EXECUTIVE ENGINEER, ELECTRICAL (NESCO), KEONJHAR ELECTRICAL DIVISION, KEONJHAR Vs. PRESIDENT GRIEVANCE REDRESSAL FORUM, JAJPUR AND ANOTHER

JUDGEMENT

(1.) The petitioner, who is one of the Supply Engineers of the Distribution Licensee North Electricity Supply Company (hereinafter referred to as NESCO) engaged in the business for retail sale and supply of electricity to various categories of consumers within its area has filed this application to quash the order dated 30.09.2013 passed by the Grievance Redressal Forum, Jajpur in Consumer Complaint No. 232 of 2013 vide Annexure-2.

(2.) The factual matrix of the case in hand is that opposite party no.2-M/s Orissa State Cooperative Milk Producers Federation Ltd (hereinafter referred to OMFED) for its Keonjhar Dairy executed power supply agreement with the petitioner-NESCO for a contract demand of 69 KW for the purpose of chilling, processing, packing of milk and milk products and has been categorized under "LT Industrial (M) Supply" Tariff category. In exercise of power conferred under Section 181 of the Electricity Act, 2003 the Orissa Electricity Regulatory Commission (hereinafter referred to as the OERC) made a regulation known as OERC Distribution (Condition of Supply) Code, 2004 (hereinafter referred to as 2004 Code) to govern distribution and supply of electricity and procedure thereof such as system of billing, modality of payment of bills, the powers, functions and obligations of the distribution licensee and or suppliers and the rights and obligations of the consumers. 2004 Code forms part of the agreement and binding on the parties. Opposite party no.2 on entering into the agreement paid the demand raised by the supplier regularly. By notification dated 11.09.2007 published in the Orissa Gazette on 31.10.2007, the OERC introduced a new category of consumer namely "Agro Industrial Consumer" by way of an amendment to Regulation-80 (5) of the 2004 Code, which is as follows:

(3.) Mr. S.C. Dash, learned counsel for the petitioner argued with vehemence that opposite party no.2 having entered with an agreement with the petitioner on 16.08.1983 for availing power supply to their milk chilling centre situated at Silisuan, Keonjhar with a load of 69 KW under Medium Industry Category, the power supply has been effected through the departmental distribution transformer at L.T. Supply system and the consumption is being measured through LTCT metering arrangements. In fact, billing is continuing in Midium Industry Tariff. In view of change of category of consumer pursuant to Regulation 80 (5) of the 2004 Code, the opposite party no.2 consumer is not eligible to be billed under the "Allied Agro Industrial Activities Tariff" category since OERC has excluded the commercial and industrial activities of chilling plants as per para-258 of Tariff Order, 2009-10. Therefore, it is stated that the relief claimed by the opposite party no.2 is not admissible under law and as such the direction given by the GRF to change the category of the unit is absolutely misconceived one and basing upon the same, the revision of bills also cannot sustain in the eye of law. It is further urged that the direction given by the GRF on 30.09.2013 being not based on rules and regulations of OERC code 2004, the clarification issued by the OERC in the tariff orders cannot override the regulation. Therefore, the clarification vide para-179 (b) of RST order of the GRF cannot sustain in the eye of law. Therefore, he seeks for quashing of the order passed by the GRF.