Dipak Misra, J. - (1.) The respondent No. 2, Chhattisgarh State Electricity Board (CSEB), filed Petition No.5/2005 under Sections 45, 46 and 64 of the Electricity Act, 2003 (for brevity, 'the Act') for determination of Retail Supply Tariff for the financial year 2005-2006. The Chhattisgarh State Electricity Regulatory Commission (for short, 'the Commission'), while dealing with the power intensive industries adverted to the tariff that is to be determined qua the present appellant. Paragraph 3 of the HV-5 Power Intensive Industries that deals with tariff reads thus:- JUDGEMENT_111_LAWS(SC)2_2017.html
(2.) Paragraph 4(a) adverts to minimum monthly payment of charges. It reads as follows:- "4. Minimum Charge [a] For 220/132 KV Supply The consumer will guarantee a minimum monthly payment of charges of the unit [Kwh] equivalent to 30% load factor on the contract demand plus demand charges on the billing demand for the month irrespective of whether any energy is consumed during the month or not."
(3.) In the present appeal, we are only concerned with minimum charges as nothing else is in dispute. The Commission, while dealing with minimum charges, fixed 30% of the load factor taking into consideration the pattern of consumption as minimum charges. Be it noted, the said tariff determination was applicable for the said financial year in respect of all the power intensive industries.;