NATIONAL ENGINEERING INDUSTRIES LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition was filed by the petitionerconsumer assailing the impugned award/order dtd. 16/7/2019 passed by the Electricity Ombudsman, Rajasthan (for short "EO") in Case No. EOR 457/2019 titled as 'M/s NEI Ltd. vs. Jaipur Vidyut Vitran Nigam Limited'. The issue before the EO was whether the Discom-Jaipur Vidyut Vitran Nigam Limited (for short "JVVNL") had authority to recover transformation losses (at 3%) and pro-rata cost of Transformer, from the consumers who were falling under the category of 'Large Industries', on allowing increase in contract demand at lower voltage than the prescribed level of supply of voltage according to their contract demand. For reference, the prescribed voltage level for various categories of load is reproduced as under: <IMG>JUDGEMENT_232_LAWS(RAJ)5_2023_1.jpg</IMG>

(2.) Admittedly, petitioner-consumer was a large industrial consumers of electricity who were receiving voltage supply atleast one stage lower than the prescribed load after their application for extension of contract demand was accepted. Since the supply was on one stage lower, which was only permissible in exceptional circumstances, the Discom was levying a charge of 3 % as transformation losses and pro rata cost of the transformer. The said levy was challenged by the petitioner-consumer and the EO held the same to be valid and legal vide impugned award/order dtd. 16/7/2019. Aggrieved by the impugned award/order of the EO, the present writ petition was filed.

(3.) This case has a long chequered history and involves some disputed questions of facts. Bereft of any unnecessary details, the relevant and necessary facts for the just adjudication of the case are as follows: