EXECUTIVE ENGINEER Vs. GRIEVANCE REDRESSAL FORUM

JUDGEMENT

(1.) IN this writ petition, the petitioner representing distribution licensee WESCO, has assailed the legality of order dated 11.11.2013 passed by Grievance Redressal Forum, Rourkela (for short 'the GRF') in Case No. 57 of 2013 in which it was held that claim of the petitioner of reliability surcharge in the energy bills for the months of May and June, 2013 from opposite party no. 2 was unjust and the petitioner was directed to revise the energy bills of opposite party no. 2 for the months of May and June, 2013 waiving out the reliability surcharge from the bills.

(2.) OPPOSITE party no. 2, situated at Kalunga Industrial Estate, is a mini steel plant, having contract demand of 2600 KVA, availing power supply from the industrial feeder which emanates from 132/33 KV grid substation on the strength of agreement dated 20.6.2012 at Annexure -1 entered into with WESCO. Clauses -6 and 7 of the agreement at Annexure -1 read as follows:

(3.) IT is not disputed that opposite party no. 2 is getting power supply through feeder emanating from 132/33 KV grid substation, Rourkela through which feeder other Large Industries consumers are also getting power supply. Opposite party no. 2 does not dispute that reliability index was more than 99 per cent and voltage variation was as per Section 2.1 (Schedule I) of the OERC (Standard of Performance) Regulation, 2004 (for short 'the OERC Regulation') during the months of May and June, 2013.