) On 3/2/2009, the impugned order of the GRF was stayed by the Court. That interim order is continued since.