THE EXECUTIVE ENGINEER, SALEPUR ELECTRICAL DIVISION, CENTRAL ELECTRICITY SUPPLY UTILITY (CESU) Vs. GRIEVANCE REDRESSAL FORUM, CENTRAL ELECTRICITY SUPPLY UTILITY

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India has been filed wherein the order dated 18.12.2015 passed by the Grievance Redressal Forum, CESU, Cuttack in C.C. Case No. SED/734/2015 is under challenge.

(2.) The case of the petitioner, in brief, is that M/s. Sri Jagannath Cold Storage, At/P.O. Nichintakoili, Distict, Cuttack (opposite party No. 2), is a consumer under the Executive Engineer, Salepur Electrical Division vide A/c. No. MI-12/LI-1 and has taken power supply for a contract demand of 57 KW for the purpose of cold storage by executing agreement on 21.04.1997. Subsequently, the consumer has enhanced its load to 124.44 KVA and has been categorized under the Large Industry Tariff Category and the billing has been made under the said category.

(3.) The Orissa Electricity Regulatory Commission has formulated a regulation known as Orissa Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 2004 [in short "OERC Distribution (Conditions of Supply) Code, 2004"] to govern distribution and supply of electricity and the procedures thereof such as the system of billing, modality of payment of bills, the powers, functions and obligations of the distribution licensees and/or suppliers and the rights and obligations of consumers. Chapter-VII of the OERC Distribution (Conditions of Supply) Code, 2004 deals with classification of consumer. Regulation-80 of the OERC Distribution (Conditions of Supply) Code, 2004 provides licensee may classify or reclassify the consumer into various categories from time to time as may be approved by the Commission and fix different tariffs and conditions of supply for different class of consumers.